batavia

Benjamin Gove Evans, 22, of West Main Street, Batavia, is charged with petit larceny. Evans is accused of shoplifting at Kmart in April.

Kristen L. Brightenfield, 18, of 6559 Main Road, Stafford, is charged with petit larceny. Brightenfield is accused of stealing a box of hair dye from Tops Market during the early morning hours of Wednesday.

Micaheal J. Elmore, 20, of Sumner Road, Darien, is charged with two counts of petit larceny. Elmore was arrested by the Wyoming County Sheriff's Office following an investigation into thefts in Orangeville. Elmore was identified as the suspect with the help of a pawnshop in Batavia. Another piece of stolen property was recovered in the Village of Attica.

Diane E. Winger, 46, of 329 Eva Road, Fort Erie, Ontario, Canada, is charged with driving while ability impaired and failure to keep right. Winger was stopped at 11:43 p.m., Sunday, on Snipery Road in Darien by Deputy Patrick Reeves.

The City of Batavia's 9/11 ceremony has been moved up to tomorrow, Thursday, at 2 p.m.

It will be held in the mall concourse.

City Council President Marianne Clattenburg, Genesee County Sheriff Gary Maha and ESD President Ken Adams will be speaking at the ceremony.

The auction and gala to benefit the Child Advocacy Center is just around the corner -- Sept. 17 -- and auction items are rolling in. Above, Anita Strollo shows off a group of cigars in a traveling humidor that will be among the items offered up by auctioneer Seth Kent (white shirt, center), of William Kent, Inc., of Stafford.  From left are: Grace Flannery, CAC; Strollo; Tiffany Szymanek, Genesee Justice; Kent; Assemblyman Steve Hawley, who will emcee the evening's festivities; and, District Attorney Lawrence Friedman, president of Batavia Kiwanis.

The Kiwanis Club is sponsoring a "Bidding on a Brighter Future" Gala and Auction at 6 p.m., Sept. 17 at Batavia Downs. Donations of items for the auction are still being accepted. Tickets for the gala are $40 per person or $75 per couple. Checks can be mailed to: Justice for Children GLOW Foundation, Inc., 108 Bank St., Batavia, NY 14020.

Disclosure: As of Thursday, Howard Owens is a member of the Batavia Kiwanis Club.

It's a big leap from middle school to high school and for the past four years, to help freshmen students make the transition, Batavia High School has conducted a special orientation day the day before classes officially begin.

For the class of 2015 that was today.

Of the 198 students in the frosh class, all but three students showed up for the orientation that began at 8 a.m. with a dramatic welcome by faculty and administration in the gym -- lights turned down, spotlights turned on and music playing loud, the students are welcomed into the gym like a championship team.

"We tell them up front that there will be some corny stuff," said Joe Hussar, one of the faculty organizers. "It's a little over the top sometimes."

The goal is give the students an introduction to BHS without 800 other students around. 

"It gives them at least one day where they can take their time and figure things out," Hussar said.

Like where their locker is and how to open it, and how to get from history class to English class.

The students also meet some of the upperclassmen who act as mentors during the school year.

More than 100 upperclassmen applied for the program and the 53 selected went through three days of training over the summer. Today, after the initial gym meeting, they led small groups of students in exercises to help them learn each other's names, how to communicate better and just get to know each other so at least on the first day of school there will be a few familiar faces.

Tomorrow, all the mentors will wear bright pink T-shirts so they can be easily identified by any freshmen who can't find a class, have a question or otherwise need help.

"It's awesome that so many of our upperclassmen are taking the lead," Hussar said.

To further assist the freshmen, the upperclassmen leaders have lockers strategically positioned among a group of freshmen lockers -- for about every seven or eight frosh lockers are two mentor lockers. The arrangement will last throughout the year.

After the small group exercises, the freshmen were given a tour of the school, had a break for lunch and then did a modified version of their class schedule -- 10 minutes for each class so they can learn how to get from room to room with less confusion tomorrow.

A man is reportedly riding a motorized two-wheel bicycle on the sidewalk on Main Street in the City of Batavia. When the caller reported this he was near Burger King. Watch out pedestrians. The guy is going about 30 mph.

Upon getting the report the cop says: "Oh kay," with some hesitation.

The dispatcher replies: "I know what you mean."

He's toting a light-brown backpack on his back. He's white. But he was easily spotted by police, all descriptions aside.

Two days ago the same guy was seen, by me, on Maple Street (actual street).

UPDATE 12:35 p.m.: The bicyclist is having a chat with an officer about his travel plans.

Ten different businesses have been burglarized 11 different times since June and the Batavia police are looking for the public's help is identifying the suspects.

Det. Charles Dudek released the video posted above in the hope that it might lead to more information about the suspects seen in the video.

The video was taken by surveillance camera at Batavia's Original, 500 E. Main St., Batavia, on Aug. 30. Batavia's Original has been hit twice in the past couple of months.

The same two suspects are believed to have burglarized Ficarella's Pizzeria in late August.

A witness reportedly spotted the suspects at about 4 a.m. leaving Ficarella's without their masks or hoods on.

The suspects are identified as white males in their late teens or early 20s. Both are about 5'8" to 5'9" tall. One suspect is described as stocky with short blond hair and a light complexion. The other suspect is thinner with short dark hair.

The string of burglaries dates back to June 2, when Neptune's Garden was hit.

In four cases, safes were stolen, or the safe was opened at the business and in one case the suspects were unable to either open or take the safe.

Anyone with information that could aid in the investigation should call the confidential tip line at 345-6370 or the Batavia PD at 345-6350.

Defense attorney Brian Degnan admitted in court today that he was surprised to learn less than an hour before his client was scheduled to be sentenced on a burglary charge, that the client didn't understand one of Judge Robert Noonan's questions when he entered a guilty plea July 15.

The question, one asked of every defendant about to enter a guilty plea: "Have you consumed any drugs or alcohol today?"

Ricky L. Miller said he had not, but today, Miller told Degnan that he was actually on prescribed painkillers when he entered his guilty plea and didn't understand what he was doing.

Miller was an inmate in the Genesee County Jail on July 15 and any medication he received would have been administered by jail staff.

The drugs supposedly taken by Miller on July 15 where Neurontin and Tramadol.

Degnan asked for an adjournment of the scheduled sentencing to give him time to research the veracity of his client's claim and whether the allegedly prescribed painkillers could alter his judgment.

"We should not be adjourning a sentencing every time a defendant has a change of heart," said District Attorney Lawrence Friedman.

Friedman characterized Miller's new statements as "an incredible claim that he lied under oath about being on drugs."

Degnan tried to argue that perhaps his client didn't understand the question because he only has an eighth-grade education, but Noonan wasn't buying it.

When Noonan asked if Miller had taken the prescribed medications today, Miller said he had.

"So he has enough of an education to understand what I'm asking him while on drugs today, but not when he entered his guilty plea?" Noonan asked.

He ordered a short recess so Friedman could contact the jail and get information on what drugs Miller may have consumed the day he entered his guilty plea.

About 30 minutes later, Miller's case was recalled and Friedman informed Noonan that on July 15, Miller had not yet been prescribed Neurontin, and about two weeks before the hearing, Miller's dosage of Tramadol had been reduced.

"He was taking it for knee pain," Friedman said. "I'm told it's no more powerful than Motrin tablets and it's not a controlled substance."

Noonan denied Degnan's motion for an adjournment and proceeded with sentencing.

On one count of burglary, 2nd, Miller was given five years in prison, and on one count of possession of a forged instrument, Miller was given three and a half to seven years in prison, to be served concurrently.

"Sir, you have, for a 29-year-old man, you have a horrible record," Noonan said. "You don't seem to have any respect for anybody's else's property. It's important that you be removed from society for a long period of time."

Remember the wayward snake on State Street Road on Saturday? Through diligent investigative journalism, we acquired a picture of it.

The snake, believed to be a ball python, is holed up at a secret, undisclosed location (well, at least, I don't know where it is) awaiting possible recovery by its rightful owner.

The python is described as a little over 3-feet long.

The Batavia Area Jaycees' annual 5K race was Monday morning. Here are the results.

Overall Male: Collin MulCahly, 17: 17:26.

Overall Female: Melissa Domay, 36: 21:30.

AGE GROUP WINNERS:  

14 & UNDER - MALE:  
1. Campbell Anderson - 24:05 
2. Vincent DiRisio - 51:11  

14 & UNDER - FEMALE:  
1. Emma Eastridge - 26:57  

15-19 - MALE:  
1. Mitchel Ernst - 18:51  
2. Patrick Burns - 19:03  

15-19 - FEMALE:  
1. Samantha Wingate - 31:38  

20-29 - MALE:  
1. Michael Richenberg - 17:53 
2. Dave Bateman - 18:48  

20-29 - FEMALE:  
1. Christina Bak - 30:36  
2. Amy Swenson - 33:57  

30-39 - MALE:   
1. Paul Glor - 17:43  
2. Rich Boyce - 20:24  

30-39 - FEMALE:  
1. Jill Christinano - 23:57  
2. Nicole Boyce - 25:20  

40-49 - MALE:  
1.Kevin Sheehan - 18:43  
2. Jim Werven - 20:02  

40-49 - FEMALE:  
1. Lynn Auble - 21:51  
2. Carol Vanderberg - 23:56  

50-59 - MALE:  
1. David Oleary - 18:04  
2. Bill McMullen - 21:18  

50-59 - FEMALE:  
1. Janice Spiotta - 27:19  
2. Carrie Caccamise - 29:36  

60+ - MALE:  
1. Tom Dutton - 20:35  
2. Bruce Rychwalski - 25:04  

60+ - FEMALE:   
1. Mitzie Lewandewski - 28:29 
2. Debora Redding - 39:47

A 21-year-old Batavia man originally accused of rape with a possible sentence of 25 years in prison, received a seven-year sentence today on a reduced charge of sexual abuse.

Patrick J. Donahue, of 44 Williams St., Batavia, was arrested in January and accused of raping a 30-year-old woman at a residence on Walnut Street.

In July, Donahue accepted a plea reducing the charge to sexual abuse.

In court today, Judge Robert Noonan told Donahue his crime was "a slight grade below murder."

Once released, Donahue will spend 10 years on probation.

Reporting for this story provided by Geoff Redick, WBTA.

Press release:

The Batavia Police Department is investigating an incident of leaving the scene of an accident. It occurred during the early morning hours of Monday, Sept 5.

The accident was at 59 Jackson St., at the entrance to a parking lot on Jackson Street just north of Ellicott Street. A lamppost and a stop sign were struck during the incident. The lamppost was destroyed and a stop sign was broken off at the base.

Debris left at the scene indicates the vehicle involved is a blue in color Pontiac.

Persons with information regarding this incident are asked to contact the Batavia Police Dispatch at 585-345-6350 or the Batavia Police Confidential Tip Line at 585-345-6370. Persons may also report information via the Suspicious Activity Reporting link on the Batavia Police Department’s website.

UPDATE 7:52 a.m., Wednesday: The female driver has reportedly turned herself in. The investigation is continuing.

Alicia M. Lyons, 31, of 17 1/2 Central Ave., Batavia, is  charged with criminal mischief, 3rd. Lyons was allegedly observed scratching the paint of a vehicle parked off of Central Avenue. Lyons was taken into custody by Officer Marc Lawrence.

Timothy Garrick Fitzgerald, 45, of Windsor Drive, North Tonowanda, is charged with DWI, driving with a BAC of .18 or greater, failure to signal lane change and moving from lane unsafely. Fitzgerald was stopped at 9:53 p.m., Friday, in the area of 4016 W. Main St. Road, Batavia, by Deputy Joseph Graff.

Sarah White Gilmartin, 35, of Norwalk Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, dazzling headlights and no/insufficient tail lamps. Gilmartin was stopped at 2:10 a.m., Aug. 27, on Main Road, Pembroke, by Deputy James Diehl.

Russell R. Miles, 43, of 12 Lake St., Le Roy, is charged with criminal contempt. Miles was arrested following a report of a disturbance at 12 Lake St. Miles was allegedly involved in the disturbance with a person who was the subject of a stay-away court order. Miles was jailed on $1,000 bail.

Brett A. Simcick, 27, of Keeney Road, Le Roy, is charged with felony DWI. Simcick was stopped by Le Roy Police in the early morning hours Saturday for allegedly failing to stop for a stop sign on Hilltop Drive, Village of Le Roy. Simcick was jailed on $5,000 bail.

Matthew Alvin Johnson, 28, of Prestige Crossing Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater, unlawful possession of marijuana and no plate lamps. Johnson was stopped at 1:46 a.m., Sunday, on Seven Springs Road, Batavia, by Deputy Patrick Reeves.

A possible structure fire is reported at 111 State St.

There is smoke in the residence, which is confirmed by a police officer who responded to the alarm.

City Fire Department on scene.

UPDATE 8:20 a.m.: Firefighter: "It looks like it's a piece of clothing on top of a lamp in the bedroom." Later, "The source has been removed to the outside."

UPDATE 8:30 a.m.: City fire back in service.

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A woman said she suffered a diabetic issue, causing her to rear end the car of a Batavia resident who had stopped for a red light on Lewiston Road at 8:03 p.m., Friday.Two

Two people suffered minor injuries in the accident and needed to be transported to UMMC for treatment, according to the Sheriff's Office report.

Cited for allegedly following too closely was Mary A. Acomb, 31, of Dewey Ave., Batavia.

Acomb's 2008 Chevy sedan struck a 2007 Toyota sedan driven by Frank J. D'Angelo, 53, of South Main Road, Batavia.

D'Angelo was stopped at the intersection of Lewiston and Park roads when his Toyota was struck. He was not injured, nor was Acomb.

Reportedly injured where Mona L. Adams, 33, and Diana L. Sheehan, 30.

The accident was investigated by Deputy Brad Mazur.

(initial report)

Marc Bzduch took his sons -- Dante, Devyn and Alexandre -- out for some early morning fishing at Dewitt Park. Bzduch said they arrived at the lake at 5:30 a.m., but it was raining, so they sat in his truck for about 45 minutes waiting for it to clear.

Fifteen volunteer firefighters from five companies in Genesee County are headed east this morning to assist in relief and recovery efforts in one of the hardest hit areas of the state from Hurricane Irene.

The volunteers gathered at the Emergency Servcies Training Center on State Street Road at 6:30 a.m. to be briefed on their mission by County Coordinator Tim Yaeger.

The group then headed to the Thruway to make it to Schoharie County by noon for a 72-hour deployment.

"They're in bad shape down there and now they've got more rain coming," said Yaeger, who was among the state's emergency coordinators dispatched to the region right after the storm hit.

The firefighters will be relieving other volunteers who have been working in the county since the storm hit last week.

"There's still places that are getting drops by Blackhawk helicopters of food and water because they're still isolated," Yaeger said.

Yaeger said it's amazing what these guys have signed up for with no pay. They will likely be sleeping on cots, living on pizza and pumping sewage out of basements during their 12-hour shifts.

They might also be called upon to deliver relief supplies to residents isolated by storm damage or just help with general clean up and recovery.

"And they're offended if I don't offer them a chance to go," Yaeger said. "These guys have been waiting for this for a week."

Darien Chief Dale Breitwieser couldn't make the deployment, but he was at the training center this morning to see off the three volunteers from his department.  He said it's events like this where you see that volunteers are a special breed of person.

"There will be volunteers there from all over the state and they'll all pull together," Breitwieser said.

Besides Darien, participating departments are Bergen, Town of Batavia and Stafford along with staff from Emergency Services.

Yaeger is not joining this group, though he may be deployed later today to Green County where a village of 700 people in the Town of Plattsville was wiped off the map. The town supervisor lost his house and his gas station and now he's trying to help his town through the devastation, Yaeger said.

The Albany Times Union has a photo slide show of the damage in Schoharie County.

The city fire department is being dispatched to UMMC to set up a landing zone for Mercy Flight.

Mercy Flight has a 15 minute ETA.

No further information available at this time.