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By Lisa Ace


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Batavian displaced due to Liberty Street incident blames police for damage; City says it's not liable

By Mike Pettinella

A longtime Batavia resident is calling upon the City of Batavia to take responsibility for “destroying my home and hindering me mentally and physically” in the aftermath of Monday’s 20-hour standoff at his Liberty Street residence.

“I am a victim of this,” said David Zanghi, 66, who lives in the downstairs apartment at 209 Liberty St. “The only ones who caused damage to my house were the police. They were very non-caring.”

Zanghi was forced to evacuate his downstairs apartment when City Police responded to a domestic disturbance call around 1:18 p.m. Monday.

According to dispatch reports, the caller said an intoxicated male hit a female and was in possession of a sword.

When police arrived, they saw that the male, later identified as Daniel Wolfe, 45, had barricaded himself inside his apartment upstairs and began shooting at officers with a pellet (BB) rifle.

The standoff continued until around 9:30 in the morning on Tuesday, finally coming to an end when Wolfe exited the residence and surrendered to City Police Det. Sgt. Kevin Czora.

During the standoff, City Police were assisted by several other agencies, including the Genesee County Sheriff’s Office; Orleans County SWAT; State Police troopers; negotiators; drone unit; K-9 unit; and SORT teams; the NYS DEC K-9 Unit; Monroe County Crisis Negotiating Team; Genesee County Emergency Management; Genesee County Dispatch Center; City Fire Department; and Mercy EMS.

Wolfe sustained self-inflicted injuries and was transported for treatment to Strong Memorial Hospital in Rochester. Currently, he is in Genesee County Jail.

While the suspect faces multiple charges, Zanghi, who is on dialysis waiting a kidney transplant and suffers from emotional and physical ailments, now is staying with a relative in the City due to the damage done to his residence.

“They destroyed my house … busted all the windows, my clothes are shot because of the tear gas. I may be able to get the couch fixed. It’s ridiculous what they did to me,” he said.

Zanghi reported that his landlord, Duane Preston, has promised him another apartment in mid-December.

“Duane has been good to me,” he said. “He even gave me my rent check back for the month.”

Zanghi also said that he is upset that no one from the City has contacted him about the possibility of receiving some victim assistance support, and plans to confront City Council and management at the next City Council meeting on Monday (Nov. 25).

City officials, however, did respond to a request from The Batavian for a comment in light of Zanghi’s grievances.

“While the City sympathizes with Mr. Zanghi as an innocent bystander to the events that unfolded Tuesday, November 18th, there is no specific assistance that the City can offer,” Assistant City Manager Rachael J. Tabelski said.

“In any type of emergency response situation there will be unintended consequences, however the city is not liable for the damage. There are many organizations and individuals that volunteer to help residents in need, and I am hopeful Mr. Zanghi will find relief through these individuals and organizations.”

Zanghi said that his sister, Mary Ellen Wilber, who splits her time between New Jersey and Batavia, will represent him at the meeting.

Contacted by phone this afternoon, Wilber said she is “disgusted” over the City’s lack of action despite being contacted numerous times about Wolfe’s violent behavior.

“I will be there to advocate for my brother, who has called police at least seven times over the past year, year and a half, about this guy,” she said. “He’s an alcoholic who has harmed the woman (girlfriend). All those times David called and it’s all for naught.”

Wilber said law enforcement’s actions have “traumatized” her brother, who is on a fixed income and under the care of the VA Medical Center. 

“He had to go to the hospital to get his medicine because all of his pills, along with his clothes and bedding, were contaminated.

“They shot tear gas canisters into David’s downstairs apartment, knowing the guy was upstairs,” she said. “They destroyed his apartment.”

Wilber said she also questions the way the situation was handled and the cost to the City.

“I was told that the police said they were using this as a tactical exercise,” she said. “It should have never gone on this long. They could have used a Taser instead of attacking him with a dog. The cost to the City is going to be very high. They could have done things in a much better way.”

Photos by Howard Owens.

David Zanghi points to a window broken by police actions.

David Zanghi said a CS gas canister apparently exploded in his bedroom. He's pointing to all the medicine on his dresser that the VA had to replace for him. He said he has expensive suits, including a $1,500 tux, that now reek of tear gas and he's not sure they can be properly cleaned.

Photo: Man not seriously hurt after falling while crossing Main Street, Batavia

By Howard B. Owens

An elderly man, with a walker, apparently slipped and fell while trying to cross Main Street by the Old Courthouse and Tim Hortons in Batavia at about 3:20 p.m.

Mercy EMS, city fire, and Batavia PD responded and westbound traffic was tied up for about 20 minutes.

The man was not hit by a car but an officer said he was bleeding from his head. He was transported to UMMC for treatment and evaluation.

STOP-DWI recognizes officers with best record of keeping drunks off the road

By Howard B. Owens

The County's STOP-DWI program today honored the law enforcement officers with the most DWI arrests for the 12 months between June 2018 and July 2019 and the two officers who were the top cops last year were honored again this year.

Officer Mitchell Cowen, Batavia PD, is pictured above on left with Assistant Police Chief Todd Crossett.

Deputy Mathew Clor, center, is pictured with Chief Deputy (Road Patrol) Brian Frieday, left, and Undersheriff Brad Mazur.

The challenge coin each officer receives.

Poster contest winners: Jackson Lundfelt, Ciara Trigilio, Jade Wolff, Grace Shepard, Brooke Jarkiewicz, Zoey Shepard. Shannon Campbell. Oscar Staba, and Taylor Hutton.

Photos: BHS presents Shrek: The Musical this weekend

By Howard B. Owens

Batavia High School's Production Club this weekend presents "Shrek: The Musical."

Tickets are $10 at the door and $8 for students and seniors. They're available in advance for $9 through showtix4u.com.

Showtimes are Friday and Saturday at 7 p.m. and at 2 p.m. on Sunday.

Special election year course: 'American Presidency' starts Jan. 14 at GCC

By Billie Owens

Press release:

The 2020 Presidential Election is already being covered on every radio station, every social media outlet and soon it will take over local television as well. This is predicted to be one of the most contentious and tumultuous elections in recent history.

Campaign commercials, debates, stump speeches, candidates' history, statistics, surveys and predictions will bombard every media outlet in the months to come.

To make sense of it all, Genesee Community College has opened registration for a very special course that is available only during Presidential Election years.

The quadrennial course (i.e., only offered every four years) American Presidency (POS210) is taught by Derek Maxfield, GCC's associate professor of History.

Maxfield has a long and nearly intimate history with past presidents, both through his lengthy teaching tenure, but also through his historical presentation of Ulysses S. Grant, the famous Civil War General and our 18th U.S. president.

The American Presidency covers the historical foundations, theoretical aspects and powers of the presidency. In addition, the learning outcomes of POS210 include:

  • How media and popular culture have influenced the presidency over time;
  • Various models of presidential power and the major issues scholars are investigating;
  • How different presidents have interpreted and exercised political power;
  • The constitutional relationship between the executive and other branches of the government.

Anyone can enroll in this course with no pre-requisites are required. It does not have to be taken as part of a degree program and is an excellent elective for any degree. If seats are available, the course can be audited for free by seniors over the age of 60.

The onsite course begins on Tuesday, Jan. 14, and will be held every Tuesday and Thursday from 11 a.m. 'til 12:20 p.m. at GCC's Batavia Campus.

Anyone interested in this course who is not a current GCC student, is encouraged to contact the College's Admissions team at (585) 345-6800, or via email at admissions@genesee.edu, or apply online at https://www.genesee.edu/courses/nonmatriculated/ to get started.

Defendant in 20-hour standoff appears in court, case continued to Dec. 12

By Howard B. Owens
       Daniel Wolfe

Daniel Wolfe, the man accused of hitting his girlfriend before barricading himself in his apartment on Liberty Street, made a routine follow-up appearance in Batavia City Court this morning.

Wolfe had previously pled not guilty at his initial appearance to charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Today he was represented by public defender Jerry Ader.

Ader preserved his client's right to a felony hearing at a later date, and said his office is still investigating the case so he has no motions to make at this time. He asked that the case be continued in City Court until Dec. 12.

Judge Robert Balbick granted all of Ader's requests.

Wolfe, shackled and in an orange jail jumpsuit, said nothing while standing before Balbick.

Photos: Transgender Day Remembrance observed in Batavia

By Howard B. Owens

About a dozen people turned out Wednesday night for a local observance of Transgender Day of Remembrance.

The event is observed nationally every Nov. 20 but this is the first time a candlelight vigil has been held in Batavia.

Lauren Berger, who organized the event on behalf of Restore Sexual Assault Services, said the holding an event in Batavia was intended to raise awareness, remember transgender people who have been victims of violence, and support GLOW Out and the pride parade held in Batavia this past summer.

"We just wanted to bring that here so that folks come out, see what was going on, possibly get them connected with local efforts and let them know that even when we're out here and that we might be small, we're aware of what's going on," Berger said. "We support folks in our lives who we care about who might be at risk."

Video: Fall Family Fun Night at Batavia Middle School

By Howard B. Owens
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Sponsored Post: Amazing office space available in Jackson Square! Call today

By Lisa Ace


Amazing Office Space Available in Jackson Square! We at Thermory USA have loved being able to grow our business in this unique office space. Thanks to an industrial modern vibe and open floor plan, this office has felt more like a home than just a place to come to work. 

While this location is tucked away, it is also conveniently located at the center of Downtown Batavia, allowing us the freedom to walk to our choice of awesome restaurants and shops. We have enjoyed a front row seat to the summer concerts in Jackson Square as well as Oktoberfest festivities as well! 

The open concept space is approximately 900 square feet with its own private restroom and plenty of natural light. There is ample room to load and unload in the square if needed. Rent is $850/month, utilities paid by tenant. Contact Thompson Builds at 585-721-1252 to set up an appointment or for more information. 

While we are sad to leave, we look forward to seeing another business have the opportunity to thrive here like we have. Come and check it out!

Subject of 20-hour standoff on Liberty Street facing at least five criminal charges

By Howard B. Owens

         Daniel Wolfe

Press release:

On Monday, Nov. 18 at approximately 1:18 p.m., the Genesee County Dispatch Center received a domestic call at 209 Liberty St.

The caller reported that an intoxicated male struck a female and the male was in possession of a sword. It was also reported that the female was able to escape the residence.

Officers from the Batavia Police Department arrived on scene and encountered the male, who had barricaded himself inside the residence. The female was located and found safe at a neighbor’s home.

The suspect, who remained inside the house, began shooting at officers with a BB rifle.

Immediately, the Batavia Police Department set up a perimeter around the residence and neighbors were told to shelter in place. The Batavia City School District was informed of the incident so appropriate measures could be taken to ensure the safety of the students, including students attending the Jackson Primary School, located a few blocks away.

Batavia Police negotiators were called to the scene along with the Batavia Police Emergency Response Team (ERT), the New York State Police, and the Genesee County Sheriff’s Office / K-9 Unit and the New York State Department of Environmental Conservation K-9 Unit.

Negotiators were able to make verbal contact with the suspect who was identified as Daniel Wolfe, 45, who resided at 209 Liberty St. in the upstairs apartment. Wolfe repeatedly told negotiators that he wanted officers to kill him. He refused officers' commands to come out of the house.  

The Genesee County Sheriff’s K-9 handler attempted to send "Frankie" inside to safely take Wolfe into custody. Wolfe then attempted to slash Frankie with a knife, and the handler pulled Frankie back to safety.

Wolfe continued to tell officers throughout the incident that he wanted officers to kill him, and he threatened to shoot officers.

Several options were tried to get Wolfe to surrender that included the launching of chemical agents into the residence and the use of robots/drones to determine where he was in the residence. Other negotiating and swat teams were called in to assist.

After approximately 20 hours, Wolfe exited the residence and surrendered to Detective Sargent Kevin Czora of the Batavia Police Department.

Wolfe was transported to Strong Memorial Hospital for injuries he sustained during the incident. These injuries were self-inflicted. All officers on the scene and civilians in the neighborhood were unharmed during this incident.

Wolfe was later released from Strong hospital, at which time he was arrested by Batavia Police Department on charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Wolfe was arraigned in Batavia City Court on Nov. 19 and is being held without bail at the Genesee County Jail.  He will reappear in Batavia City Court at 11 a.m. tomorrow (Nov. 21). Additional charges are pending.

The Batavia Police Department would like to thank: the Genesee County Sheriff’s Office; Orleans County SWAT; New York State Police troopers; negotiators; drone unit; K-9 unit; and SORT teams; the New York State Department of Environmental Conservation K-9 Unit; Monroe County Crisis Negotiating Team; Genesee County Emergency Management; Genesee County Dispatch Center; City of Batavia Fire Department; Mercy EMS; and the numerous citizens who supported the efforts, both on the scene and in the days following this incident.

Photos: Top photo: still from the video shot yesterday of Wolfe and Det. Kevin Czora and an unidentified plainclothes State Trooper slowly walking Wolfe from the apartment where he had been barricaded to a waiting ambulance. Bottom photo, still from a previously unreleased portion of the video where Wolfe turned to look down the street, and pulled back slightly, as Czora and the trooper tried to coax him into the ambulance.

Fire reported at 415 E. Main St. in city

By Billie Owens

Fire is reported at 415 E. Main St. in the City of Batavia. It is reported that the building is evacuated. City Fire Department is on scene. A Mercy ambulance is requested for a person suffering from possible smoke inhalation.

The location is between Bank and Wiard Ross and Vine streets.

UPDATE 11:15 p.m.: Medics are back in service with a patient sign-off.

Spokesman for Minor League Baseball says focus of negotiations on protecting all 160 teams, including Muckdogs

By Howard B. Owens

It's early in the negotiations and officials with Minor League Baseball are working hard to save all the minor league ball clubs from the chopping block, a spokesman for Minor League Baseball said this evening.

"The game of baseball is just as important to Batavia and Auburn as it is in Charlotte or Indianapolis," said Jeff Lantz. "We want to see baseball grow and thrive and be a part of all of our communities."

He said it's unfortunate that word leaked that Major League Baseball floated a proposal to eliminate some minor league teams, and even more unfortunate that this week a list of teams MLB is proposing to be cut was leaked. Both Batavia and Auburn were on a list of New York Penn League clubs that could be scrapped if MLB is successful in reducing the number of minor league teams from 160 to 120.

"That's not good for anybody," Lantz said. "It's not good for Minor League Baseball. It's not good for the fans, and it's not good for the fans of Batavia and Auburn."

He said it's early in the process and MLB and its officials are meeting this week to negotiate. They'll meet again at the Winter Meetings in a couple of weeks to try and hammer out a deal.

"We'll find out their (MLB's) concerns," Lantz said. "I don't think there are any concerns that can't be addressed through negotiations and finding out the best way to go."

Asked if MLB holds all the cards, Lantz said, obviously, the Appalachian League (of) MLB owns all the franchises and can do with them as they please, but the rest of the teams have separate owners so their status does become a point of negotiation.

The Batavia Muckdogs are owned by the New York Penn League now, but the team's former owner, a community group -- Genesee County Baseball Club -- would receive a part of the proceeds if NYPL ever sold the club. If the club were sold and moved, members of the club have floated the idea of using the funds to start a baseball team in one of the leagues that provides summer baseball for college-level players.

Lantz referred questions about the team's ownership status and how that might play out in these negotiations to league president Ben Hayes.

The Batavian has been unable to reach Hayes although we've tried for the past couple of weeks.

General Manager Brendan Kelly said he was not authorized to talk about the status of the minor league clubs. We were also unable this evening to reach club President Brian Paris.

That said, Lantz confirmed, there will be a 2020 season for the Muckdogs in Batavia. The current contract between MiLB and MLB runs until Sept. 15, 2020.

"The good news is, that gives us 11 months to try to negotiate a deal," Lantz said.

Lantz said one thing that is helping the cause of Minor League Baseball is politicians speaking out to help save the teams in the communities they represent. He cited specifically a member of Congress from Massachusetts who got more than 100 other members of Congress to sign a petition to send to MLB asking MLB to protect these teams.

Sen. Charles Schumer has come out strongly in favor of keeping ball clubs in Batavia and Auburn.

“America’s favorite pastime should not become part of Upstate New York’s past," Schumer said. "It’s no secret that New York’s minor league teams are institutions within their communities, which is why I implore MLB to reconsider any such plans and will be reaching out to them directly to advocate for our New York teams."

Lt. Gov. Kathy Hochul, who along with her husband, Bill, is a big fan of the Muckdogs and has attended several games over the years, also sent out a couple of Tweets in support of protecting minor league teams in New York. In one, Hochul wrote, "Foul ball!? @MLB - please say this isn’t so. As the birthplace of baseball and home to the Baseball Hall of Fame, these teams are big economic drivers for our small towns and part of New York’s identity & culture."

UPDATE 8:25 p.m.: Genesee County Baseball Club President Brian Paris said he's had no conversations at this point with Ben Hayes or Minor League Baseball about the future of the Batavia Muckdogs, though he is mindful of the fact that the club has a financial stake in the outcome of negotiations. He noted that Major League Baseball enjoys an antitrust exemption, which could limit the leverage of ball club owners but, citing a Baseball America article, noted that terminating as many as 40 franchises could jeopardize baseball's always tenuous hold on its exemption (which is authorized by Congress). If the Muckdogs are ever sold, Paris noted, it's the intention of the club's board of directors that any proceeds from a sale (about half the value of the club, less operational losses sustained by the NYPL since the league took over) would be used to the benefit the community.

Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:

Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
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Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003. For further questions regarding Worker's Compensation Law or to contact Dolce Panepinto: click here.

'The 12 Plates of Christmas' holiday season dinner to be held Dec. 12 by Jeanne's Table at GO ART!

By Billie Owens

"The 12 Plates of Christmas" will be presented at GO ART! by Jeanne's Table on Thursday, Dec. 12.

This Culinary Arts collaboration promises to be a great -- and delectable -- way to celebrate the holiday season.

Twelve courses of fine cuisine will be served at this small plates dinner.

Only 20 tickets will be sold.

Cost is $75 per person. Beverages not included. The venue's craft beer and wine bar will be open.

It starts at 6 p.m.

To reserve your seat or get additional information, call or text 585-409-9019.

GO ART! is located in the historic Seymour Place building at 201 E. Main St. in Downtown Batavia.

Batavia Kiwanis host free ice skating -- and hot cocoa! -- Thanksgiving morning

By Billie Owens

The Kiwanis Club of Batavia is sponsoring Thanksgiving morning ice skating at the Falleti Ice Arena.

It will take place from 9 to 11 a.m. on Thursday, Nov. 28, at the arena at 22 Evans St. in the City of Batavia.

Free admission! Free skate rentals -- while supplies last! And free hot chocolate, too!

'Ticket to Work' -- free info session Dec. 10 for disabled job seekers

By Billie Owens

Press release:

Are you currently unemployed and subsisting on Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) but are considering seeking employment and could use some assistance? This may be just the opportunity that you're looking for!

Batavia’s premier consumer-run human service and advocacy agency for people with disabilities, Independent Living of the Genesee Region (ILGR) is holding a FREE Ticket To Work Program and Benefits Advisement Information Session at the ILGR office in the Crickler Executive Business Center, at 319 W. Main St., (the former Pepsi Distribution Building) Batavia.

It will take place from 5:30 to 6:30 p.m. on Tuesday Dec. 10; light refreshments will be provided.

Offered through the U.S. Social Security Administration (SSA), the Ticket to Work (TTW) program is a free and voluntary program that can help Social Security beneficiaries go to work, get a good job that may lead to a career, and become financially independent, all while they keep their Medicare or Medicaid.

Individuals who receive Social Security benefits because of a disability and are age 18 through 64 probably already qualify for the program. TTW offers participants with disabilities access to meaningful employment with the assistance of Ticket to Work employment service providers called Employment Networks (EN). It may be a good fit for you if you want to improve your earning potential and are committed to preparing for long-term success in the workplace.

For more information or to register, please contact: Donna Becker at (585) 815-8501, ext. 411, or email her at dbecker@wnyil.org.

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

Video: End of the 20-hour standoff on Liberty Street

By Howard B. Owens
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At 8:42 a.m., after barricading himself in his apartment for 20 hours while SWAT teams swarmed around his residence, a Batavia man was finally coaxed out of his dwelling by a detective who managed to gain his trust over the course of the ordeal.

The resident, whose name has not yet been released, was gently escorted by Det. Kevin Czora and a plainclothes state trooper to a waiting ambulance five houses down the block, just north of Cherry Street.

Assistant Chief Todd Crossett said the man is facing criminal charges and his name and the exact nature of the charges will be released later today.

The Batavian captured exclusive video of the subject being escorted from the house and down Liberty Street.

Video: Part I of the Liberty Street standoff

By Howard B. Owens
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This is video from the standoff on Liberty Street with footage from yesterday afternoon through early this morning.

We will post a second video later that shows the end of the standoff, including exclusive shots of the suspect being led away by Det. Kevin Czora.

The photos below are by Jim Burns.

 

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