batavia

Daniel J. Gilbert is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Gilbert knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Gilbert is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Gilbert or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marquis K. Saddler is accused of the crime of first-degree burglary, a Class B violent felony. It is alleged that on Oct. 28, Saddler knowingly entered or remained unlawfully in a dwelling -- an upper apartment on Central Avenue in Batavia -- with the intent to commit a crime therein and when entering or immediately fleeing from the dwelling, he or another participants in the alleged crime caused physical injury to a person who was not a participant in the crime. In count two, Saddler is accused of second-degree assault, a Class D violent felony. It is alleged in count two that Saddler or another participant, in the course of and in furtherance of the commission or attempted commission of a felony, caused physical injury to a person others than one of the alleged participants.

Marlek E. Holmes is accused of the crime of criminal contempt in the second degree, a Class A misdemeanor. It is alleged that on June 23 at the Genesee County Courts Facility Holmes intentionally disobeyed or resisted the lawful process or other mandate of a court by violating an order of protection issued by Batavia City Court on Dec. 2, 2015. Holmes allegedly violated the portion of the order which directed him to refrain from communication or any other contact ny mail, telephone, email, voice-mail or other electronic, or any other, means with the protected person. In addition, he is alleged to have violated that portion of the order of protection which directed him to refrain from harassment or any other criminal offense against the protected party.

Tammy L. Strassner-Noble is accused of the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on June 18 in the Town of Le Roy, that Strassner-Noble operated a 2012 Cadillac on Main Street while knowing, or having reason to know, that her driver's license in New York was suspended, revoked or otherwise withdrawn. It is further alleged that the defendant was operating the vehicle while under the influence of alcohol or a drug. In count two, Strassner-Noble is accused of the crime of first-degree aggravated unlicensed operation on Main Street in the Town of Le Roy on April 6 and of operating the vehicle while under the influence of alcohol or a drug. In count three, she is accused of driving while intoxicated, as a misdemeanor, on June 18 on Main Street in Le Roy.

Brittani Louise Diaz, 18, of East Shelby Road, Oakfield, is charged with grand larceny, 4th. Diaz is accused of stealing from her employer, Walmart. Diaz, with the assistance of another employee, allegedly stole $1,500 from the store while employed as a cashier. 

Dylan James Maychoss, 20, of Snipery Road, Corfu, is charged with unlawful possession of marijuana and inadequate exhaust. Maychoss was stopped at 2:43 a.m. on East Main Street, Corfu, by Deputy Eric Meyer.

Christopher R. Stowell, no age or residence provided, is charged with driving while ability impaired by alcohol, unsafe lane change, unreasonable speed, operating in violation of restrictions and aggravated unlicensed operation, 1st. Stowell was charged in connection with an accident Sept. 6 in Pavilion. Stowell reportedly lost control of his motorcycle. He and a passenger were hospitalized for several days as a result.

Bradley Scott Baldwin, 20, of Peacefield Road, Pine City, is charged with unlawful possession of marijuana. Baldwin's vehicle was stopped for an alleged traffic violation at 2:37 a.m. Thursday on Bank Street, Batavia, by Deputy Andrew Hale.

Clint Jacob Reed, 19, Peart Avenue, Rochester, is charged with operating a motor vehicle while impaired by drugs and inadequate headlamps. Reed was stopped at 9:55 p.m. Tuesday on East Saile Drive, Batavia, by Deputy Ryan DeLong.

The Salvation Army Toy Drive is underway today at Ken Barrett Chevrolet on West Main Street, Batavia.

The event is hosted by Ken Barrett and WBTA and sponsored by several local businesses.

Top photo: Lt. Rachel Moore, Colton Moore, Joan Stevens and firefighters Jerry Yoder and Adam Palumbo.

Pete Zeliff dropped off a barrel of toys.

Ken Barrett and Dan Fischer.

The Batavia Society of Artists opened its winter show last night at the Richmond Memorial Library.  

Brian Kemp, above, received the Best of Show award.  

In the photo below, Kevin Feary, of Batavia, explains the technique behind his second-place photo.

H.E. Turner Funeral Homes held its annual Service of Remembrance last night at Grace Baptist Church in Batavia. The candlelight service is a chance for members of the community to come together and reflect on loved ones who have passed in the previous year.

Batavia chiropractor Tom Mazurkiewicz is collecting toys tomorrow for the Don Carroll Toys for Kids benefit, which will provide toys and goods to more than 60 local families this year.

From 8 to 11 a.m., residents are invited to drop off new, unwrapped toys, appropriate for children age 2 to 15, at his office. Donors will be eligible for a free chiropractic treatment that morning.

His office is located at 184 Washinton Ave., Batavia.

Mazurkiewicz, along with Brian and Beth Kemp, and Grace Baptist Church have continued the toy drive in honor of its founder, Don Carroll, who died in 2013.

Mazurkiewicz is pictured with his little helper, Gavin.

At Tuesday's meeting, the City Schools Board of Trustees, represented its president Patrick Burk, presented a series of awards.

Above, the girls swim team is recognized for the kindness they showed to a competing team near the end of the season. 

From the presentation:

A cancelled Senior Night Meet at Wilson Magnet was made up at our home pool recently. Our girls, in an act of generosity, included their four seniors from Wilson Magnet within OUR senior night ceremony with gifts of flowers, candy, individualized recognition and a custom towel.  The honor was unexpected by their families, but greatly appreciated.

The football team, which won a third-straight Section V title, was also honored.

Jessica Franks and Christopher Bateman – Outstanding Staff awards.

Recently, Jessica and Christopher both stepped up to help a group of students.  They helped to come up with a logical solution to a problem and volunteered their time to see it through during the school day.  Because of their thoughtfulness and student-first thinking, students in 8th grade Algebra were able to stay current and receive quality instruction during their teacher's absence.  We would like to thank Jessica and Christopher for all their hard work and dedication to the students at BMS.

Two teachers were also honored but were not present at Tuesday's meeting:

Tammy Wiedrich – Outstanding Staff Award

Tammy Wiedrich has worked tirelessly to improve the culture at BMS. She has taken a leadership role in our P.B.I.S. system by creating valuable lessons for our students during HERO meetings. Tammy has also taken the lead to coordinate the staff donated basket raffle for the Family and Community Night, which was a huge success. Currently, she is organizing a holiday gathering for the BMS staff. We would like to thank Tammy for all her hard work and dedication to our BMS family.

Kerry McBride – Outstanding Staff Award

Kerry McBride has worked very hard to promote a culture of gratitude with our staff and students. She is an integral part of our P.B.I.S. program. She helps to organize two of our PBIS events -- "Warm The Night” and our "Giving Back" field trip in December where students make gifts during the HERO meetings for our community. Recently, she placed messages and pictures on everyone's door to make them feel appreciated. Kerry works very hard to make sure that all staff and students feel appreciated. We would like to thank Kerry for her hard work and dedication to our P.B.I.S. initiative.

Photos by Howard Owens.

Batavia's Maggie Cecere has been named to the First Team, All-State Class A girls soccer team for 2016.

Of the 11 girls named to the team, only two were from Section V.

Cecere has committed to Kutztown University where she will be a pre-med major and play for the Golden Bears, a team coming off its most successful season in program history, making it to the final four of the Division II NCAA playoffs. The team will be ranked #4 to start the 2017 season.

Her sister, Samantha, just completed her first college season as goalie for Wilkes University. She is a pre-pharmacy major.

Photo courtesy of Steve Ognibene.

Jacquetta Simmons made it to court today, and despite a recommendation from her new attorney that she be sent to anger management classes, she was sentenced to 15 days in jail on her misdemeanor harassment conviction.

Previously, Simmons admitted to having physical contact with a 55-year-old woman at a church event in 2014.

City Court Judge Durin Rogers said he didn't think SImmons was a good candidate for counseling given her criminal history and lack of remorse.

According to a pre-sentence report, as discussed in court, Simmons blamed the victim for the altercation in 2014.

A week ago, Simmons failed to appear for her sentencing and her attorney at the time, Ann Nichols, asked to be removed from the case.

Public Defender Jerry Ader represented Simmons in court today.

Simmons made national headlines in 2011 when on Christmas Eve, while shopping at Walmart, she delivered "a roundhouse punch" to an older woman who was working as a cashier that day. The victim had asked to see a receipt from Simmons for prior purchases that Simmons brought with her when she came through a checkout line for a second time. 

The case went to trial and Simmons was convicted by a jury of a felony assault charge. She was sentenced to five years in prison, but an appellate court overruled the sentence and the sentence was reduced to a year in jail.

(Via our news partner, WBTA.)

A 31-year-old Batavia resident with multiple prior arrests will be evaluated for his mental capability to understand the charges against him before he's allowed to plead guilty to felonies stemming from an incident in October.

Interim Genesee County Court Judge Micheal Pietruszka wasn't satisfied with the explanation of attorney Lisa Kroemer, of the Public Defender's office, that Matthew D. Derrick could competently understand the legal proceedings today, even though Kroemer needed to rephrase what Pietruszka was telling the defendant.

The problem started as soon as Pietruszka asked Derrick if he was ready to plead guilty to the document in front of him, called a Superior Court Information (or SCI).

Kroemer turned to Derrick, pointed to the document and told Derrick, "this is what we discussed earlier."

Pietruszka stopped the proceedings immediately and wanted to know what was going on.

Kroemer tried to explain how she was helping her client and Pietruszka wondered why there was a problem. Kroemer tried to explain there was a language barrier and Pietruszka wanted to know if Derrick spoke English. He does, and Kroemer tried to explain that he needed help understanding what he was being told, so Pietruszka wondered if a there should be a forensic evaluation. 

When it looked like Pietruszka wasn't going to continue with the proceeding, District Attorney Lawrence Friedman asked if the attorneys could approach the bench.

The attorneys and judge then held a conversation audible in the courtroom about Derrick's ability to understand the legal process. 

Kroemer told Pietruszka that her client couldn't process the judge's spoken words quickly and that he needed to be shown the documents in front of him to make the connection between what Pietruszka was asking and what she had explained to him just an hour before his appearance in court.

She tried to explain that Derrick did understand the legal system and could process the information, he just needed help with the language of the system.

"You're the judge and if you don't feel comfortable with that, well, we've got to find a different way," Kroemer said.

"The questions are as simple as I can get them," Pietruszka said.

The Batavian reported on arrests of Derrick in 2010, 2013 and 2015. Kroemer told Pietruszka she has represented him previously and that he could understand what was going on in court.

She told Pietruszka, "he understands the legal process," and Pietruszka replied, "I'm not seeing that."

The attorneys returned to their tables and Pietruszka again asked Derrick if he understood the SCI (a SCI is much like a grand jury indictment, but is used when a defendant has waived a grand jury hearing and agreed to plead guilty as part of a plea agreement).

Derrick nodded his head yes and Pietruszka told him he needed to provide an audible answer. Derrick didn't move.

Kroemer asked him if he needed Pietruszka to repeat the question and Derrick said, "No, your honor."

At that point, Pietruszka ordered Derrick to undergo a forensic evaluation to determine his competency to understand the proceedings.

Derrick was arrested in October on charges of third-degree criminal possession of a weapon, first-degree menacing,endangering the welfare of a child, and second-degree harassment. 

On Oct. 8 at 10:30 a.m., Batavia Police responded to 335 Bank St. for the report of a male with a knife threatening to harm other people. Upon arrival, Derrick was taken into custody. Further investigation revealed that Derrick allegedly possessed a corkscrew and threatened a 14-year-old male with the corkscrew. 

The College and Career Center at Batavia HS, now led by Anita Strollo, has launched a new program called, "Lunch with the Pros," where students can sit down with local professionals and business leaders to learn about what it takes to pursue and succeed in various career fields.

Today, a group of students talked about law enforcement with Officers Matthew Wojtaszczyk and Marc Lawrence to learn about becoming a police officer.

Coincidently, Batavia PD is about to launch a new Explorer program and will host a meeting for potential Explorer Post members at 7 p.m., Jan. 10 and BPD headquarters, 10 West Main Street.  High school interested in joining the program are welcome to attend. RSVP to either officer at mlawrence@batavianewyork.com or mwojtaszczyk@batavianework.com.

In an ambitious plan to improve facilities at the district's four schools and build a new stadium and field at Union and Richmond avenues, Superintendent Chris Dailey told the City Schools Board of Trustees on Tuesday night that the $23 million to $27 million project won't increase property taxes at all.

When a board member said, "0.0," Daily emphasized, "$0.00."

Voters will still need to approve the capital improvement project March 2. There will be public forums prior to the vote, assuming trustees approve a resolution at their Jan. 10 meeting to move forward.

At Tuesday's meetings, trustees gave every indication they like the plan.

While every school in the district will get upgrades as part of the plan, the plan's signature expenditure might be the reconstruction of Van Detta Stadium and replacing the grass of the current field with artificial turf and surrounding it with a new, larger synthetic track surface.

The location of the field would also shift diagonally on the athletic facility's current parcel and move more to the east of the parcel. This would create additional parking to the west side.

There could even be more parking near the stadium if the district is able to move the playground at the former Robert Morris School, which is currently adjacent Richmond, and put parking in that spot. The playground would be closer to the back of the current school building and would still be available to neighborhood residents.

The new stadium would have home and visitor locker rooms with tunnels leading out to the field at the 50-yard line and a new press box over the stands, as well as all new lighting.  

"We were given Woodward Field, and we built Van Detta in 1947," Daily said. "We have not done significant renovation since. Most battleships that were built in '47 are retired or are currently museums. Ours holds 2,500 screaming fans on a Friday night.

“Pretty soon it’s going to get to the point where we’re going to have to do it one way or another," Dailey added. "We can do it now with a zero tax impact and it will be called Van Detta Stadium and Woodward Field, still. It will provide a community asset."

The new facility will be able to host a larger variety of events more frequently because officials will no longer need to worry about damage to the grass field. This means not only the district's soccer and lacrosse teams will be able to compete and practice on the field, but it will be available to youth football and soccer as well as adult leagues, such as the local rugby league.

It will be able to host large regional track meets and Section V and Section VI competitions, Dailey noted, and this will benefit local restaurants and hotels and help generate revenue for the district and the community.

The project can go forward without a tax increase because the district believes both that it has enough in reserves and that much of the project can be funded through state aid. Whether the price tag is $23 million or up to $27 million will depend on how much aid the district receives. If there isn't as much aid as hoped, the project can be scaled back or more reserves can be put into the pot.

There was no discussion Tuesday as to whether any kind of bond would be required to bridge any expenditure.

For the schools, improvements include:

• High school: Upgrades to the auditorium, new public restrooms and an upgrade to the fire alarm system; 
• Middle school: New attendance entrance, improvements to indoor air quality, upgrades and improvements to the gym and auditorium;
• John Kennedy: An addition with five more classrooms, reconfiguration of classrooms and upgrades to the gymnasium;
• Jackson School: Classroom upgrades, expanded restrooms and new public restrooms, new lights throughout the building and window replacements.

If approved by voters March 2, it would be at least six months before state funding could be approved, then design work could start. Construction would likely begin in the summer of 2018, with much of the construction finishing up by the fall of 2019 into early 2020.

It was story time with Santa at the Richmond Memorial Library last night.

Photo courtesy Adam Tabelski.

Press release:

The City of Batavia Police Department is asking for help in locating a person of interest in the shooting that occurred on 12/02/2016 in front of 107 Jackson St. The Batavia Police Department is attempting to locate Jeremy Armstrong (A.K.A. "Boog") for questioning in this case. Jeremy is described as a light-skinned male black about 5’10”- 6’ with a thin build. He has a deformity to his right ear and also to one of his hands.

If seen, do not confront. Call 9-1-1 immediately. You may also contact the Batavia Police confidential tip line at 345-6370, or Det. Sgt. Crossett at 345-6353.

Press release:

Batavia cheerleading will be hosting its annual youth cheerleading camp Friday, Dec. 16, from 4 to 6:30 p.m. and Saturday, Dec. 17, from 1:30 to 4 p.m. at the Batavia Middle School gymnasium.

The cost is $25 and each participant will learn cheers, a dance, jumps and stunts. Each cheerleader will also receive a camp T-shirt. All participants are invited to perform at the Christmas tournament held at Genesee Community College on Tuesday, Dec. 27, for the halftime show. 

Registrations will be taken at the door, but it is best to send registrations in ahead of time. Please submit name, age, T-shirt size, emergency contact name and phone number and email address. Please send cash or check (payable to Batavia Cheerleading Boosters) to Batavia City Schools Attention: Cheerleading 260 State St., Batavia, NY 14020

Please email Bataviacheerleading@gmail.com for any additional questions.

Visit our page on Facebook: Batavia Cheerleading

Stacey Dawn Mancuso, 46, of Jamison Road, Elma, is charged with two counts of felony DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, 1st, aggravated unlicensed operation, 3rd, and no right and no left turn signal. Mancuso was stopped at 2:22 p.m. Sunday on Pratt Road, Batavia, by Deputy Richard Schildwaster. A passenger in the vehicle was reportedly 5 years old, leading to a charge under Leandra's Law. She also allegedly had a prior DWI conviction within the past 10 years. She was jailed on $10,000 bail.

Daniel John Moore, 36, of Asbury Road, Pavilion, is charged with harassment, 2nd, and criminal mischief, 4th. Moore was arrested after deputies responded to a report of a domestic incident in Pavilion at 8:10 a.m., Nov. 30. Moore allegedly had physical contact during the argument with a person who had called 9-1-1 and Moore allegedly terminated the 9-1-1 call. He reportedly left the scene before deputies arrived and was later located that night and arrested.

Dylan Michael Cobernus, 20, of Maxon Street, Brockport, is charged with unlawful possession of marijuana and speeding. Cobernus was stopped at 10:37 p.m. Wednesday on Route 98, Elba, by Deputy Ryan DeLong.

Devan Dashaun Hazel, 22, of Lewis Place, Batavia, is charged with trespassing. Hazel is accused of trespassing on College Village property at 5:43 a.m. Sunday.

A 17-year-old resident of Harris Road, Le Roy, is charged with criminally using drug paraphernalia, 2nd, criminal impersonation, 2nd, criminal possession of a controlled substance, 7th, criminal possession of a hypodermic instrument and unlawful possession of marijuana. The youth was arrested following an investigation by Deputy Micheal Lute into an incident reported at 11:30 p.m. Dec. 5 on Route 77 in Pembroke. The youth was jailed on $2,500 bail or $5,000 bond.

Taheed Mical Moffett, 31, of Arnet Boulevard, Rochester, is charged with criminal possession of a controlled substance, criminal use of drug paraphernalia and unlawful possession of marijuana. Moffett was arrested after deputies were dispatched at 12:11 a.m. to the Econo Lodge on Route 77, Pembroke, to check the welfare of an individual.