batavia

Shannon Lee Marvin, 30, of West Main Street, Le Roy, is charged with grand larceny. Marvin is accused of stealing a credit card from a person in Bergen in November and making several purchases with the card. Marvin was processed at the Genesee County Jail and released on an appearance ticket.

Abigail M. Russell, 19, of Hamburg, is charged with petit larceny. Russell is accused of shoplifting a bag full of groceries from a local store at 12:01 p.m., Jan. 4. After receiving a report of the larceny, Russell was located by a Batavia patrol officer, identified as the suspect, and arrested.  She was released on an appearance ticket.

Walter M. Rhynes, 30, of Rochester, is charged with harassment 2nd. Rhynes is accused of trying to strike an employee of a local hotel at 1:29 p.m., Jan. 1. He was issued an appearance ticket.

Brittany N. Leach, 28, of Batavia, is charged with two counts of criminal mischief 4th. Leach is accused of damaging a door and a vehicle on State Street at 11:10 p.m., Jan. 4. She was issued an appearance ticket.

Marcus T. Hill, 29, of East Rochester, was arrested on a warrant for alleged failure to appear. The warrant stems from an incident reported at 9:45 p.m., April 25 (no details released) and was issued July 28 after Hill allegedly failed to appear in court as ordered. He was released under the supervision of Genesee Justice.

Hailee N. Callicutt, 21, of Batavia, is charged with obstruction of governmental administration, resisting arrest, driving without insurance, driving on a suspended registration, and driving a vehicle with an obstructed view. Callicutt was stopped by Officer Peter Post at 10:02 p.m., Jan. 1, on Liberty Street.  She was issued an appearance ticket.

Brian Graziaplena, 70, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and moving from lane unsafely. Graziaplena reportedly drove his car into a tree at 4:23 p.m., Jan. 1, on North Lyon Street, Batavia. He was issued an appearance ticket and released to a sober third party.

Dean C. Siminski, 32, of Batavia, is charged with criminal contempt 2nd. Siminski allegedly sent a letter to a person covered by an order of protection. He was issued an appearance ticket.

Eric Tyler McGrain, 29, of Donlin Drive, Rochester, is charged with felony DWI, speeding, refusal to take breath test, failure to keep right, and moving from lane unsafely. McGrain was stopped at 1:21 p.m., Jan. 8, on College Road, Batavia, by Sgt. Mathew Clor.

Trisha R. Santora, 39, of Batavia, is charged with eight counts of petit larceny and eight counts of falsifying business records 1st. Santora was arrested by State Police for an alleged crime reported in November. She was issued an appearance ticket. No further details were released.

Kyle A. Hillyard, 29, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Hillyard was stopped at 1:35 a.m., Jan. 9, by State Police in the Town of Batavia. He was issued an appearance ticket.

Brian P. Demko, 44, of Batavia, is charged with aggravated harassment 2nd. Demko was arrested by State Police following an investigation in an incident reported at 7:42 p.m., Dec. 26, in the Town of Batavia. He allegedly made a threat toward another person. He was released on his own recognizance. No further details released.

Press release:

The City Water Department is making repairs to a water line on the corner of Liberty and Ellicott Street today.

Expect the water to be turned off from on Liberty from Main to Ellicott Streets. Due to the uncertainty of the repair water may also be turned off or experience low pressure in adjacent areas.

Traffic will not be allowed through the southern side of the intersection of Ellicott and Liberty, while repairs are being made.

We do not have a time frame for this work at this time.

We appreciate the public's patience during this repair.

Press Release:

The Genesee County & City of Batavia Youth Boards are looking for nominations for their annual Youth Recognition Banquet.  There are three awards presented at the Youth Recognition Banquet:

• Youth Recognition Award—This award recognizes young people who have performed exceptional service to the community and/or have assumed extraordinary roles in their families.  Typically, the best candidates for this award are high school students, but we also know there are 12, 13, 14 year olds who exemplify distinctive qualities of service.  Several youth will be recognized; however the Youth Boards reserve the right to limit the number of recipients.
• Adult Volunteer—This award recognizes an adult who provides service as a volunteer to youth in Genesee County.
• Adult Youth Worker—This award recognizes a youth service professional whose work surpasses normal expectations.

Recipients will be honored at the Youth Recognition Banquet on March 31, 2022.  Nominations are due by Friday, February 11th.  For more information or to receive nomination forms, please call the Genesee County Youth Bureau at 344-3960 or youthbureau@co.genesee.ny.us.  The forms are also on the Youth Bureau page of the Genesee County website, www.co.genesee.ny.us. 

Press release:

In a verdict rendered on January 4, 2022, defendant Michael T. Swiatowy was found guilty, after a single judge trial, of one count of misdemeanor driving while intoxicated. The trial was conducted on December 13, 2021, in Batavia Town Court by Judge Lisa Funke.

According to the trial testimony, as well as records of the Genesee County Sheriff’s Office, deputies were dispatched to the defendant’s home on January 10, 2020, for an unrelated matter. Upon arrival, they noticed that defendant had trouble standing and was slurring his speech. He also had bloodshot, glassy eyes, and was wearing only one sock and no shoes. Defendant admitted to driving home from a bar, and a witness at trial confirmed this.

While walking to the patrol car, the defendant was having trouble keeping his balance and kept saying, “I’m a corrections officer, extend me some damn courtesy.” He agreed to perform several field sobriety tests, which he failed. Defendant refused to provide a breath sample and was placed under arrest.

The arrest was handled by Brock Cummins and Deputy James Stack. Assistant District Attorney Robert J. Shoemaker was the trial prosecutor. The defendant was represented by Thomas D. Trbovich, Esq.

Eden Cafe & BakeShop will be closing its Main Street site on Feb. 1, but don’t worry, manager Nicole Dellapenna says. 

The vegan restaurant and bakery is only moving less than a mile away. Owner Judith Hysek and Dellapenna, who is also head chef, are planning for a re-opening in early spring. The new site will be at 242 Ellicott St., at the corner of Ellicott and Liberty streets. 

“We’re relaunching over there as soon as possible. We’re waiting for contractors and permits,” Dellapenna said to The Batavian on Friday. “It’s fun, it’s exciting.”

The new location is “definitely bigger” than the current one inside Eli Fish Brewery, she said. Renovations of removing walls, painting and other tasks will set it up to accommodate 25 people and host special gatherings, Dellapenna said. 

Eden’s “old classics” — including breaded and baked cauli (flower) wings and crunch wraps — will be moving with the business as some new offerings will be added. There will be a “grab and go” case with sandwiches and meal bowls already prepared for a quick lunch or convenient dinner. 

Dellapenna came on board shortly after the debut of Eden Cafe 3 1/2 years ago. The plant-based menu options have been popular with local patrons, she said.

“It’s just a misconception of veganism; it's eating normal food," she said. "We strive for freshness. We’ve worked so hard to keep everything fresh and consistent.”

Current hours are 11 a.m. to 2 p.m. and 4 to 7 p.m. Tuesdays through Thursdays and 11 a.m. to 2 p.m. and 4 to 8 p.m. Fridays and Saturdays. The cafe is closed Sundays and Mondays. For more information, call 585-815-4487.

Top photo: Eden Cafe's new home will provide a bigger space and new offerings at 242 Ellicott St., Batavia. Photo by Howard Owens. 

 

Press Relase:

​Assemblyman Steve Hawley (R,C,I-Batavia) spoke Wednesday during the Farm Laborers Wage Board’s hearing on a proposed reduction of the farm laborer overtime threshold, speaking passionately against the proposed reduction. During his testimony, Hawley described in detail why such a reduction would be perilous to the existence of farms throughout New York state and why the proposal would be harmful to the farm workers its proponents intended for it to help.

“Farms cannot operate on a less than 60-hour work week, and the failure to recognize that
fact will lead to the loss of our beloved family farms and all the jobs they provide,” said Hawley.

Michael J. Robinson, 44, of Lockport, is charged with grand larceny 4th and petit larceny.  Robinson is accused of picking up a wallet containing a credit card that was accidentally dropped at Batavia Downs and taking the wallet home and keeping it and making no attempt to return it.  Robinson was issued an appearance ticket.

Eric John Peluso, 45, of Clipnock Road, Bethany, is charged with assault 3rd and endangering the welfare of a child.  Peluso allegedly struck a minor causing substantial pain.  He was arraigned in Bethany Town Court and remanded to the Genesee County Jail.

Jennifer M. Moore, 36, of River Street, Batavia, is charged with criminal possession of a controlled substance 7th. Moore was arrested on Jan. 5 for alleged drug possession at 12:32 p.m., Oct. 22, at a location on Park Road, Batavia.

Jaylinn Marie O'Neil, 31, of Old Telephone Road, Bethany, is charged with criminal possession of a controlled substance 7th, aggravated unlicensed operation 3rd, and unlicensed operator. O'Neil was arrested following a traffic stop on Veterans Memorial Drive at 4:34 p.m., Dec. 29 by Deputy Nicholas Chamoun. O'Neil was allegedly found in possession of a narcotic.

A caller at a residence on Wood Street, Batavia, reports being trapped in a bathroom by two large, very aggressive dogs.

The caller told dispatchers that the owner works at a business in the City of Batavia but when dispatchers attempted to call that chain store,  a person at the store claims nobody that name works at that business.

Law enforcement is dispatched.

Press release:

The water department is continuing efforts to repair a water main on Liberty Street today. Expect the water to be shut off on Liberty Street from Cherry Street to Main Street today. Also expect water to be shut on Swan from the area of School to Ellicott Street, and School from Swan to Liberty.

The water may be off on Ellicott from Jackson to Liberty.

The length of time the water will be off is not known.

Traffic will not be able to pass through the south side of the intersection of Ellicott and Liberty while repairs are ongoing.

As always when water is restored it may be discolored, please refrain from doing any laundry until the water runs clear.

The public patience is greatly appreciated.

In the first game of the first round of the Batavia Rotary Club Girls Basketball Classic, Le Roy beat Batavia 48-44.

For Le Roy, Kenna McKenzie and Lindsey Steffenille scored 13 points each. 

For Batavia, Jaimin Macdonald scored 16 points and Jaylene Dersham scored 15 points.

Le Roy will face Notre Dame in the championship game at 7:30 p.m. tonight at GCC.

For more photos, click here.

Press release:

On Thursday, December 30th, 2021 around 9:32 PM the Batavia Police Department received a third-party phone call that two adults had overdosed in the presence of their young children at an apartment at Northside Meadows. 

The Batavia Police Department responded along with the Batavia Fire Department and Mercy EMS.  Upon arrival, the mother of the children, Anda Ithna-Asheri (38), was found to have been deceased for some time. 

The father, Makeen Ithna-Asheri (61), was unresponsive with agonal breathing.  Multiple doses of Narcan were administered and Makeen was transported to UMMC where he later recovered. 

The children, ages seven and ten, were released to the custody of a relative. Following an investigation by the Batavia Police Department, Makeen Ithna-Asheri was arrested on January 4th, 2022 around 2:33 PM by Detective Jason Ivison. 

Makeen was charged with manslaughter in the 2nd degree and two counts of endangering the welfare of a child. 

Makeen is accused of providing Anda with the drugs which caused her to overdose and knowing that she overdosed, he failed to administer proper aid.  Additionally, Makeen allegedly prevented the notification of emergency services by taking the children's phones away when they wanted to call 911.

Upon being taken into custody, Makeen was found to be in possession of a quantity of suspected crack cocaine and was charged with criminal possession of a controlled substance in the 7th degree.

Makeen is on lifetime parole for Murder in the 2nd degree and is currently being held in Genesee County Jail on $50k bail, $100k bond, and $150k partially secured bond.  Makeen is also being held on a parole warrant. 

Makeen is scheduled to reappear in court on February 2nd, 2022 at 1:00 p.m.. The Batavia Police Department would like to thank the Genesee County 911 Center, City of Batavia Fire Department, Mercy EMS, Genesee County Department of Social Services, Genesee County Child Advocacy Center, Genesee County Coroner’s Office, Genesee County District Attorney’s Office, and NYS Parole for their assistance in this case.

Press release:

The water department is continuing efforts to repair a water main on Liberty Street today. Expect the water to be shut off on Liberty Street from Cherry Street to Main Street today. Water may be shut on Central Avenue as well as Liberty Street south of Cherry to South Jackson.

Traffic will not be able to pass through the south side of the intersection of Ellicott and Liberty while repairs are ongoing.

As always when water is restored it may be discolored, please refrain from doing any laundry until the water runs clear.

The public patience is greatly appreciated.

Press release:

The water department will have to shut the water off on Liberty Street from Main Street to Cherry Street to make repairs to a water main break. At this time there is no time frame on how long the water will be off. All efforts are being made to keep this time to a minimum.

As always when water is restored it may be discolored, please refrain from doing any laundry until the water runs clear.

The public patience is greatly appreciated.

Photos by Howard Owens

Daquan J. Butler, 25, of Liberty, is charged with criminal impersonation 2nd. Butler allegedly lied to police about his identity while officers were investigating a disturbance on Thorpe Street, Batavia, at 11:50 p.m., Dec. 25. Butler was also wanted on a warrant.  He was released on an appearance ticket.

Daniel P. Hinca, 26, of Ft. Meyers, Fla., is charged with felony DWI, driving with a BAC of .18 or greater, and failure to use designated lane. Hinca was stopped by a Batavia PD patrol at 1:32 a.m., Dec. 24, on East Main Street, Batavia. He was issued an appearance ticket.

Nicholas P. Knouse, 18, of Attica, is charged with criminal contempt 2nd. Knouse was allegedly found in possession of a rifle in violation of an order of protection at 3:07 p.m., Dec. 20. He was issued an appearance ticket.

Paul A. Inostroza, 31, of Rochester, is charged with criminal contempt 2nd and aggravated harassment 2nd. Inostroza is accused of violating an order of protection following an incident on Dec. 11 and of leaving threatening voice mails. He was arrested at City Court on Dec. 23 and issued an appearance ticket.

Marvin K. Barber, Jr., 36, of Batavia, is charged with disorderly conduct. Barber was allegedly involved in a fight inside a business in Batavia on Nov. 25 at 11:30 a.m. He was arrested on Dec. 23 and issued an appearance ticket.

Eric J. McGill, 38, of Batavia, is charged with disorderly conduct. McGill is accused of being involved in a fight inside a Batavia business on Nov. 25.  He was arrested on Dec. 21 and issued an appearance ticket.

Richard G. Hafford, 43, of Batavia, is charged with criminal mischief 4th and harassment 2nd. Hafford was allegedly involved in a fight at a location on East Main Street, Batavia, at 2:21 a.m., Nov. 12. He was arrested on Dec. 23 and issued an appearance ticket.

Timmy L. Taylor, 47, of Batavia, is charged with petit larceny, grand larceny 4th, and aggravated unlicensed operation. Taylor is accused of stealing a mobile phone and a vehicle from a person and then operating that vehicle on a revoked license. Taylor was issued an appearance ticket.

Michael J. Robbins, 62, of West Main Street, Batavia, is charged with petit larceny.  Robbins is accused of stealing $83.13 in merchandise from Walmart at 7:35 p.m., Dec. 30.  He was issued an appearance ticket.

Joseph Owen Hutt, 32, of Donlin Drive, Rochester, is charged with DWI and speeding. Hutt was stopped at 7:22 p.m., Dec. 29, on Route 33, Byron, by Sgt. Mathew Clor. He was issued traffic tickets.

Lisa M. Grasby, 50, of Le Roy, is charged with petit larceny. Grasby was arrested by State Police in connection with an incident reported at 10:12 a.m., Dec. 24, in the Town of Batavia. She was issued an appearance ticket. No further details were released.