batavia

Charles Paul Mitchell, 34, of Sanders Road, Stafford, is charged with harassment, 2nd. Mitchell is accused of causing unwanted physical contact with another person during an argument.

Maya Simone Washington, 40, of East Main Street, Batavia, is charged with petit larceny. Washington is accused of shoplifting from Kmart.

Eric Swede, 25, of Perry Road, Pavilion, is charged with disorderly conduct. Swede was arrested after Batavia PD was dispatched to Sport of Kings restaurant at 3:45 a.m. Sunday for a report of an intoxicated male causing a disturbance. Swede was issued an appearance ticket.

A Batavia man was pronounced dead at the scene of a head-on crash in Canandaigua at 2:54 p.m. yesterday, after another driver reportedly suffered a medical condition, causing him to black out.

Barry E. Scutt, 57, of 17 Vernon Ave., Batavia, was driving a 2007 Ford Focus westbound on Route 5 just west of Cooley Road, when his car was struck head-on by a 2006 Honda Ridgeline driven by Steven A. Kloos, 68, of 6034 Grimble Road, Canandaigua.

Witnesses reported seeing the Honda leave the roadway on the westbound shoulder and strike a mailbox and road sign. Calls were made to 9-1-1 reporting a reckless driver. The car then continued westbound in the wrong lane for about one mile before colliding with Scutt's vehicle.

Scutt's Ford Focus suffered heavy damage and members of the Cheshire and East Bloomfield fire departments performed an extrication.

Scutt was wearing a seat belt and his air bag did deploy.

He suffered head and chest injuries, which appear to be the cause of his death, according to the Ontario County Sheriff's Office.

Kloos was not wearing a seat belt, but his air bag did deploy. He suffered chest, pelvis and leg injuries.

He was extricated by firefighters and after being treated at the scene by medics from Canandaigua and Fingerlakes Ambulance he was flown by Mercy Flight to Strong Memorial Hospital, where he is listed in stable condition.

Kloos was cited for failure to keep right, reckless driving and failure to wear a seat belt.

Batavia was hit with a couple of inches of snow this evening, but the weather has cleared a bit more now. Photo of East Main Street at Jackson taken about 8 p.m. when snow was still falling.

A group of local residents who came together on Facebook to organize a Batavia Neighborhood Watch committee have postponed a meeting originally announced for today at Tim Horton's.

A new meeting time is not yet announced.

James R. Kosiorek, 21, of East Main Street, Batavia, is charged with petit larceny.  Kosiorek allegedly stole a Playstation 3, three controllers and 13 games from a location where he was residing on East Main Street and sold those items at a video game store in the city. Kosiorek is being held in the Genesee County Jail on a parole warrant.

Sath Paul Dhanda, 33, of Pearl Street, Batavia, is charged with trespass. Dhanda was arrested after allegedly showing up at T.F. Brown's and being informed that he was banned from the restaurant by management. Dhanda was reportedly informed by staff to leave the restaurant. Dhanda reportedly did leave, but returned a short time later and allegedly caused a disturbance. Dhanda was jailed on $500 bail.

Glenn E. McClurg, 46, of Summit Street Road, Le Roy, was arrested on a bench warrant out of City Court. McClurg posted bail and is scheduled to return to court Jan. 29.

Jerald Alfred Shuler III, 20, of Graham Street, Batavia, is charged with DWI, driving with a BAC of .08 or greater and unsafe start. Shuler's vehicle was stopped at 2:45 a.m. Jan. 18 at Porter Avenue and Washington Avenue by Officer Peter Flanagan.

Michael P. Beedham, 55, of Prospect Avenue, Attica, is charged with assault, 3rd, and endangering the welfare of a child. Beedham was allegedly involved in a domestic incident in a vehicle that was parked on Lewiston Road, Batavia. Beedham allegedly punched a juvenile victim in the ribs causing sweling and bruising.

Joshua A. Musielak, 27, of Alden, is charged with trespass and criminal mischief, 4th. Musielak was arrested by State Police for an alleged incident reported at 5:54 a.m. Jan. 15 on Seven Springs Road, Batavia. No further details released.

The city reports a water main break on Woodrow Road. Water service is currently interrupted on Woodrow between Main and West Avenue and on West Avenue between Woodrow and Union. Crews are on scene for repairs.

UPDATE: Water main repaired. Service restored at 9:30 a.m.

A convicted rapist slated to spend 18 years in prison has been charged with a new crime: criminal solicitation, 4th.

Charles Daniel Johnson Jr., 29, allegedly tried to convince another person to harm a Genesee County Jail corrections officer.

Sgt. Greg Walker said not a lot of information about the case is available  tonight. 

He said Johnson apparently made no offer of money or other compensation to the person he contacted, but he did try to get another person to hurt a corrections officer.

It's not known at this time how serious of an injury Johnson allegedly wanted to inflict on this officer or why the officer was targeted.

The corrections officer allegedly targeted has not been publicly identified.

Judge Robert C. Noonan sent Johnson to prison for 18 years Jan. 17 for the home-invasion rape of a woman in Le Roy.

Johnson has been incarcerated at the county jail pending the NYS Department of Corrections accepting him into the DOCS system.

To you, it probably just looks like a picture of a vacant lot with a piles of snow at the far end, but to Joseph Barclay Jr. it is -- or was -- a skate park.

Barclay asked on Facebook if The Batavian would look into why the city's skate park off Evans Street, behind the Falleti Ice Arena, disappeared.

Today, City Manager Jason Molino said the skate park had become a problem and it's future is uncertain.

"The park keeps getting vandalized and we were just putting good money after bad," Molino said.

In the fall, when city workers went to remove a couple of damaged ramps, they found drug paraphernalia and hypodermic instruments inside the equipment.

At that point, officials decided to remove the skate park all together. Molino said the city will decide what to do with it in the spring.

Barclay thinks he and his skating friends need a place to roll.

"I know all the BMXers, skateboarders and rollerbladers plan on using the streets again if the park isn't returned to us," Barclay said. "We should have a place where we can do our sports where we won't be in danger. Instead they take it away from us. It makes us use the streets again putting people and kids in danger of getting hit by cars."

Molino said he's aware there are a few users of the park, but Chief of Police Shawn Heubusch is concerned about the location on Evans, Molino said. Tucked behind the ice arena, it's not easily visible to people, which perhaps gives some visitors to the park the idea that it's a good place for illegal activity.

Vandalism in all of the city parks has become an increasing problem, Molino said. Water fountains, bathroom fixtures, tennis courts and nets, ball fields and basketball hoops have been regularly targeted by vandals, Molino said.

"It's a constant problem that we're trying to deal with in our parks," Molino said.

Rather than accept a potential plea offer that could limit his prison term to two years, a 47-year-old Batavia resident would apparently rather take his chances with a Genesee County jury on a felony charge of assault in the second degree.

Shane M. Bell is accused of hitting and seriously injuring a fellow patron of The Harvester outside the bar on Harvester Avenue in August.

Scott Baker, 52, reportedly suffered a serious head injury in the incident.

If convicted by a jury, Noonan could potentially sentence Bell to seven years in prison.

District Attorney Lawrence Friedman said that an offer that would have capped Bell's prison term at four years was rejected, but in doing so defense attorney William Teford ask if Friedman would entertain the idea of a two-year sentence cap.

Friedman said he told Tedford to ask his Bell if he would accept such a plea deal, but never ever actually offered the plea deal.

After court, Friedman said he didn't make the offer because he didn't want to put Baker's family through a discussion about such a plea deal unless there was a chance Bell would accept it.

According to Tedford, Bell said he wouldn't agree to such an offer.

At Bell's pre-trial hearing five months ago, Tedford raised the possibility of a self-defense claim by Bell.

Lauren K. Pellegrino, 32, of West Main Street, Batavia, is charged with abandonment of animal and failure ot provide sustenance for an animal. Officers James Defreze and Chad Richards were dispatched to 129 Jackson St., Batavia, at 6:44 a.m. Jan. 6 to check on the welfare of a reportedly malnourished dog that was found by Pellegrino's landlord. The officers found a boxer/pitbull mix inside the residence. The officers determined the dog was allegedly "extremely malnourished."  Pellegrino allegedly left the dog unattended in the residence while she went on a vacation to Florida. The dog was removed from the residence and is being nursed back to health at the Genesee County Animal Shelter. Pellegrino was issued an appearance ticket on the charges.

Rachel E. Rast, 26, of Barefoot Lane, Caledonia, is charged with harassment, obstructing governmental administration and resisting arrest. Officers Darryle Streeter and Stephen Cromiller responded to a report of a disturbance at Batavia Gardens at 1:13 p.m. Rast allegedly resisted arrest and in the process struck an officer in the head.

Kristopher J. Staats, 23, of Montclair Avenue, Batavia, is charged with petit larceny. Staats allegedly stole $64.95 cents worth of steaks from Settler's Restaurant while employed by the restaurant.

Marc David Unger, 31, of East Main Street, Corfu, was arrested on a warrant for alleged violation of probation.

Brooke Lyn Blaszak, 22, of Summit Street, Batavia, is charged with grand larcney, 4th. Blaszak allegedly stole $1,400 worth of property from an acquaintance. Blaszak was jailed on $1,000 bail

Once again, local law enforcement is reminding people to lock up their cars, because unlocked vehicles seem to act as an invitation to thieves to help themselves to whatever they find inside.

From Jan. 13 through Jan. 20, Batavia PD received reports of items stolen from 12 unlocked vehicles at various locations throughout the city.

The thief or thieves took cash, change, purses, wallets, GPS units and other electronic items.

The larcenies were reported on South Main Street, Pearl Street, Franklin Street, Brooklyn Avenue, Meadowcrest Drive, Trumbull Parkway, Elm Street and Swan Street.

"The larcenies are believed to have been committed by persons walking in the neighborhoods during the evening hours," according to a Batavia PD press release.

To report suspicious activity in your neighborhood, call (585) 343-5000.

The man accused of robbing the Sunoco station at West Main and Dellinger Avenue on Tuesday night reportedly told police after his arrest that he wrote out a note, put on a red hoodie and black ski mask and brandished an Airsoft gun in an attempt to obtain cash to support his daughter.

Edward Wood III, 21, of Vine Street, Batavia, is charged with robbery, 2nd, criminal possession of a weapon, 4th, petit larceny, menacing, 2nd, and criminal mischief, 4th.

In a sworn statement to police, Wood admits to the robbery and says, "I'm sorry for what I did. I would not have done this if I had money to support my daughter."

Even though Wood was allegedly carrying an Airsoft gun, the clerk in the station took the situation very seriously.

"When he walked in, he started pointing a gun at me," the clerk wrote in his statement. "It was a black handgun. It looked like a Glock to me. The gun was already drawn at me when I first saw him. ... He said, 'Give me the money, Bro. I'm not playing around.' Then he chambered a round in the gun and kept it pointed at me."

The clerk also said at one point, the robber slammed the gun down on the counter, breaking the glass.

"I was afraid he might shoot me," the clerk wrote. "I opened the cash drawer and started taking out all the bills. When I got to the singles, he said 'That's enough. That's good.' "

Wood's version of events differs slightly.

He said he borrowed the Airsoft pistol (a gas-fired pellet gun) from a friend and wrote out a note that said, "Empty the cash drawer, put the Newport cigarettes in bag."

"I told the guy at the counter to not be stupid and give me the money," Wood reportedly told investigators. "I had the Airsoft gun in my right hand. The guy froze at first. He then told me to take what I wanted, pointing at stuff around the store. I told him I did not want that. I banged the barrell of the gun on the counter and I told him I wanted money."

Wood told investigators he took the money and ran from the store, down Dellinger Avenue, discarding the sky mask and hoodie as he fled.

He said he made it to his uncle's house and started to walk up the front steps, but then changed his mind about stopping there.

As he started to continue on his way, two Batavia PD patrol cars arrived on scene.

Dispatchers reported the robbery to patrols at 9:50 p.m.. Officers James DeFreze and Jamie Givens had Wood in custody at 9:53 p.m.

Wood was jailed without bail.

Previously: Sunoco on West Main robbed, suspect already in custody

A serious injury, head-on collision is reported at 6372 Route 5 in front of A.D. Call & Sons Trucking company. One victim has a compound leg fracture. Extrication will be needed. Two Mercy rigs are called. Route 5 is completely blocked in both directions and will be shut down at Route 237. Mercy Flight is in route. Stafford Fire Department is responding along with mutual aid from Le Roy. Law enforcement is on scene.

UPDATE 6:55 a.m.: Stafford Fire Hall will be the landing zone.

UPDATE 6:57 a.m.: Mercy Flight has landed.

UPDATE 7:09 a.m.: Town of Batavia's Engine 24 is at the Stafford Fire Hall. The state DOT is notified that a lot of salt will be needed on the roadway before Route 5 can be reopened.

UPDATE 7:17 a.m.: The victim has been extricated.

UPDATE 7:22 a.m.: An ambulance is transporting a patient to the landing zone at the fire hall.

UPDATE 7:30 a.m.: Mercy Flight is airborne and headed to Erie County Medical Center.

UPDATE 7:34 a.m.: Le Roy is returning to service. The second ambulance called in is also back in service.

UPDATE 8:01 a.m.: The roadway is reopened. Stafford and mutual aid back in service.

UPDATE 9:20 a.m. (By Howard): One person suffered leg serious leg injuries in the accident. Because the Chevy sedan's airbags didn't deploy and the driver did not appear to be wearing a seat belt, there is concern of internal injuries. The patient was transported to ECMC by Mercy Flight. He had not yet been identified.

The driver of the pickup truck was Timothy Parmenter. Parmenter said he was westbound on Route 5 when he saw the sedan on the north shoulder heading eastbound. The sedan's driver tried to correct and get back into the eastbound lane.

"I was trying to head away from him, but he was kind of following me and I couldn't get away from him," Parmenter said.

Parmenter was not injured.

He said when he got out of his truck, another person was tending to the driver of the sedan, "trying to calm him down."

Deputy John Duyssen said it appeared that the front windshield of the sedan was completely iced over -- on the inside.

Duyssen said there were two uninvolved eastbound cars that were immediately behind the Chevy sedan. The drivers did not stop at the scene. He said it's very important the drivers in those cars contact investigators and provide witness statements. He's asking that the drivers immediately call either Investigator Kris Kautz or Deputy Chris Parker at (585) 343-5000.

UPDATE 5:19 p.m.: The driver of the sedan has been identified aas Robert C. Putney, 55, of Main Road, Stafford. Citations were issued for allegedly driving on the wrong side of the road and not wearing a seat belt. Putney reportedly told Deputy Chris Parker that his windshield was not defrosted and that he couldn't see clearly.

It's one thing, according to Andy Mills, chief of police in Eureka, Calif., to lock down a neighborhood and try to initiate police contact with every resident.

It's an entirely different approach to bring all of the resources of city government onto a troubled street and invite residents to participate in local problem solving.

The first approach invites resentment, Mills said. The second opens doors to better communication between residents and police.

Mills hopes the Batavia's plans for what officials have called "neighborhood sweeps" is more like what the city of San Antonio, Texas, has been doing, which is setting up mobile city halls in troubled residential areas.

"It all depends on the intent of the effort," Mills said. "If it's a temporary city hall where people can come to you and tell you what the issues are and what they would like to see addressed, I think that's a wonderful idea. If the effort is going to be going in and throwing up an iron curtain and body checking everybody (who) is coming through, I wouldn't see that as viable. At least, I wouldn't do it."

Mills was encouraged by a statement from City Manager Jason Molino that he read where Molino said the goal was to get folks out of their homes and communicate with local officials. That's the right approach, Mills said.

Mills is a former captain with the San Diego Police Dept., where he worked, among other assignments, in the gangs and intelligence units. He has done consulting work all over the the United States in problem-oriented policing and managed a patrol team that won the Herman Goldstein Award for Excellence in Problem-Oriented Policing. He's also won the Police Executive Research Forum’s national Gary P. Hayes Award for his contributions to improving the quality of police service.

(I was introduced to Mills this week by Rana Sampson, a nationally known expert in community-oriented policing, whom I met in 1996 when I wrote a profile of her for San Diego Magazine.)

Eureka is a small city, especially by California standards, with a population of 27,000. It's located on the coast in Northern California.

Just this week, Mills said, he met with a group of Eureka residents sharing some of the same kinds of concerns arising in Batavia.

The good news is, Mills said, Batavia, like Eureka, has a community of people concerned enough about their community to get involved.

Shawn Heubusch, Batavia's chief, has said BPD's response to neighborhood problems will be data-driven. Data on crime and complaints and the suspected location of people known to cause problems will be used to select neighborhoods for sweeps. 

Using data to identify problem areas is the right approach, Mills said.

"You should certainly focus a lot of your resources on those locations," Mills said. "That would go to the heart of problem-oriented policing."

Identifying landlords who won't bring buildings into code compliance is also a good approach.

"You want to remove the environment that makes those neighborhoods friendly to ne'er-do-wells," Mills said.

He added, "You certainly want to create an environment where criminals feel uncomfortable, but at the same time, you want to make sure government works for all people. You certainly look at criminal behavior rather than a criminal profile. You tackle behaviors. If somebody is selling dope at a particular location or creating social disorder by hanging out, you tackle those specific problems."

The mission of making the environment uncomfortable for criminals, of course, should not disrupt the rights of individuals, he said.

As for the seeming rise in gun play in the Batavia, it's certainly something to pay attention to, Mills said, but he also praised Batavia PD for reacting strongly to the rise in gun-related incidents.

"I applaud them for being attuned and aware of what they're facing," Mills said.

He said, it's important, though, not to overreact.

"If you're having an isolated problem, then get rid of the problem," Mills said. "If you're seeing a trend, then deal with the trend."

That's where analyzing data and being thoughtful about what it means comes into play, Mills said.

"I think what you need to do is establish overall trends," Mills said. "If you're starting to see trends that are a concern, take a look at that. I would want to see more over a longer period of time before we made any harsh decisions that could have a long-term impact on a community. That's not to say a neighborhood sweep is a harsh decision. I'm just talking in general."

On video surveillance cameras, there's no doubt they are very successful at reducing crime, Mills said.

"I don't have a problem with them," Mills said. "There are some liberty issues that your local community will need to wrestle with, but I'm generally in favor of using cameras under the right circumstances."

Cameras, he said, should be monitored.

When told that wasn't the plan in Batavia, that rather, recordings would be reviewed after the fact of a crime, Mills said he understands the resources it would take a small police department to monitor surveillance cameras around the clock, but there's also a solution to that problem.

"Ask volunteer community members to monitor the streams over the Web," Mills suggested. "There are a variety of options, but getting a camera is the step in the right direction."

Among the resources Mills recommend is the Web site for the Center for Problem-Oriented Policing and particularly the article "25 Techniques of Situational Prevention."

"Batavia sounds like a wonderful city," Mills said. "People really care about their neighborhoods. If you look at the research, where people are looking out for each other, crime is reduced."

Law enforcement is responding to the parking lot of Batavia Downs to meet up with security officers who report that a child has been left alone in a vehicle.

UPDATE 5:32 p.m.: "I'll be clear (leaving the scene). No report. The child has been reunited with the stepmother," says an officer.

St. Joseph School will celebrate Catholic Schools’ Week starting on Sunday January 26^th with an Open House at 10 a.m. followed by a Family Mass and lunch provided by Subway. The Open House is for all prospective students and pre-registration is not required.

The theme for the National Catholic Schools Week 2014 is “Catholic Schools: Communities of Faith, Knowledge and Service.” The theme encompasses several concepts that are at the heart of a Catholic education. First, schools are communities — small families in their own right, but also members of the larger community of home, church, city and nation. Faith, knowledge and service are three measures by which any Catholic school can and should be judged. There is no better way to invest in a child’s future — or the future of our world.

In recognition of Catholic Schools' Week, students will participate in Crazy Hat and/or Hair Day on Monday. Parents are encouraged to join their children for lunch that day and play Bingo. On Tuesday, K-2 students will visit the YMCA for activities including swimming, group exercises and fun in the bounce house. Students in grades 3-8 will go bowling at Mancuso Lanes. Wednesday is Pajama/Movie day and on Thursday students will participate in “House” activities including dancing, trivia, and making Valentine’s gifts for Veterans. The week will wrap up on Friday with a 7^th/8^th grade Basketball Game and participation in Jump Rope for Heart. The festivities will conclude with a Family Dance on Friday night at the school.

To find out more about St. Joseph School, the Open House or Catholic School’s Week, visit www.sjsbatavia.org or call 343-6154.

A subdivision of Batavia Towne Center to make way for a Kohl's Department Store was approved by the Town of Batavia Planning Board on Tuesday night.

The subdivision is necessary, according to Kate Johnson, of COR Development (top photo) because Kohl's needs its building on its own parcel for financing, tax and insurance purposes.

Kohl's will own its building, but COR will continue to own the land.

A subdivision carves a parcel of land from an existing parcel to make a new parcel with its own tax ID number.

Kohl's is planning 56,883-square-foot building roughly in the area of the former Lowe's garden center.

Johnson also revealed that Marshall's is planning a store next to Dick's Sporting Goods and said a fourth store is planned for the former Lowe's space, but said she can't mention the name of the store.

Previously, it was reported that the discount chain 5 Below was planning a store for the location.

Town officials are also considering a sidewalk for pedestrians that would connect Batavia Towne Center and Batavia Downs as well as an extension of Richmond Avenue through to Veterans Memorial Drive.

The Kmart at 8363 Lewiston Road is being evacuated because of an odor of natural gas in the building. Town of Batavia fire is on scene and National Fuel is notified.

UPDATE 2:55 p.m.: The town's assignment is back in service. National Fuel is working to fix the problem. The store will remain closed in the meantime.

On a day of no snowfall and no blowing snow, city crews are taking the opportunity to clear away piles of snow from parking lots and parkways. Above, a crew works on a pile of snow outside City Centre on the Jefferson Avenue side.