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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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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.

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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.

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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.

 

Liberty Street standoff ends; suspect being transported by ambulance

By Mike Pettinella

PHOTO (9:32 a.m.): Det. Kevin Czora worked into the evening to establish a relationship with the man who had barricaded himself in an apartment on Liberty Street and came back this morning and resumed the conversation. He spent at least 90 minutes talking to the man before the subject slowly came out and Czora then coaxed him around the corner of the house and then walked him down the street, with the assistance of only one other officer, and into a waiting ambulance. The man was clearly fearful of both the other people around and the environment (he looked up at the sky and all around him at least once).

UPDATE 9:21 a.m. (By Billie): City fire units on Liberty Street are clearing the scene; back in service.

BREAKING -- 8:50 a.m., Nov. 19

Howard Owens has just reported that the suspect is out of the house and is being placed into an ambulance by law enforcement and EMT personnel.

Also, Jackson Primary School is in session; school official reports "business as usual."

Prior to the end of the standoff, the school district sent a telephone message to parents informing them of the situation, noting that bus service would be at St. Anthony's for those living on Liberty Street.

Watch for more updates and photos. The Batavian will have exclusive video of the subject being coaxed by Det. Kevin Czora from the house and walked to an ambulance.

----------------

Previously:

Nov. 18, 4:18 p.m.

Batavia City Police Chief Shawn Heubusch reported that the man barricaded inside of a house at 209 Liberty St. has fired several shots at police with a pellet gun and is refusing to come out peacefully.

"Our patrols responded to an address (about two hours ago) on Liberty Street for a domestic disturbance situation," Heubusch said. "Upon arrival, there's this male subject in the upstairs apartment that has barricaded himself in and is refusing to come out. He has a pellet rifle or pellet gun that he is shooting at us, if you will.

"Right now we're working through the process of trying to get him to come out and talk to us."

Heubusch said that the victim of the alleged dispute (the man's girlfriend) is no longer inside the house and the downstairs neighbor also has been evacuated.

He added that police are "working with the (Batavia City) school district, busing the children from Jackson (School) and making sure the kids stay safe and there's no traffic in the area."

"We're keeping the kids away from the area and keeping the neighbors indoors at this point until we can get the subject in custody."

According to David Zanghi, the downstairs tenant, the incident started when the upstairs tenant (name being withheld at this time) punched his girlfriend in the right eye and took some of her prescription drugs. Zanghi said the suspect also is in an intoxicated state.

"He's got a sword and a BB gun, and he's already shot out a couple windows," Zanghi said. "They (police) won't go in there until they get a warrant; that's what the police told me."

Previously (3:12 p.m.) (by Billie):

A man who was reported to dispatch for allegedly carrying a sword while walking down Liberty Street in the City of Batavia is barricaded in one of three houses cordoned off by police.

The incident began about an hour ago and police immediately established a perimeter around the Liberty Street trio of homes.

Jackson Primary School at 411 S. Jackson St. was put on lockout -- meaning no one is allowed to enter or exit until the scene is secure.

UPDATE 3:26 p.m.: The students have been dismissed and have boarded buses.

UPDATE 9:30 p.m. (by Howard): The standoff continues. Chief Shawn Heubusch said a little while ago that law enforcement is prepared at this point to wait as long as they must for the man in the house to exit on his own safely. The Orleans County SWAT team responded to the incident about 7:30 p.m. and at about 8 p.m., once in position around the house, fired a volley of CS gas canisters into the house. The suspect did not exit the house and there was no communication between law enforcement and the subject for at least 45 minutes, at which point negotiations began again. Heubusch said he's reluctant to send in officers to try and apprehend the suspect because that could lead to serious consequences for either the suspect or an officer and the goal is to ensure there are no serious injuries or fatalities. Trying to make entry could force a confrontation that would require an officer to take decisive action. (We'll post a video and photos later.)

UPDATE 10:53 p.m. (by Howard): Heubusch just confirmed that about three hours ago the suspect tried to stab "Frankie," the K-9 of Deputy Chris Erion. The attempt was unsuccessful. Frankie was not injured.

UPDATE 6:09 a.m. Nov. 19 (by Howard): The individual is still barricaded in the apartment. Law enforcement is still waiting him out. The Monroe County Sheriff's Office has provided additional manpower to provide relief for officers who had been on scene for hours. The contingent from MCSO includes a negotiator who has been trying to talk with the subject. From about 2:20 a.m. to 3 a.m., he did not respond to repeated requests to speak and shortly after 3 a.m. he responded to the officer. The Batavian is continuing to withhold publication of photos and video until the situation is resolved.

Man reportedly carrying sword barricaded in house on Liberty Street surrounded by police

By Billie Owens

A man who was reported to dispatch for allegedly carrying a sword while walking down Liberty Street in the City of Batavia is barricaded in one of three houses cordoned off by police.

The incident began about an hour ago and police immediately established a parameter around the Liberty Street trio of homes.

Jackson Primary School at 411 S. Jackson St. was put on lockout -- meaning no one is allowed to enter or exit until the scene is secure.

UPDATE 3:26 p.m.: The students have been dismissed and have boarded buses.

Law and Order: Bergen man accused of tampering with electric meter after power was shut off

By Billie Owens

Stephen Anthony Marazita, 37, of North Lake Avenue, Bergen, is charged with criminal tampering in the second degree. Marazita was arrested at 8:49 p.m. on Nov. 14. It is alleged that he tampered with his electric meter to turn power back on at his residence after it was shut off. He was arraigned in Bergen Town Court and released on an appearance ticket. He is due to return to court on Nov. 20. The case was handled by Genesee County Sheriff's Deputy David Moore.

Phillip Sanders Brunson, 32, of an unspecified address in Gowanda, is charged with two counts of second-degree harassment. Brunson was arrested on  Nov. 14 in regard to an incident that occurred on Nov. 24, 2016. He allegedly slapped and spit in a female's face and shoved another female during a domestic incident on Maple Street in the City of Batavia. He was arraigned in Batavia City Court. (His disposition afterward was not provided.) The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

A 17-year-old female who lives in Batavia was arrested on Nov. 7 after an incident that occurred the day before outside a residence on Hutchins Place in Batavia. The girl allegedly threatened to harm people while holding a baseball bat. She was issued an appearance ticket and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Jason Davis.

Kaleb James Bobzien, 21, of Dellinger Avenue, Batavia, is charged with second-degree criminal contempt. Following an investigation of phone calls made from recorded jail phones, Bobzien was arrested on Nov. 18. It is alleged that he violated a stay away order of protection issued by Batavia City Court. He is due back in court on Nov. 26. The case was handled by Batavia Police Officer James Stack, assisted by Officer Dennis Bartholomew.

Jahmaal Lee Barnes, 19, of Batavia Stafford Townline Road, Batavia, is charged with third-degree burglary and fourth-degree grand larceny. Barnes was arrested at about 8 p.m. on Nov. 16 and arraigned in Batavia Town Court. It is alleged that at 11 a.m. on Nov. 14 that Barnes entered an apartment on Batavia Stafford Townline Road and stole the resident's debit card. Barnes was released under supervision of Genesee Justice and is due back in Batavia Town Court on Dec. 16. The case was investigated by Genesee County Sheriff's Deputy Nicholas Chamoun.

Crash reported in front of Southside Deli in the city

By Billie Owens

A two-car collision with injuries is reported at 300 Ellicott St. in the city, in front of Southside Deli. City fire, police and Mercy medics responding.

UPDATE 11:55 a.m.: A second ambulance is called to the scene.

UPDATE 12:21 p.m.: A man and his children in a minivan were rear-ended by a car after the minivan stopped at a the red light at Liberty and Ellicott streets. None of the minivan's occupants were injured. The driver of a car was a female who was transported to UMMC with complaints of left arm and chest pain. A first responder said the car was going about 30 mph at the time of impact and there was no air-bag deployment.

STOP-DWI 2019 Poster Contest winners and Top Cops announced

By Billie Owens

Poster above created by Grand Prize winner Zoey Shepard, a ninth-grader at Byron-Bergen Central School.

The Genesee County STOP-DWI Advisory Board announces the students and law enforcement officers who will be honored Thursday, Nov. 21 at its annual awards luncheon.

In September, the board invited local sixth- through 12th-grade students to submit a poster design that reflects the dangers of drinking and driving. The designs were to focus on the affects drinking and driving have on an individual, their family and the community.

The theme for the 2019 contest was: "Drinking and Driving is a gamble that you just can’t win.”

The sixth- through eighth-grade winners are:

  • First Place -- Ciara Trigilio, seventh grade, Byron-Bergen Central School
  • Second Place -- Jackson Lundfelt, seventh grade, Byron-Bergen Central School
  • Third Place -- Oscar Staba, eighth grade, Alexander Central School

​The ninth- through 12th-grade winners are:

  • First Place (tie) -- Brooke Jarkiewicz & Grace Shepard, 10th-graders at Byron-Bergen Central School
  • Second Place -- Taylor Hutton, 10th grade, Le Roy Jr./Sr. High School
  • Third Place -- Shannon Campbell, 10th grade, Pavilion Central School

The computer-generated art winner is Jade Wolff, seventh grade, Byron-Bergen Central School.

The Grand Prize winner is Zoey Shepard, ninth grade, Byron-Bergen Central School.

The Top Cop award will be given to Batavia Police Officer Mitchell Cowen and Genesee County Sheriff's Deputy Mathew Clor.

The luncheon will be held at Terry Hills Restaurant & Banquet Facility in Batavia.

Below is how the billboard incorporating Zoey's poster will appear:

Video: Arc of Genesee Orleans opens Go To Hub

By Howard B. Owens
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