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Law and Order: Pair of Batavia men arrested on felony drug charges

By Billie Owens

Anthony J. Welch aka "Science," 40, of East Main Street, Batavia, is charged with criminal sale of a controlled substance in the third degree, a Class B felony, and criminal possession of a controlled substance in the third degree, also a Class B felony. It is alleged that Welch sold a quantity of crack cocaine to an agent of the Genesee County Local Drug Task Force, comprised of officers from the GC Sheriff's Office and Batavia Police Department. Welch was taken into custody during a traffic stop on Clinton Street Road in the Town of Stafford (date and time not provided). He also had a bench warrant out of Genesee County Court for pending drug charges from last May. He was arraigned in county court, then released under supervision of Genesee Justice. The task force was assisted by uniformed deputies, a NYS officer from the Department of Environmental Conservation, and the DA's office.

Stephen Richard Hart, 34, of Cedar Street, Batavia, is charged with: criminal possession of a controlled substance in the third degree -- with intent to sell; criminal possession of a controlled substance in the fourth degree; speeding in excess of 55 mph. At 10:46 a.m. on March 21, Hart was arrested after a traffic stop on Route 33 in the Town of Bergen. It is alleged that he possessed one or more preparations of a narcotic drug with an aggregate weight of one-eighth ounce or more, with intent to sell it. He was arraigned in Bergen Town Court and released on his own recognizance. He is due in Genesee County Court on May 5. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

PR specialist for City Schools retiring after 25 years of keeping community informed

By Howard B. Owens

Kathie Scott, holding the certificate in the photo above, was honored by the city schools' Board of Trustees at its meeting Monday night as she nears the end of her 25-year career with the district.

Scott, who holds a degree in public relations from the University of Dayton, came to the district from BOCES and handled public relations and as social media came along started handling much of the district's official social media presence. 

Superintendent Anibal Soler said no decision has been made on how that role will be filled in the future.

Asked what she will miss most about the job, she said: "Two of my favorite parts of the job were, one, being able to highlight all students and staff in everyday learning as well as the achievements of particular individuals; and two, the changes in the way we communicate has provided so much opportunity to grow and diversify skills. The first – highlighting students and staff – is the part I’ll miss. The other – learning and growing – I can continue to do even though I’m leaving BOCES."

As for what's next, she said, "I’m not sure! I’ve been tossing around ideas, including the same or similar work, but no set plan has crystallized, partly because I’ve been busy trying to finish up projects. I can never sit still though, so I’m excited about the next phase or adventure -- whatever it might turn out to be!"

Photo courtesy Anibal Soler.

Northgate church and Arbor House detail their Holy Week plans and you're invited

By Press Release

Press release:

Northgate Church, with two campuses in Batavia, is planning to host the majority of its events live during Holy Week. Palm Sunday, a tradition marking the beginning of Holy Week, will be celebrated at both campuses. Northgate (8160 Bank Street Road) will have services at 6 p.m. Saturday, March 27, and Sunday, March 28 at 9:30 and 11 a.m. Arbor House (Northgate’s South Campus - 350 Bank St.) will be welcoming people at 10:00am on Sunday. 

Thursday, April 1, from 5:30-7:30 p.m., the Northgate Kids program is inviting children, preschool through fourth grade, to their Flashlight Scavenger Egg Hunt. This is a fun, new twist to the traditional Easter egg hunt! Kids will become kid-tectives as they solve puzzles and hunt for clues in the dark, which reveal what – or who – Easter is all about! We are asking that families limit themselves to one parent per family, if they wish to attend with their children. Any questions can be directed to our Children’s Ministry Director, Leah Lennon, at leah@northgatefmc.com 

Also on April 1 at 7 p.m., Arbor House will be co-hosting, with The Salvation Army, a virtual Seder. The Seder is a dinner/service that centers on the story of the Exodus and the Passover. 

Everyone is welcome to join us from their homes for the Seder. The Salvation Army is putting together a box of supplies for those who would like to participate, but you will need to register to receive one of these boxes. Registration will be available until the weekend of Palm Sunday, March 28. The box of supplies will be available for pick up starting at 10 a.m. on April 1. The virtual Seder will start at 7 p.m. on the Northgate, Arbor House, and The Salvation Army Facebook pages. If you have any questions, email Pastor Chris at chris@northgatefmc.com.

Arbor House will offer a Good Friday service in person at 7 p.m. April 2. During this service we will reflect on Christ’s suffering and the price he paid to free us from our sin. All are welcome. 

Saturday, April 3, Northgate will begin Easter weekend, celebrating the resurrection of Jesus, with a service at 6 p.m. Sunday, April 4, Northgate’s services at the North Campus (8160 Bank Street Road) will include an outdoor sunrise service at 6:30 a.m., followed by services at 8, 9:30 and 11 a.m. Arbor House will be hosting their service at 10 a.m. 

Weekend services are available to livestream at northgatefmc.com, facebook.com/northgatefmc and facebook.com/arborhousefmc, respectively. 

Everyone is welcome to join and we kindly request that you preregister for the events you plan on attending. Registration is possible by visiting northgatefmc.com, emailing office@northgatefmc.com or calling the office at 343-4011.

All events are free to attend. COVID-19 safety measures are in place at Northgate, and masks are required. We can’t wait to celebrate Easter with you!

Brush fire reported off of South Jackson Street, Batavia

By Howard B. Owens

A brush fire is reported off of South Jackson Street and South Swan Street in Batavia.

Dispatch has been asked to notify CSX and slow trains passing through the area.

South Jackson is being shut down.

UPDATE 3:22 p.m.: The city's fourth platoon is called to fire headquarters on Evans Street.

UPDATE 3:38 p.m.: City fire is picking up. CSX can go back to normal traffic.

Throughout the fire area were pieces of a toilet, as if it exploded. It's unclear if it's related to the fire. The cause of the fire is under investigation.

Suspect in firearms incident Sunday morning also charged in Sept. 9 high-speed chase

By Howard B. Owens
     Charles Jackson

A man evading a traffic stop in Stafford on Sept. 9 may have been able to outrun a Motorola* that day but police believe they've caught up with him after arresting a suspect in a firearms incident Sunday morning in the City of Batavia.

Charles L. Jackson, 26, of Garson Street, Rochester, faces multiple criminal charges stemming from Sunday's incident as well as the Sept. 9 incident. 

Sunday's incident began at 2:28 a.m. at the Speedway gas station at the corner of Main and Oak streets with the report of a person "not acting normal." Batavia police officers arrived on the scene and found three people inside a vehicle. An officer reported spotted a firearm inside the vehicle and when the officer attempted to secure the weapon a struggle ensured. The officer discharged his service weapon. 

Nobody was hit by the bullet or bullets.

The driver of the vehicle, later identified as Jackson, was able to free himself and flee in the vehicle, leading police on a high-speed chase the ended when the vehicle crashed on Woodland Drive in the Town of Batavia. Jackson and two other occupants were then taken into custody without further incident.

The only injuries sustained as a result of the confrontation were to Jackson and the other occupants of the vehicle, who have not been identified by law enforcement.

Jackson was taken into custody by Sheriff's deputies and charged with criminal possession of a weapon, 2nd, and two counts of criminal possession of a weapon, 3rd (he allegedly possessed large-capacity magazines). He was arraigned in Batavia City Court and ordered held on $25,000 cash bail or $50,000 bond.  

The other occupants of the vehicle have not been charged.

Following his arrest, Jackson was identified as the suspect in the Sept. 9 chase, which started with a traffic stop in the Town of Stafford where a deputy allegedly observed marijuana in the vehicle. The driver in that case fled and allegedly hit speeds over 100 mph. The driver made it to Route 490 and fled toward Monroe County and exited at Brooks Avenue and with apparent damage to the vehicle slowed to 30 to 40 mph before stopping. The driver fled on foot and was able to evade capture.

In that incident, Jackson is charged with two counts of reckless endangerment, unlawful fleeing a police officer, obstructing governmental administration, and criminal possession of a controlled substance, 7th. On those charges, Jackson was arraigned in Town of Stafford Court and released on his own recognizance.  

Chief Shawn Heubusch, Batavia PD, said any charges related to the incident in the city are being incorporated in the Sheriff's investigation.

The investigation is ongoing and additional charges are possible.

*Editor's note: *New York lexicologist / etymologist / linguist Barry Popik says "you can't outrun a Motorrola" is a version of the law enforcment saying "you can't outrun a police radio."

Blue Devils bust out against Bishop Kearney for 36-12 victory

By Howard B. Owens
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The Blue Devils got their pandemic-shuffled season off to a hot start on a cold spring night at Van Detta Stadium on Saturday beating Bishop Kearney/Rochester Prep/Rochester Academy 36-12.

Batavia didn't let a slow start -- negative three yards on their first set of downs -- slow them down.

Jesse Reinhart was 10-16 passing for 157 yards and two TDs.

Terrez Smith rushed for 125 yards on 25 attempts and scored two TDs.

Jayden Osborne also had a TD on 59 yards over nine carries.

In receiving, Aidan Anderson had two catches for 57 yards and a TD, Tyler Budziniack had two receptions, 39 yards and a TD, while Alex Hale caught three passes for 39 yards to go along with a couple of interceptions on defense.

Photos by Jim Burns.

Officer discharges weapon, pursuit follows, suspect injured in crash

By Press Release

Press release:

At approximately 2:30 a.m. Sunday, March 21, officers with the City of Batavia Police Department responded to the Speedway gas station, located at 204 W. Main St. The officers were called to check the welfare of individuals reported to possibly be under the influence of drugs and “not acting right.” Upon arrival officers located three individuals and a vehicle. 

The officers made contact with an individual and observed a handgun in plain view inside the vehicle and within reach of the occupant(s). The officer attempted to secure the handgun, at which time a struggle occurred between the officer and a male occupant. 

During the struggle, an officer discharged their duty-weapon at the suspect. Neither the suspect or the officers were struck during the incident. 

The suspect broke free from the struggle and proceeded to lead police on a pursuit through the City of Batavia and into the Town of Batavia. Additional City of Batavia police officers joined the pursuit, along with deputies from the Genesee County Sheriff’s Office. 

The suspect vehicle crashed on private property near Woodland Drive in the Town of Batavia. The male suspect and two other individuals were taken into custody at the scene of the crash without further incident. Officers recovered a gun at the scene of the crash. 

The male suspect was taken to RRH-UMMC for treatment of injuries sustained from the crash. No civilians or passersby were injured as a result of the incident.

The incident is being investigated by the City of Batavia Police Department. The discharge of the duty weapon and the incidents that took place outside of the City of Batavia are being investigated by the Genesee County Sheriff’s Office.

As information becomes available the City of Batavia Police Department will release it.

Head-on collision at Main and Bank in the city

By Billie Owens

A head-on collision between two vehicles is reported in Downtown Batavia at the intersection of Main and Banks streets. Unknown injuries. City fire and police are on scene.

UPDATE 2:27 a.m.: This was not a head-on collision; it was a T-bone. One vehicle struck the driver's side passenger door of another vehicle.

UPDATE 2:30 p.m.: Engine #11 is back in service.

UPDATE 2:34 p.m.: No injuries. A white Ford Edge, which is a mid-size crossover SUV, was struck by a white four-door Subaru and the Subaru has heavy front-end damage.

UPDATE 2:42 p.m.: City police Sgt. Mitch Cowen said video of the collision captured by a camera the covers the intersection was provided to BPD by a citizen will be reviewed to determine what happened and whether any citations will be issued.

Caller reports dog locked in vehicle for a half hour outside of Target

By Billie Owens

A caller to dispatch says a dog has been locked inside a vehicle for a half hour outside the Target store in Batavia "near the hotel sign." An officer is responding.

UPDATE 1:52 p.m.: "Spoke to the owner of the dog; the dog is safe," the officer tells a dispatcher. "En route to the shelter."

Remains of another body recovered at Tomaszewski funeral home

By Howard B. Owens

The Sheriff's Office has recovered the remains of another person apparently turned over to Michael S. Tomaszewski Funeral Home and Cremation Chapel for interment.

Chief Deputy Joseph Graff said no other information about the recovery will be released at this time. The case is under investigation and Graff said there will be a press release about the case if new charges are filed against Michael Tomaszewski.

Tomaszewski is already facing criminal charges for an alleged failure to properly bury the remains of a military veteran along with more than 200 criminal charges for allegedly misappropriating funds deposited with his business by families expecting to make prearrangments for funerals. The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

There was also an allegation last year that Tomaszewski mishandled the remains of a baby but that case has never resulted in charges.

Graff said the discovery of the remains this week was the result of information provided to the Sheriff's Office by Tomaszewski's attorney. Tomaszewski is represented by Thomas Burns.

There is a plea offer pending for Tomaszewski and the defendant was expected to accept the plea at a hearing earlier this week but after an off-the-record conference with Judge Charles Zambito, the hearing was postponed until April 13.

This week, Tomaszewski's bankruptcy case was converted from a Chapter 11 (reorganization of debt) to a Chapter 7 (liquidation).

BHS grad credits his coach and a teammate with helping him succeed as a Marine

By Virginia Kropf

A Batavia Marine who never intended to join the military, has recently been promoted to Staff Sergeant (E6).

Terrence Irvin (inset photo left), son of Terrence and Priscilla Irvin, of Batavia, attained this latest rank after serving only seven years in the Marine Corps.

Irvin, a 2011 graduate of Batavia High School, credits his coach and mentor Nick Burk and jumper Ray Williams from his track and field team for the confidence to succeed as a Marine.

“Coach Burk helped me believe in myself,” Irvin said.

Passion & Perseverance

Irvin recalls a track meet at Rochester Institute of Technology in 2010.

“I’ll never forget it,” Irvin said. “It was during a long jump. I kept getting big jumps, but would foul. So I wanted to never jump anymore. I look back now and see Ray Williams limping with a knee injury, but still going out and jumping 20 feet, maybe more.

"To see his passion to win and physical toughness to jump through pain gave me the motivation I so desperately needed. At the same track meet, I went and high-jumped six feet, tying the school record at that time.”

Irvin also played basketball growing up.

After graduating from high school, he was going to join the Marines. But he had a cousin, James Reeves, who was already in the Marines and Irvin asked him about it.

“He said, ‘Do it.’ At that moment my decision was made. My uncle Shawn served in the Army in the early 2000s, but growing up, I never thought or wanted to be part of the military. I gave it a shot and it has worked out perfect for me.”

One of the Few and the Proud

Overall, the Marine Corps and its high standards have given him a greater sense of pride and purpose. Latin for “Always Faithful,” Semper Fidelis is the motto of every Marine — "an eternal and collective commitment to the success of our battles, the progress of our Nation, and the steadfast loyalty to the fellow Marines we fight alongside."

Irvin was assigned to the Security Guard detail for several government dignitaries in the Trump Administration, including the 45th President of the United States Donald J. Trump, former Vice President Mike Pence, former Secretary of State Rex Tillerson, followed by former Secretary of State Mike Pompeo, former Secretary of Defense -- retired Marine Corps Gen. James Mattis, former White House Chief of Staff -- retired Marine Corps Gen. John Kelly, and the late Sen. John McCain of Arizona.

Irvin also participated in multiple Color Guard ceremonies.

He has served in the Middle East, but says he doesn’t have a favorite detail.

All Business, No Excuses

“It’s all business,” he said. “I get a job and I go out and do it with no excuses.”

He plans to stay in the Marines until his body says it’s time to go, he said. 

His long-term goal is to team up with his cousin Darien and open a fitness/recreation center in Batavia. He thinks the area would welcome a facility with weights, cardio machines, mixed martial arts section, and a 200-meter indoor track above a large basketball court.

“During high school indoor-track season, it would help the next generation by having the right equipment on which to train, as well,” Irvin said. “Maybe we could have some basketball tournaments to reward the top players in the area. I think there is a lot of potential in that area.”

Below, Terrence Irvin, left, and a comrade ready to practice their marksmanship at a gun range.

Bottom, Terrence Irvin's certificate of promotion to Staff Sargeant in the Marine Corps on Feb. 1, 2021.

Photos courtesy of Terrence Irvin.

Previously: Local Marine part of security detail for Secretary of State while in Brussels

Law and Order: Warsaw Road man accused of allowing his dogs to bark habitually

By Billie Owens

Charles Lewis Hull Jr., 63, of 9460 Warsaw Road, Le Roy, is charged with allowing his dogs to bark loudly habitually, in violation of Le Roy Town Code Section 63-11 sub 3, according to a report from the Genesee County Sheriff's Office. Deputies responded to his home at 12:13 p.m. March 13 for an animal complaint, which alleges he allows his dogs to bark habitually thereby disrupting other citizens in the neighborhood. He was issued an appearance ticket to be in Le Roy Town Court at 1 p.m. on April 6. The case was handled by Deputy Zachary Hoy, assisted by Deputy Erik Andre.

Christine Michelle Jones, 33, of Hutchins Place, Batavia, is charged with third-degree grand larceny and offering a false instrument for filing in the first degree. She was arrested and arraigned in Genesee County Court on March 16, then released on her own recognizance. She is accused of filing an application for SNAP benefits on May 1, 2018 that either contained false information or omitted information, and as a result she received $17,197 in benefits that she was not eligible for. The investigation was completed by Genesee County Department of Social Services Investigator Robert Riggi and she was arrested by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Deputy Chad Cummings.

Trina Leigh Grimmer, 49, of Townline Road, Byron, is charged with third-degree grand larceny and six counts of offering a false instrument for filing in the first degree. She was arrested and arraigned in Genesee County Court on March 17, then released on her own recognizance. She is accused of filing applications for SNAP benefits that either contained false information or omitted information, and as a result she received $8,104 in benefits that she was not eligible for. The investigation was completed by Genesee County Department of Social Services Investigator Dakota Nicholson and she was arrested by Genesee County Sheriff's Sgt. Thomas Sanfratello.

Dawn Marie Puleo, 54, of Maple Street, Batavia, is charged with third-degree grand larceny and four counts of offering a false instrument for filing in the first degree. She was arrested and arraigned in Genesee County Court on March 16, then released on her own recognizance. She is accused of filing applications for SNAP benefits on Nov. 1, 2018 that either contained false information or omitted information, and as a result she received $4,555 in benefits that she was not eligible for. The investigation was completed by Genesee County Department of Social Services Investigator Robert Riggi and she was arrested by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Deputy Chad Cummings.

Erin Marie Rutoskey, 34, of Columbia Avenue, Batavia, is charged with fourth-degree grand larceny, fourth-degree criminal mischief, and fifth-degree conspiracy. At 7:52 p.m. on March 3, Genesee County Sheriff's deputies responded to Walmart in Batavia. After an investigation, Rutoskey was arrested for allegedly stealing property valued in excess of $1,000 and allegedly damaging property. She is due in Batavia Town Court on April 8. The case was handled by Deputy Kyle Krzemien, assisted by Sgt. Andrew Hale.

Angeline Ella Lorreine Escudero, 28, of Columbia Avenue, Batavia, is charged with fourth-degree grand larceny, fourth-degree criminal mischief, and fifth-degree conspiracy. At 7:52 p.m. on March 3, Genesee County Sheriff's deputies responded to Walmart in Batavia. After an investigation, Escudero was arrested for allegedly stealing property valued in excess of $1,000 and allegedly damaging property. She is due in Batavia Town Court on April 8. The case was handled by Deputy Zachary Hoy, assisted by Deputy Erik Andre.

Bankruptcy judge grants change of status for Tomaszewski

By Howard B. Owens

Rather than reorganizing his debt, Michael S. Tomaszewski, the local funeral director also facing more than 200 criminal charges, is now seeking to dismiss all of his debt.

Today U.S. Bankruptcy Court Judge Carl L. Bucki signed an order converting Tomaszewski's bankruptcy filing from Chapter 11, in which a judge helps debtors and creditors arrive at a repayment plan, to Chapter 7, which would allow Tomaszewski to liquidate most of his assets and have any debts not paid after liquidation discharged.

Tomaszewski, both personally, and his company Acme Holdings of New York filed for bankruptcy in Federal Court on Feb. 5. Combined, Tomaszewski lists $1,094,346 in assets against $3,242,390 in liabilities. 

That doesn't include any restitution he may be ordered to pay if convicted of the nearly 200 criminal charges he faces locally.

The 48-year-old funeral director and owner of Michael S. Tomaszewski Funeral Home and Cremation Chapel is charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services. He also charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny, and three counts of petit larceny.

According to the Sheriff's Office arrest report from July 23, Tomaszewski received deposits from customers ranging from $350 to $15,500. His customers allegedly suffered a combined loss of more than $525,000.

The bankruptcy filing for Acme Holding remains Chapter 11, but there has been no activity on that case since February.

Yesterday, Tomaszewski was expected to formally accept a plea deal in his criminal case but for reasons unstated in court, the defendant declined to proceed and was granted a continuance of his case until April 13.

Photo: Vaccine clinic visits Washington Towers

By Howard B. Owens

The Genesee County Health Department brought a COVID-19 vaccine clinic to Washington Towers today for residents who can't get to a vaccination site.  

Office for the Aging organized the clinic, Washington Towers staff registered residents online and the health department sent over the providers to administer the vaccines for up to 50 residents.

The residents received the Pfizer vaccine with a second dose schedule for early April.

The clinic set up at 400 Towers yesterday.

"We are so excited to finally be able to help our residents who don’t have internet access and/or transportation to go to an off-site location to get vaccinated," said Director Valerie Tidwell.

Batavia Downs donates lost and unclaimed funds to BPD K9 program

By Press Release

Press release:

On March 17th, a ceremony was held in the lobby at Batavia Downs Gaming as they donated $1,463.14 to the Batavia Police Department’s K-9 Unit.  The money was left at Batavia Downs and was turned into the police. When the money went unclaimed, Batavia Downs decided to donate that money to the Police Department’s K-9 Unit.

The money will be used to help fund the program, headed up by Officer Quider and K-9 Batu.

“We’re happy to help contribute to the K-9 Unit,” said Henry Wojtaszek, president and CEO of Batavia Downs. “It’s important for our local police department to have the resources they need to keep our community safe.”

“Public support and donations play a key role in the continuance of this worthwhile program," said Batavia Police Chief Shawn Heubusch. “These funds will be used to offset the cost of food, veterinary services, training, equipment and other K-9-related expenses.”

Photos by Howard Owens.

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