batavia

There's a disabled truck on Route 98, just south of the city line, that is blocking traffic.

Law enforcement dispatched.

Robert E. Merritt, 62, of East Main Street, Batavia, is charged with: two counts of criminal possession of a controlled substance, 7th; possession of a hypodermic instrument; and controlled substance not in original container. Merritt was arrested following a complaint at 6:23 a.m. of an incident on Hutchins Place. He was jailed on $1,000 bail or $2,000 bond. 

A 17-year-old resident of Holland Avenue, Batavia, is charged with petit larceny and burglary, 3rd. The youth is accused of entering Speedway after being previously barred from the store and stealing merchandise.

Kelli E. Wallace, 54, of Swan Street, Batavia, is charged with petit larceny. Wallace was arrested on a warrant stemming from an alleged theft at Kwik Fill on Ellicott and Jackson streets.

Nikayla C. Jackson, 19, no permanent address, was arrested on a warrant for alleged failure to appear in City Court. She was jailed on $5,000 bail or $10,000 bond.

Eric J. McGill, 33, of Porter Avenue, Batavia, is charged with harassment, 2nd. McGill is accused of threatening a neighbor. 

Gregory A. Burgess, 24, of Bowen Road, Attica, is charged with harassment, 2nd. Burgess is accused of grabbing another person during an argument.

Alex Isaac, 27, of East 83rd Street, Brooklyn, is charged with criminal contempt, 2nd. Isaac allegedly sent text messages to a protected party in violation of a court order.

Amar S.M. Zainelabdin, 29, of Affinity Lane, Buffalo, is charged with unlawful possession of marijuana, no headlights and suspended registration. Zainelabdin was stopped on Ellicott Street at 9:02 p.m. Friday by Officer Arick Perkins.

Sean M. Madigan, 31, of Collegeview Drive, Batavia, was arrested on a warrant for alleged failure to appear. Madigan was arrested following an anonymous tip on his location. He was jailed on $500 bail.

Tammy Marie O'Shea, 45, of Main Road, Stafford, is charged with criminal trespass, 3rd. O'Shea is accused of trespassing at an apartment complex on Main Road, Stafford, at 2 p.m. on Jan. 22.

Shana Lee Sullivan, 25, of Griswold Road, Stafford, is charged with unlawful possession of marijuana. Sullivan was charged following a traffic stop at 9:48 p.m. Tuesday on Griswold Road, Stafford, by Deputy Brian Thompson.

If necessary, District Attorney Lawrence Friedman will seek new grand jury indictments against a former Batavia resident who had his Genesee County convictions on sexual molestation charges thrown out by an appeals court.

In July 2014, after a jury trial, Sean A. Vickers, 47, was convicted of two counts of sodomy in the first degree, two counts of criminal sexual act in the first degree and sexual abuse in the first degree.

The appellate division of the Fourth Judicial Department threw out the first four convictions but left the 10th count of the amended indictment stand and ruled that the seven-year sentence imposed on that count was not unduly harsh.

The court ruled that because Vickers was originally indicted on counts of course of sexual conduct against a child and sexual predatory assault, those were the charges he should have been tried on, even though he consented to the amended indictment.

The court ruled a defendant cannot waive his right to be tried on the original indictment, citing prior case law.

The defendant has a "fundamental and nonwaivable right to be tried only on the crimes charged," the court said, citing the prior case, People v. Graves.  

"An indictment may not be amended in any respect which changes the theory or theories of the prosecution as reflected in the evidence before the grand jury which filed it," the court said.

Then County Court Judge Robert Noonan sentenced Victors more than 100 years in state prison, a sentence that was later reduced by statute to 50 years.

The sentence was to be served concurrently with the 20 years Vickers received in Niagara County, so even though these four convictions were thrown out, Vickers remains in state prison.

At his sentencing, Friedman said he couldn't recall a child molestation case that was more disturbing. 

"This case is the worst one I've ever had," Friedman said. "I've been in the criminal justice system for 40 years both as a prosecutor and a judge and I've never had anybody who has been prolific a predator as you have been Mr. Vickers."

Today, Friedman said he will seek permission to appeal this ruling, but if he can't, or the people don't prevail on appeal, he isn't done prosecuting Vickers.

"Ultimately, if needed, we will go before a grand jury with our four victims," Friedman said.

This Saturday, music lovers who love brass can get an earful at Batavia Downs as five brass bands will perform in the Paddock Room.

The bands are Mighty St. Joe's Alumni Drum & Bugle Corps, Niagara Memorial Militaires Alumni Drum Corps, St. Joe's of Batavia Brass Ensemble, Parkside Brass, and Darkside of Parkside.

Food and beverages available during the performances.

Tickets are $15, which includes lunch and $10 in free play at Batavia Downs.

The show starts at 1 p.m.

Photo, Frank Panepento with his horn, on the right, Frank Cecere, T.J. Noce, assistant group sales manager for Batavia Downs, Mary Bucceri, group sales manager, and Harold McJury.

The Kiwanis Club of Batavia hosts its annual spaghetti and meatball dinner from noon to 3 p.m., Sunday, at the YWCA, 301 North St., Batavia.

Tickets are $6 per person.

Photo: Kiwanis members Matt Landers, Jocelyn Sikorski, Peter Guppenberger and Anne Bezon.

The Great Easter Egg Hunt, sponsored by the Kiwanis Club of Batavia, starts exactly at 9 a.m., April 15.

Yesterday, students at St. Joe's stuffed about 4,000 eggs with treats for the Easter Bunny to hide that morning. The Easter Bunny then paid a visit to the school.

With only one dissenting vote, the Batavia City Council last night agreed to take up the issue at its next meeting of providing $4,000 to GO ART! to help fund the July 4 Picnic in the Park.

The GO ART! Board almost didn't approve hosting the annual event in Centennial Park because of financial concerns. 

There was a time when the city provided GO ART! with $5,000 in annual funding. That assistance has been cut back to $2,500. This year, the county cut its funding to the arts council by 10 percent. Local donations continue to be hard to generate.

"We have a small number of businesses that support everything in our community and we tap them a lot," GO ART! Director Jennifer Gray told the council last night during a short presentation about the need for the assistance.

GO ART! was all set to drop the event when Michelle Crier came forward and offered to chair the event committee in an effort to keep it going at least one more year.

Gray said Picnic in the Park has never been a moneymaker, but it's at least broken even some years.

It costs $12,000 to host.

Council members had some questions about where the money was going to come from, with Al McGinnis raising a question about funds being transferred from the former Vibrant Batavia account. He said he thought that account was rolled back into the general fund. 

City Manager Jason Molino said that money remained earmarked, with approval of the council, for neighborhood projects and Picnic in the Park fit that criteria.

Gray, Crier and council members all mentioned how the community has lost some significant events in recent years, such as Summer in the City, the St. Joe's Lawn Fete, the Elba Onion Festival, and the Stafford Carnival.

Councilman John Canale noted that without Summer in the City and the Lawn Fete to support, the city was saving some money on those events.

"If we can look at some savings where events have been canceled, we can also apply some of those dollars towards the arts council," Canale said.

The council will vote on a resolution to approve the funding at its next business meeting, April 10. Councilwoman Rose Mary Christian voted no on the motion to consider the resolution at the business meeting.

Canale said he was a supporter of the arts -- he's a musician himself -- but in looking out for his constituents, he had to ask why the arts council was running into difficulty funding Picnic in the Park this year.

Gray said it's always been a struggle. The event was saved last year by a donation from the Red Osier restaurant in Stafford. 

Councilwoman Patti Pacino said another way of looking at it is that Gray is bringing more fiscal discipline to the arts council.

"A lot of the difference is we now have Jennifer Gray running this and she’s a businesswoman and she’s saying, ‘wait a minute, we can’t go in the drain every single year over Picnic in the Park,' " Pacino said.

Crier said she stepped up and volunteered to chair the picnic committee because she thinks it's an important community event, especially in light of other traditional events coming to an end.

"My husband and I moved here in 2000 from Buffalo," she said. "We raised our child in this community and I can’t image raising them anywhere else. Being in Batavia with the activities and the sense of community, you don't find that anywhere, especially on the west side of Buffalo. It’s a safe and beautiful community and it’s because of these events, because that’s where we see our neighbors, see our community."

Also at Monday's meeting:

• Council considered an application from a group planning a rally at 8:15 a.m., April 8, on East Main Street, on the north side of the street near Clinton Street. The rally will protest Congressman Chris Collins. Councilman Bob Bialkowski raised concerns about whether the group would be trespassing on private property -- the Aldi's parking lot -- and City Manager Jason Molino said that was between the property owner and the rally organizers. He also said that technically, the organizers didn't need to apply for a permit. So long as the sidewalk or traffic isn't blocked, it's a permissible activity.  
• Three people spoke against a proposed 80-unit apartment complex proposed for East Main Street that DePaul Community Services would like to build. The apartments would target veterans and their families as residents. A zoning change would be required and the property would become nonprofit owned. Councilman Al McGinnis shared the speakers' concerns about the project and objected to his conception that DePaul was looking to profit off of veterans, and that as a veteran he believed veterans wanted to live in houses and be part of the community. Apartments, he said, change the nature of the community. "This is a city of families," McGinnis told WBTA after the meeting. "Families are close-knit. Families live in houses. They become neighborhoods. I honestly think that too many apartments make for too many transients."
• The City Council agreed to vote on a resolution at its business meeting to declare four submachine guns in the Police Department as surplus so they can be traded for rifles that Police Chief Shawn Heubusch said better meet the department's strategic needs.
• The council also agreed to vote on a resolution at its next meeting to authorize spending $5,000 on a property appraisal on the former Wiard Plow Factory site on Swan Street. A city-appointed committee had recommended the site last fall as the best location for a new police headquarters, but property owner Tom Mancuso initially said he had other plans for the property. Just before the end of the year, he agreed to discuss a sale of the property to the city. The first step is getting an appraisal to determine fair market value, Molino said. If the owner was willing to sell at that price, the city would then need to complete an environmental review and title search before entering into a cost-analysis phase. With those details completed, the council then could consider whether to move foward with the project and complete the land purchase.

An accident with injuries is reported in the area of 430 E. Main St., Batavia.

A person is reportedly in and out of consciousness.

Fluids have spilled.

City fire and Mercy EMS responding.

UPDATE 10:20 a.m.: Four vehicles involved. An eastbound SUV drifted out of its lane of travel toward the south sidewalk, sideswiped a parked car, clipping its left rearview mirror, then plowed into the back of a parked SUV, pushing that vehicle into a parked sedan ahead of it. The driver may have suffered a medical issue. He was transported to UMMC.

Batavia police are responding to the Holland Land Office Museum on Main Street for a reported burglary alarm sounding in the gift shop. It is located at 131 W. Main St.

UPDATED March 28: Ryan Duffy, director at the Holland Land Office Museum, says "this was a false alarm and that everything at the museum is safe and that nothing is wrong."

Christopher M. Oliveras, 25, of Lockport Road, Oakfield, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by drugs, unlawful possession of marijuana, failure to obey traffic control devices, and tinted windows. Oliveras was arrested in the City of Tonawanda by Tonawanda PD, at 1:30 a.m., Sunday. Earlier, he was stopped for allegedly driving the wrong way down a one-way street. At that time he was told to park the vehicle. Later in the evening, officers stopped the vehicle again and Oliveras was found to be the driver. Oliveras reportedly told officers, "I did park for a little while." He also reportedly said, "I was drinking Budweisers and smoking marijuana." A container of marijuana was allegedly found in the center console. He allegedly blew a BAC of .10. Bail was set at $250.

Rebecca Ann Edwards, 23, of Kibbe Avenue, Batavia, is charged with grand larceny, 3rd. Edwards is accused of stealing property with a value in excess of $3,000 from the 48 Deli Express in Batavia.

It’s been a long cold winter and now it’s time to “think spring.” And there’s no way better way to beat those long winter blues than by attending the second annual Genesee County Chamber of Commerce Home Show. The Home Show will be held at Falleti Ice Arena in Batavia Friday through Sunday, March 31st - April 2nd.

Here’s your chance to talk face to face with more than 60 area businesses attending this year’s Home Show for help with your home ideas and projects. And while you’re there, make sure you register for a chance to win a $500 gift certificate from the Home Show vendor business of your choice. The winner will be drawn at the conclusion of the Home Show and you do not need to be present to win.

The Genesee County Chamber of Commerce Home Show will be open Friday, March 31 from 5 p.m. to 9 p.m., Saturday, April 1 from 10 a.m. to 5 p.m. and Sunday, April 2 from 10 a.m. to 3 p.m. And if you’re hungry, the concessions are being run by Alex’s Place, so you know the food will be excellent!

Admission is only $3 per person and children 12 and under are free when accompanied by an adult. Parking is free at the Falleti Ice Arena. Coupons good for $1 off all admissions are available at the Genesee County Chamber of Commerce office, 210 E. Main St., Batavia, or at any of the participating businesses.

For a complete list of participating businesses go to www.geneseeny.com/homeshow. For more information, call the Chamber office at 343-7440.

Ground Force Fights hosted its second mixed martial arts tournament at Quality Inn & Suites on Saturday night.

Here are the results of the fights:

• Jeremy Stopa vs. Dave Scerbo -- submission grappling match -- draw at the end of 10-minute match
• Jim Perl defeated John Gearhart round one, submission due to strikes
• Nolan Brant defeated Mike Taylor, :57 round one, TKO/ref stoppage
• Eric Bonner defeated Shawn Henderson, round two, referee stoppage due to strikes
• Ben Horton defeated Jesse Neal, round two, TKO/ref stoppage
• DaJuan Robinson defeated Sequoyah Sethi, round one TKO
• Matt Norstrand defeated Pete Flanagan, ref stoppage -- guillotine choke
• Matvei Skvortsov defeated Corey Lauth, round one, ref stoppage -- guillotine choke
• Jillian Decoursey defeated Emme Weber by unanimous decision

Photos by Richie Casado.

Pete Flanagan, of Batavia, throws a punch during his match against Matt Norstrand.

Emme Weber vs. Jillian Decoursey.

Matt Norstrand, of Le Roy, won the title at 185 pounds.

A two-car accident with injuries is reported at 142 Oak St. One of the vehicles struck a house. City fire and Mercy medics are responding. A first responder on scene says an older male has a severe head laceration.

UPDATE 6:38 p.m.: A middle-aged male was driving a Chevy Trailblazer southbound on Oak Street and crossed the center line; he may have fallen asleep. The driver of a white sedan northbound on Oak Street was unable to avoid the collision and the sedan was struck; there was air-bag deployment. The Trailblazer narrowly missed a tree in the front yard where it ended up crashing into the concrete porch of a house; the house appears undamaged. The driver of the Trailblazer has a cut above his eye but is conscious and alert and being transported to a hospital. The driver of the white sedan declined medical attention.

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? 
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

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 question regarding Worker's Compensation Law or to contact Dolce Panepinto: click here.

Scout leaders and boys from Troop 6006 are promoting their Pasta Dinner fundraiser from 4 to 7 p.m. next Saturday, April 1^st, at the First United Methodist Church, 8221 Lewiston Road, Batavia.

Dinner includes spaghetti, meatballs, salad, Italian bread, dessert and beverages. 

Pre-sale tickets are available now until March 31^st and cost $10 for two tickets. To buy tickets, contact Tracy Grover 585-762-4613, Steve Ognibene 585-409-8358, Paul Marchese 585-300-7058, or they can be purchased at Marchese Computer Products, 220 Ellicott St., Batavia, during normal business hours.

They can also be purchased at the door: adults $7, children 10 and under $5.

All proceeds will go toward purchasing new camping gear and scout activities.

David Bruce Piechowicz, 41, of Lackawanna, is charged with two counts of second-degree assault and criminal possession of a weapon, third degree -- with a prior conviction. He was taken into custody March 23 by the U.S. Marshall's warrant task force on a Town of Alabama warrant on the charges, issued Feb. 12 following an unspecified incident on Shanks Road in Basom. The defendant was jailed on $50,000 cash or $100,000 bond. The case was handled by Genesee County Deputy Lonnie Nati.

David William Cook, 50, of Washington Avenue, Batavia, is charged with unsafe turn/failure to signal, aggravated DWI, and DWI. Cook was arrested at 7:04 p.m. on March 23 on Lincoln Avenue in Batavia following a traffic stop. He allegedly had a BAC of more than .18 percent at the time. He was issued appearance tickets for Batavia City Court on April 26. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Michael Lute.

John Moon, 25, of Batavia, was arrested at 10 p.m. on March 22 by State Troopers for DWI. They performed a traffic stop on West Main Street Road in the Town of Batavia and Moon allegedly failed field sobriety tests. His breath test allegedly resulted in a BAC of .17 percent. He was given appearance tickets for Town of Batavia Court in April.

Bettina Jacqueline Jacobs, 33, of West Main Street Road, Batavia, is charged with fourth-degree criminal sale of a controlled substance and first-degree promoting prison contraband. She was arrested for allegedly introducing Suboxone into the GC Jail after being taken into custody at court for an alleged violation of her previous release agreement. It is also alleged that during the subsequent transport to another jail, she gave some of that controlled substance to another inmate. Jacobs was arraigned in City of Batavia Court on March 22 and jailed in lieu of $10,000 cash or $20,000 bond. The case was handled by Genesee County Sheriff's Deputy Christopher Parker.

Dawn M. Morford, 56, of Jackson Street, Batavia, is charged with criminally using drug paraphernalia in the second degree, a Class A misdemeanor. And 41-year-old Gary Bradford, of Maple Street, Rochester, is charged with a violation -- unlawful possession of marijuana. Both were arrested March 21 following a traffic stop in the Town of Bergen by the GC Local Drug Enforcement Task Force. They were issued appearance tickets returnable to Bergen Town Court. Uniformed deputies from the Sheriff's Office along with K-9 "Destro" assisted with the investigation.

A 16-year-old who lives on Lewiston Road in Oakfield is charged with second-degree criminal contempt after allegedly being found in possession of a cell phone on March 10. The subject was ordered earlier this month to refrain from possessing a cell phone by Judge Adams in GC Family Court. The defendant is to appear in Oakfield Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Cory Mower.

At 9:15 p.m., Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck. The victim indicated the suspect, Reynauldo Diaz-Ruiz, had cut her with a knife and was still inside the apartment. Officers located the man and attempted to take him into custody, but he allegedly refused to comply and physically resisted arrest.

Officers were eventually able to subdue Diaz-Ruiz and take him into custody after deploying a Taser. Diaz-Ruiz was transported to the Batavia Police Department where he allegedly attempted to take the service weapon of the escorting officer, who was able to subdue Diaz-Ruiz until additional officers arrived. Diaz-Ruiz was then transported to UMMC for a medical evaluation and released a short while later to the custody of Batavia PD.

Through investigation it was learned Diaz-Ruiz is in the country illegally.

Diaz-Ruiz was arraigned in Batavia City Court with the assistance of a court-appointed interpreter on the following charges:

• First-degree assault (Class B felony);
• Third-degree attempted robbery (Class E felony);
• Second-degree attempted escape (Class E felony);
• Fourth-degree attempted grand larceny (misdemeanor);
• Attempted menacing a police officer (Class E felony);
• Attempted criminal possession of a firearm (misdemeanor);
• Second-degree menacing (misdemeanor);
• First-degree reckless endangerment (Class D felony);
• Second-degree reckless endangerment (misdemeanor);
• Fourth-degree criminal possession of a weapon (misdemeanor);
• Criminal mischief;
• Resisting arrest (misdemeanor);
• Obstruction of governmental administration (two counts).