batavia

Photo taken yesterday evening on Ellicott Street in Batavia behind the Save-A-Lot.

The first meeting of Batavia's Police Collaboration Advisory Stakeholder Group was largely informational, with most of the conversation led by Police Chief Shawn Heubusch on the history of policing, police training, and an introduction to the department's use of force policy.

Some members of the group asked questions or offered a short comment.

City Attorney George Van Ness led off the discussion with an overview of Gov. Andrew Cuomo's executive order mandating such review committees -- called "stakeholder groups" -- for all municipalities in the state that operate a police agency.

The group is charged with reviewing all local police policies and procedures and making suggestions for possible revisions. The plan that comes out of the group's work will be forwarded to the City Council. The plan will be subject then to public input and comment. The council will be expected to review and potentially approve the plan. Once certified, the plan will be sent to the state's Office of Management and Budget.

The executive order states municipalities that fail to follow through by April 1 could lose state funding.

For more on the composition of the group, which is comprised of city officials, community members, and subject-area experts, click here.

The Evolution of Policing

Recalling policing's evolution, Heubusch started with officers walking the beat on night patrol in big cities checking that buildings were secure and dealing with vagrants and drunks. Soon, officers took on the job of investigating crimes. Then when cars became common, police officers were charged with traffic enforcement, with a later emphasis catching people driving under the influence of alcohol or narcotics.

In the 1990s, there was a big push for officers to deal with domestic violence, including mandatory arrests in some situations. Modern departments also employ officers to deal with juveniles. In the late 1990s, the war on drugs started and officers put more emphasis on finding people selling or taking drugs and arresting them. Now, officers put more emphasis on getting drug users into rehabilitation.

In Genesee County, police officers assist Genesee Justice with curfew checks.

Community policing has always been a part of a police officer's job, Heubusch said. Since he became chief in 2014, he started a community outreach committee in the department that looks for ways to connect police officers with community members. Programs include shop-with-a-cop, coffee-with-a-cop, and foot patrols.

Police officers also need training in dealing with mental health issues and conflict de-escalation.

More recently, police officers are called on to enforce pandemic-related regulations and quarantine violations.

And nearly all those police activities have corresponding paperwork for the officer to complete.

"That's kind of what modern policing looks like," Heubusch said. "It's a lot. It's one of the reasons going through the academy these says is so long, because there's so much to learn."

Heubusch went through the academy more than 20 years ago when the required training took 600 hours. Now it's 800 hours.

Once an officer graduates from the academy, the officer is required to have 640 hours of field training.

Body Cams, Use of Force Policy, Job-related Stress

A member of the group asked about the use of body cams and Heubusch said since 2014 all officers are required to wear a body cam. Activating the device requires the officer to click a button twice and they are supposed to turn it on for every interaction with citizens with exceptions for emergencies that require quick action from the officer.

Asked if there is an issue with officers forgetting to activate the camera, Heubusch said there have been very few times where the department has needed to investigate a complaint or needed video footage for evidence and supervisors discovered the camera has not been activated.

The discussion then moved to the next agenda item, Batavia's policy on Use of Force (you can read it for yourself on the city's website (pdf)).

While the chief discussed the policy briefly, group members are asked to read it before the next meeting, which will feature an in-depth discussion of the policy.

Heubusch noted that decisions about use of force are often split-second at best and in that time the officer must assess the threat level and what the legally appropriate amount of force is necessary to neutralize the threat.

"They have to use reasonable force given the circumstances right in front of them at that moment in time," Heubusch said.

To help officers be better prepared in stressful situations, they go through from eight to 16 hours of reality-based training every month.

Batavia PD puts officers through more reality-based training than most small police departments, Heubusch said, because the training carries some small risk of officers getting injured since it's a physical activity.

Community member Billy Blackshear asked about stress levels police officers faced and where that factored into training.

Heubusch said in recent years, there's greater awareness about job-related stress in law enforcement. The things they see, the situations they deal with, can take a toll.

"That's one reason 20 years is long enough to be on the job," Heubusch said. "That stuff compounds."

When officers are dealing with stress, either because of something that happened on the job or in their personal life, they are taken off of street patrol, Heubusch said.

The Rigors of the Hiring Process

In response to a group member's comment, Heubusch said because of retirements, the current police office is comprised of nearly half of the officers being hired in the past two years. Some of those officers had prior experience, but the average age of the force now is somewhere around 24 or 25 years old.

YWCA Executive Director Millie Tomidy-Pepper asked if officers are subjected to a background check before being hired. That started a long discussion about how officers are hired.

The state's civil service law will only allow the department to consider the people with the top three scores on the civil service exam.

There are exceptions that allow the department to consider a lower-scoring candidate, such as a candidate withdrawing an application, but those exceptions are few. Only in recent years has a police chief had the option of passing over a candidate who failed a psychological exam.

There is a criminal background check but only a felony conviction is disqualifying.

The candidate must complete a 28-page background check questionnaire. 

"You would be surprised how many candidates omit things that they don't think we'll find," Heubusch said.

A detective interviews each candidate. The background check includes contacting former employers and references as well as locating people the candidate didn't name as a reference. The neighborhoods where the officer once lived are canvassed for people who can share relevant information about the candidate. Former spouses and boyfriends or girlfriends are interviewed.

"Anybody we can speak to who can speak to the person's character, we want to talk with them," Heubusch said.

There is a credit history check and a social media check.

Then there is a psychological exam with a specialist in police officer duty in Rochester.

Then a panel interview.

Finally, the candidate must take a polygraph.

"If you don't pass the polygraph, you don't get a job offer," Heubusch said.

The whole process takes several weeks.

Victor Thomas, a community member and representative of Just Kings Social Club, said, "That sounds like a lot. It seems you almost have to be perfect to get a job." Then he got a laugh when he said, "I think you just explained to me why I didn't get in."

Heubusch said, "we're not looking for perfect people. We all have skeletons in our closets. What we're looking for are major issues."

The big problem with the process, Heubusch said, is the state law mandating the department to only consider the top three candidates from the civil service exam. There are often better candidates, including some from our local community, who are not among the top three scorers. He would like to see New York go to a system, like some other states, where the exam is "pass/fail," which would mean, perhaps, if 200 people took the exam, the police department could consider up to 100 candidates, including local candidates.

Community member Michael Henry asked if officers receive cultural awareness training. Heubusch said they do in the academy but he didn't have the curriculum with him.

Anibal Soler Jr., superintendent of Batavia City School District, noted that in none of the material provided to group members nor during the presentation was the issue of race mentioned and he suggested a discussion of race be included in any policy reform, training, and in hiring practices. 

City Church Pastor Marty Macdonald took exception to a comment by Heubusch that suggested past behavior was predictive of how a person might do as a police officer. He spoke at length about the ability of people grow, learn and reform.

Heubusch said he agreed and said his comment was meant to refer to references from former employers.

Blackshear commended the chief for his foresight, mentioning he met with Heubusch some years ago, in addressing community issues and trying to reach young people, including trying to recruit young people to a career in law enforcement.

Beyond Diversity -- Doing the Job Correctly with Accountability

Brandon Armstrong, a small business owner and also a member of Just Kings, said he was going to bring up what he thought would be an unpopular opinion: That the big issue was not the diversity of police departments, but the inability of police departments or the justice system to punish police officers who don't do their job the right way. He noted that there have been black police officers accused of acting just as bad as white police officers in other jurisdictions.

"We do need diversity but if somebody isn't doing the job right, they need to better held accountable for it," Armstrong said. "I don't care what color they are."

The opinion wasn't unpopular at all. Other group members said they agreed and nobody disagreed.

Anibal Soler Jr.

Shawn Heubusch

Deirdre A. Louchren, 55, of State Street, Batavia, is charged with abandonment of animals. She was arrested on Sept. 22 for an incident that occurred at 8 p.m. Aug. 25 outside a residence on State Street. Louchren was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Jan. 12. The case was investigated by Batavia Police Officer Jordan McGinnis, assisted by Officer Arick Perkins.

David L. Hausler, 32, of North Bergen Road, Bergen, is charged with making graffiti, a Class A misdemeanor. At 5:17 p.m. on Sept. 17, Hausler was arrested on a warrant out of Batavia City Court for allegedly making graffiti on the outside wall of a local business on Center Street in Batavia at 11 p.m. Feb. 5. He is due in Batavia City Court on Oct. 27 to answer the charge. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with fourth-degree grand larceny -- taking property from a person. At 12:53 p.m. on Sept. 20, Gibson was arrested after she allegedly took money from another person and walked away. She was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Miah Stevens.

Jesse A. Russell, 30, of Alleghany Road, Alabama, is charged with second-degree harassment. He was arrested Sept. 15 at 4:30 a.m. after allegedly punching a person at a residence on Ross Street in Batavia. He was arraigned in Batavia City Court at 3:42 that afternoon via Skype. Russell was then released on his own recognizance and is due back in city court Nov. 17. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Jordan McGinnis.

Adam M. Jellison, 42, Sierk Road, Attica, is charged with second-degree criminal contempt. On Sept. 22 at 9:02 a.m., Jellison was arrested on Columbia Avenue in Batavia after police were responded to a 9-1-1 call. After a brief investigation, it was allegedly found that he was violating an order of protection by being there. Following arraignment in Batavia City Court, he was jailed with bail set at $2,000 cash, $4,000 bond or $8,000 partially secured bond. Jellison is due back in city court Sept. 29. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Miah Stevens.

Michael Wesley Flint, 21, of Spring Street, Mount Morris, is charged with second-degree criminal contempt. He was arrested after an investigation into a domestic incident that occurred on Aug. 31 in which he allegedly violated an order of protection. He was released on an appearance ticket and is due in Batavia City Court on Dec. 29. The case was handled by Batavia Police Officer Samuel Freeman.

Peter J. Ozzimo Jr., 50, of Orchard Street, Perry, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI -- common law; and no or insufficient tail lamps. Ozzimo was arrested after a traffic stop at 1:53 a.m. Sept. 20 on West Main Street in Batavia. It is alleged an officer observed a traffic violation, prompting the stop. He was released with several traffic tickets and is due in Batavia City Court on Dec. 30. Batavia Police Officer Sean Wilson handled the case, assisted by Officer Jordan McGinnis.

Erica M. Raphael, 35, of Pratt Road, Batavia, is charged with petit larceny. Raphael was arrested after Batavia Police Officer Nicole McGinnis responded to Top's Friendly Market on West Main Street in Batavia for a shoplifter reported to be taken into custody by store staff. Raphael was issued an appearance ticket and is due in Batavia City Court on Dec. 8.

 

A motor-vehicle accident is reported on Main Street at Ellicott Street, in front of the Post Office.

A woman has a head laceration.

Three children are involved.

A second ambulance is requested to the scene.

City fire and Mercy EMS dispatched.

Justice Ruth Bader Ginsburg was remembered and celebrated by area residents outside the Old Courthouse in Batavia on Tuesday evening as not only a champion of equal rights for women but for her fervent support for equal rights for all people.

Among the speakers, Millie Tomidy-Pepper, director of the YWCA, who celebrated Ginsburg's legacy as a fierce fighter for equality rights and justice.

"Time and time again," Tomidy-Pepper said, "each one of us here tonight has undeniably reaped the benefits of her actions."

Amy Martoche, a candidate for New York's Supreme Court, called Ginsburg an inspiration and that throughout her career, she's known that each day she goes to work, she is standing on the shoulders of Ginsburg.

"She was small in stature but a giant in every other way," Martoche said. "She had the brains and power to help those of us without power."

Akeem R. Gibson 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 Feb. 29 in the City of Batavia that Gibson possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day he knowingly possessed one or more preparations, compounds, mixtures or substances with an aggregate weight of 1/8th ounce or more. In count three, Gibson is accused of aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor. It is alleged in count three that on that day Gibson drove a 2005 Chrysler on Ellicott Street while his driver's license was suspended by authorities.

Stephen M. Esposito is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on Feb. 7 on Route 98 in the Town of Batavia that Esposito engaged in reckless driving and caused serious physical injury to another person. He is accused of driving a 1999 Ford F250 Supercab truck while his ability to do so was impaired by use of a drug and that he operated the vehicle in a manner that caused serious physical injury to a person. In count two, he is accused of driving while ability impaired by drugs, a Class E felony, for driving that day while his ability to do so was impaired by drugs. In Special Information filed by the District Attorney, Esposito is accused of having been convicted of the crime of driving while ability impaired by drugs on March 10, 2016 in Town of Stafford Court and that conviction is within 10 years of crimes alleged in the current indictment.

Patrick O. Spikes is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 24 that Spikes knowingly entered or remained unlawfully in a building in the first block of Porter Avenue in the City of Batavia with intent to commit a crime. In count two, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two that on that day he violated of an order of protection, that he acted with intent to harass, annoy, threaten or alarm the protected person, and subjected that person to physical contact or threatened to do so. In count three, Spikes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that on that day, he applied pressure to the throat or neck of the protected person with the intent to impede normal breathing or blood circulation.

Edward C. Simmons is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Sept. 16, 2019, that Simmons knowingly entered or remained unlawfully in a building with intent to commit a crime. The building was a dwelling in the 2600 block of East Shelby Road in the Town of Oakfield.

Kyle A. Scheuerlein is indicted for the crime of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged that on March 8 in the City of Batavia, Scheuerlein impeded the breathing or blood circulation of another person by applying pressure on that person's throat or neck. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged that on that day, with intent to cause physical injury to a person, that he cause such injury with a dustpan with a long handle. In count three, he is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that on that day he possessed a dangerous instrument -- a dustpan with long handle -- with intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Scheuerlein is accused of having been convicted in in the Circuit Court of the 18th Judicial District, in Du Page County, Ill.: of: (1.) theft of stolen property with intent to deprive, a Class A misdemeanor, Aug. 2, 2011; (2.) theft -- unauthorized control with intent not exceeding $300, a Class A misdemeanor, Aug. 2, 2011; (3.) burglary, a Class 2 felony, on Aug. 2, 2011; (4.) retail theft, possessing displayed merchandise not exceeding $300, a Class A misdemeanor, Feb. 10, 2012; (5.) theft -- unauthorized control with intent to benefit between $500 and $10,000, a Class 3 felony, Feb. 10, 2012; (6.) consumption of alcohol by any person under age 21, a Class A misdemeanor, Feb. 17, 2012; (7.) retail theft -- possession of displayed merchandise, a Class A misdemeanor, June 25, 2013; (8.) retail theft -- possession of displayed merchandise not exceeding $300, a Class A misdemeanor, on June 25, 2013. These convictions form the basis for count three in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count one that on Nov. 5 in the area of Hutchins Place in the City of Batavia that McGill possessed a dangerous instrument -- a bat, with intent to use it unlawfully against a person. In count two, McGill is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that date he intentionally placed or attempted to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a bat. In count three, McGill is accused of criminal possession of a weapon in the third degree. In count three, it is alleged that on April 12 in the same area, he possessed a billy (an expandable baton). In count four, he is accused of the same crime as in count one, for allegedly possessing an electronic stun gun April 12 in the same area. In count five, he is accused of the same crime as count one, for allegedly possessing a billy on May 2 in the same area. In count six, McGill is accused of the same crime as in count one, for allegedly possession a billy in the same area on June 18. In count seven, the defendant is accused of criminal possession of a weapon in the second degree, a Class D felony, for allegedly possessing a billy on June 18, with intent to use it against another person. In count eight, McGill is accused of the same crime as in count one, for allegedly possessing an electronic stun gun June 18 in the same area. In count nine, McGill is accused of a second count of second-degree criminal possession of a weapon, for allegedly possessing an electronic stun gun June 18 in the same area with intent to use it against a person unlawfully. In Special Information filed by the District Attorney, McGill is accused of having been convicted: on Nov. 10, 2008, in Orleans County Court of attempted making a terroristic threat, a Class E felony; on Sept. 7, 2017, in Town of Shelby Court, of third-degree menacing, a Class B misdemeanor; and on June 13, 2018, in Town of Albion Court, of attempted petit larceny, a Class B misdemeanor. The convictions form the basis for all counts in the current indictment except count two.

Laura Vazquez Coronado is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on May 13 in the Town of Byron that Coronado drove a 2009 Chevrolet Cobalt on Griswold Road while she was intoxicated. In count two, Coronado is accused of DWI, per se, as a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for allegedly knowing at the time that her driver's license was suspended or revoked by authorities and she was driving while allegedly under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Coronado is accused of having been convicted of DWI, as a misdemeanor, on July 25, 2018 in Town of Elba Court, and of the same crime Nov. 28, 2018 in Town of Elba Court. The convictions form the basis for count three of the current indictment.

Samantha G. Reff is indicted for the crime of aggravated driving while ability impaired by drugs, a Class E felony. It is alleged that on Dec. 3 on Route 5 and Kelsey Road in the Town of Batavia that Reff drove a 2006 black Pontiac Torrent while her ability to do so was impaired by use of a drug and that she did so while a child age 15 or less was a passenger. In count two, Reff is accused of aggravated driving while her ability was impaired by drugs, a Class E felony, and while a second child age 15 or less was a passenger. In count three, Reff is accused of endangering the welfare of a child, a Class a misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count four, she is accused of the same crime as in count three because a second child less than 17 was involved. In count five, Reff is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly knowingly possessing buprenorphine and naloxone. In count six, she is accused of the same crime as in count six for allegedly knowingly possessing alprazolam.

Derrick R. Kio is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 21 in the Village of Le Roy that Kio intentionally disobeyed or resisted a stay away order of protection. In count two, he is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count two that on that day Kio operated a vehicle in the Village of Le Roy while his driver's license was suspended or revoked by authorities. It is further alleged that at the time, he had three or more suspensions imposed on three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the District Attorney, Kio is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 and that conviction was within five years of the crime alleged in the current indictment.

John M. Tullar is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on March 3 in the Town of Bergen that Tullar operated a 2010 Ford on Route 33 while he was intoxicated. In count two, Tullar is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In Special Information filed by the District Attorney, Tullar is accused of having been convicted of DWI, as a misdemeanor, on Nov. 23, 2010 in the Town of Ogden Court, Monroe County, and that conviction was within 10 years of the crimes alleged in the current indictment.

Consultant Ed Flynn led a City Centre Feasibility Study open house last night, which was an opportunity for community members to weigh in on the future of the mall.

Top photo taken in January.

Submitted photos and press release from the Batavia Cemetery Association:

With heavy hearts and out of an abundance of caution, the Batavia Cemetery Association Board of Directors decided to cancel the annual Halloween Candlelight Ghostwalk for Oct. 24.

After much discussion, the board felt the safety of the reenactors and the public could not be guaranteed during the coronavirus pandemic when people must stand so closely together to hear the presentations. 

This is a financial blow, as the ghost walk is a major yearly fundraiser for the upkeep of the cemetery. 2020 has been a difficult year for everyone, and the cemetery has suffered great losses as well.

One of the oldest maple trees in the cemetery, and probably in Batavia, was felled by winds in January. It is reckoned the tree was approximately 200 years old. During the same storm, a large branch came down from another maple in front of the Ellicott Monument and that tree needs to be removed.

Several headstones were damaged and need repairing.

Earlier this month, a large maple along the driveway was split in half by high winds and took down two new maple trees on the other side of the driveway that were planted several years ago. It has cost several thousand dollars so far to remove three large trees.

Three other maples that have reached the end of their lives and three ash trees that have been killed by the Emerald ash borer must be removed to prevent further headstone damage. 

The board hopes to remove the dead trees this fall and begin a project next summer to grind out the stumps and replace the stately maples along the driveway. To accomplish this will require community help.

Any donations would be gratefully accepted, and may be made to Batavia Cemetery Association, 22 Fisher Park, Batavia, NY 14020. 

Please come and have some spooky fun in October, 2021 at the next Halloween Candlelight Ghostwalk!

Below, another photo from January.

Below, photo taken this month.

Below, another photo from taken this month.

New Listing Alert: 4 Richmond Ave., Batavia. City Classic -- what's not to love? This home has so much character and charm it makes you want to get comfortable and stay a while. Starting from the minute you pull up, the extra wide concrete drive and you step up on the pretty sitting porch, this home will charm you.

Upon entering you will fall for the gorgeous unpainted woodwork, awesome old hardwood floors, and rooms with sliding pocket doors! Living room and dining rooms both have pretty window seats large enough to curl up on and read a book or just hang out:). Kitchen is large and has plenty of storage.

The staircase is a beauty -- extra wide, which leads to a large upstairs with three big bedrooms and full bath. There is even an awesome old school laundry chute and a full walk-up attic that is super spacious and just a neat area for more storage or could be finished off easily and be an awesome place to hang out!

Basement is also large super clean and bright with another half bath and laundry area. Back yard has cute patio and can be a great space for entertaining!  And if you go for a short walk you are right at Centennial Park or Downtown for shopping and dining or around the corner from Thruway! Love this home!

Click here for more information on this listing or call Reliant Real Estate today! Call 585-344-HOME (4663).

Shante M. Griffin, 28, of Fisher Park, Batavia, is charged with two counts of endangering the welfare of a child. At 12:14 a.m. on Sept. 10, Griffin was arrested for allegedly leaving her two children, both under age 5, alone in an upstairs apartment without any adult supervision. She is due in Batavia City Court at 1 p.m. on Dec. 8 to answer the charges. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Kimberly R. Garland, 51, of Culver Avenue, Warsaw, is charged with: grand larceny; first-degree criminal contempt; and second-degree harassment. At 12:15 p.m. on Sept. 17, Batavia police responded to the Super 8 motel on Oak Street for a 9-1-1 hang-up call. Further investigation led the patrol to arrest Garland for allegedly striking a female who has an order of protection against her. It is also alleged that Garland stole the female's phone. She was issued an appearance ticket and is due in Batavia City Court on Dec. 15. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Alec Roberts.

Jason Christopher Mann, 44, of Pringle Avenue, Batavia, is charged with disorderly conduct. Mann was arrested at 9:25 p.m. Sept. 7 after an investigation of multiple disturbances on Hutchins Place in Batavia. He allegedly engaged in "threatening and tumultuous behavior" in the presence of Batavia police and "flicked a cigarette at another person." Mann was issued an appearance ticket and is due in Batavia City Hall on Nov. 10. The case was investigated by Sgt. Dan Coffey, assisted by Officer Samuel Freeman.

Katherine J. Briggs, 41, of South Main Street, Batavia, is charged with second-degree harassment. Briggs was arrested at 12:41 a.m. Sept. 13 after an incident at an apartment complex on South Main Street in Batavia. She allegedly threatened a resident with physical harm. She was released on her own recognizance and is due in Batavia City Court on Nov. 5. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Joshua Girvin.

Matthew M. Maniace, 38, of Fargo Road, East Bethany, is charged with second-degree harassment. On Sept. 11, Batavia Police Office Peter Post responded to UMMC where he was issued an appearance ticket to Maniace following an investigation of an incident at 4:14 a.m. on Sept. 9. City police responded to UMMC for a panic alarm and they allegedly found UMMC staff in a physical altercation with Maniace. Police allegedly determined Maniace punched two UMMC staff members. He is due in Batavia City Court on Dec. 1 to answer the charge. Post was assisted by Batavia Police Officer Arick Perkins.

Matthew M. Maniace, 38, of Fargo Road, East Bethany, is charged with second-degree harassment. He was arrested after an incident at 10:13 a.m. Sept. 10 at UMMC. He was issued an appearance ticket for Batavia City Court and is due there Nov. 10. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Kevin DeFelice.

Luis Javier Santiago-Arroyo, 32, of Buell Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 5:18 p.m. on Sept. 10 for allegedly violating an order of protection by standing in front of the residence of the protected party at 12:46 p.m. Sept. 2. He was arraigned in Batavia City Court via Skype and put in jail on $2,000 cash bail, $4,000 bond, or $8,000 partially secured bond with 10-percent down. Santiago-Arroyo is due to return to city court Sept. 22. The case was handled by Batavia Police officers Stephen Cronmiller and Wesley Rissinger, assisted by Officer Adam Tucker.

Trevor Scott Rarick, 25, of West Main Street, Batavia, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; and refusal to take a breath test. Rarick was arrested after a complaint that he was passed out behind the wheel of his car while in the McDonald's restaurant drive-thru on East Main Street in Batavia at 2:36 a.m. on Sept. 13. Rarick was processed at Batavia Police Headquarters, and released on appearance tickets returnable to Batavia City Court on Dec. 13. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jordan McGinnis, Officer Alex Roberts and Sgt. Eric Bolles.

Joseph G. Sumeriski, 28, of South Main Street, Batavia, is charged with bail jumping. He was arrested at 12:50 a.m. Sept. 13 on a Batavia City Court bench warrant following a traffic stop on West Main Street in Batavia. He was released on an appearance ticket and is due to return to city court at a later date (unspecified). The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Wesley Rissinger.

Dave Twichell carries a sign that reads "Babies Lives Matter" in front of the Planned Parenthood location on West Main Street in Batavia.

Twichell said he has been making frequent protest trips to the location by himself for years.

"I'm out here as much as I can be," Twichell said. "Somebody's got to stick up for those who can't speak for themselves." 

Jennifer D. Abrams, 29, of Locust Street, Rochester, and Tarus O. Fluitt, 47, of Rochester (address not provided), are both charged with: third-degree burglary, a felony; second-degree criminal mischief, a felony; third-degree attempted burglary, a felony; third-degree criminal mischief, a felony; and two counts each of fifth-degree conspiracy, a misdemeanor. In addition, Fluitt only is also charged with criminal possession of a controlled substance in the seventh degree, a misdemeanor. At 2:12 a.m. on Sept. 16, two suspected allegedly attempted to gain entry to the Kwik Fill gas station at 7010 W. Main Street Road, Le Roy, by throwing large rocks through the glass front door. The suspects then fled the scene after not being able to make entry. At 2:27 p.m., the same two suspects allegedly made entry to the Crosby's gas station at 5267 Clinton Street Road, Batavia, by throwing a large paver stone through the front glass door. The suspects entered the store and were allegedly in the process of stealing about $3,500 worth of cigarettes, when a Genesee County Sheriff's Office patrol arrived to check on the business, and they confronted the two suspects inside the store. The suspects fled out an alternate entrance, and went into a wooded area behind the store. They were apprehended a short time later. It is alleged they caused more than $1,500 in damage while inside the store. They were arraigned in Genesee County Court and jailed in lieu of $10,000 cash bail or $20,000 bond. Fluitt remains in custody and is awaiting arraignment. The Sheriff's Office is continuing to investigate this incident as well as similar incidents that have occurred in recents weeks. The case was investigated by Deputy Nicholas Chamoun, Deputy David Moore, Deputy Ryan Young, Deputy Jordan Alejandro, Investigator Christopher Parker, and Chief Deputy Joseph Graff. They were assisted by members of the NYS Polive Department, Batavia Police Department, Le Roy Police Department, NYS Department of Environmental Conservation, and other members of the Genesee County Sheriff's Office.

Kyle Allen Hawley, 30, of Chili Riga Road, Churchville, is charged with: second-degree burglary; criminal mischief -- intentionally damaging property; and criminal tampering in the third degree. On Sept. 15, members of the Genesee County Probation Department took Hawley into custody on an active, outstanding bench warrant out of Genesee County Court. It stems from an incident reported at 9 p.m. April 20 on South Lake Avenue in Bergen. Hawley was arraigned in county court at 3:05 p.m. and put in jail without bail. Hawley also had an arrest warrant out of Bergen Town Court and he was arrested on that warrant and released on his own recognizance. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

For more information on these listings: please click the links below.
0 Byron Road - Stafford.
0 Prole Road Extension, Stafford.
5158 E. Main Street Road, Batavia-Town.

Press release:

Have you ever wondered how Genesee County came to be? What was the Holland Land Purchase? What is a Gibbet? How did Batavia get its name? If any of these questions peak your curiosity among many others, then volunteering at the Holland Land Office might be perfect for you.

The museum is reaching out to anyone with an interest in local history who would like to volunteer. Any amount of time that can be given is welcome, even an hour a week can make a great difference.

Volunteers can work in many different areas, and interests and strengths will be used to the most optimum affect. Areas of need include: cleaning, gift shop, docent/tour guide, documenting of artifacts, exhibits and displays, landscaping, etc.

Volunteer hours would be during the normal hours of operation of the museum are Tuesday through Saturday, 10 a.m. to 4 p.m. 

If you have an interest in volunteering with the Holland Land Office Museum, please contact Director Ryan Duffy at (585) 343-4727 or email: hollandlandoffice@gmail.com

Information can also be found at the museum’s website.

A motor vehicle accident is reported on Batavia Elba Townline Road at Pekin Road.

No serious injuries are reported but a third ambulance is requested to the scene. All remaining Mercy EMS ambulances are tied up so an ambulance from Byron is requested to the scene.

Town of Batavia fire responded to the call.

Robin Scott Brooks, 58, of Hutchins Place, Batavia is charged with first degree criminal nuisance. Brooks was arrested by the Genesee County Local Drug Task Force and the Batavia Police Department. It is alleged that at noon on June 30 on Hutchins Place that Brooks allowed people to sell narcotics out of his residence. In addition, Brooks allegedly received a benefit (money) from the people selling narcotics from his residence. He was issued a hand-written appearance ticket and is due in Batavia City Court on Tuesday, Sept. 15. The case was handled by Batavia Police Officer James DeFreze.

Janel B. Patterson, 41, of Valle Drive, Batavia, is charged with issuing a bad check -- with knowledge of insufficient funds. Batavia Police Officer Nicole McGinnis arrested Patterson on Sept. 8 on the charge, which stemmed from a fraud complaint on June 12, 2019, at Batavia Restaurant Supply Inc., 301 W. Main St., Batavia. After an investigation by Batavia Police Officer Stephen Quider allegedly found she issued a bad check, Patterson turned herself in on an arrest warrant and was arraigned in Batavia City Court. She is due back in court Oct. 27 to answer the charge.

Joseph W. Freeman, 36, of East Main Street, Batavia, is charged with two counts each of criminal possession of stolen property in the fifth degree and falsifying business records -- making a false entry. Freeman was arrested at 2 p.m. Sept. 10 after an investigation. It is alleged that he possessed property stolen from various stores on Veterans Memorial Drive in the Town of Batavia. Freeman was released with appearance tickets and is due in Batavia City Court Oct. 13. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Eric J. McGill, 37, of West Main Street, Batavia, is charged with criminal possession of a weapon in the third degree. McGill was arrested after an incident at 7:53 p.m. Sept. 2 on Hutchins Street, Batavia, wherein he allegedly possessed an illegal billy (club) -- an expandable baton. He was arraigned in Batavia City Court Sept. 3 and released under supervision of Genesee Justice. He was due back in city court Sept. 5. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Wesley Rissinger.

Brandon T. Tackett, of Batavia, was arrested at 7:17 p.m. Sept. 3 on Miles Road in Bentleyville, Ohio, and charged with possession of a controlled substance in the fifth degree. Tackett and four Ohio residents were located in a parking lot after a report of a suspicious vehicle that had pulled into a driveway. Tackett is accused of possessing crystal methamphetamine. Bentleyville police report also finding in the red 2002 Chevy Malibu sedan a small blue case containing drug paraphernalia -- including a butane torch and a smoking pipe with tube, scales, cash, and prepaid gift cards. Tackett was transported to Bedford Jail.

Mario Alberto Reyes, 48, of Groth Road, Holley, is charged with: two counts of driving while intoxicated; operating a motor vehicle without a license; and moving from lane unsafely. At 12:45 a.m. on Sept. 13 on Clinton Street Road in Stafford, Reyes was arrested after a traffic stop. He was released with appearance tickets and is due in Stafford Town Court on Oct. 6. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Austin Heberlein.

Ralph Andrew Burdick Sr., 63, of Kysorville-Byersville Road, Nunda, is charged with criminal possession of a controlled substance in the seventh degree. He was arrested at 5:09 p.m. Sept. 11 on Veterans Memorial Drive in Batavia for allegedly possessing a bottle of pills inside his vehicle without having a prescription for them. Burdick was issued an appearance ticket for Town of Batavia Court and is due there Oct. 22. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier, assisted by Sgt. Andrew Hale.

Quentin I. Bloom, 22, of North Spruce Street, Batavia, is charged with second-degree criminal contempt. Bloom was arrested Sept. 9 following an investigation into an incident that occurred at 3:34 a.m. on Aug. 23. He allegedly contacted a protected party who had an order of protection from him. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. The case was handled by Batavia Police Officer Stephen Cronmiller.

Hezekiah N. Burch, 18, of Oak Street, Batavia, is charged with second degree criminal contempt for allegedly disobeying a court order. On Sept. 7, Batavia Police Officer Peter Post arrested Burch after an investigation of an allegation that Burch had contact with a person on Hutchins Place, Batavia, who had an order of protection against him. Burch was issued an appearance ticket for Nov. 11 in Batavia City Court. Post was assisted by Sgt. Dan Coffey.

Christopher Allen Sewar, 33, of Hutchins Street, Batavia, is charged with two counts of disobeying a judge's court mandate. He was arrested at 9:18 a.m. on Sept. 7 after an investigation of a violation of a court order by allegedly initiating contact with a protected party on Maple Street in Batavia on Aug. 25 and with violating the order on Aug. 23 on South Spruce Street, Batavia. He was released on appearance tickets and is due in Batavia City Court Dec. 8. The cases were handled by Batavia Police Officer Miah Stevens.

Lisa M. Babcock, 33, of North Spruce Street, Batavia, is charged with second-degree criminal contempt. At about 8:30 p.m. on Sept. 9, Babcock was issued an appearance ticket for Batavia City Court, where she is due on Dec. 8. She was arrested after she allegedly failed to appear in court Aug. 18 after being served with a subpoena. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

With new social distancing protocols in place, the Batavia City School District opened all four of its campuses today for the 2020-21 academic year.