batavia

Sgt. Greg Kellogg, Le Roy PD, and troopers Ben Hersee, Stephanie Grimaldi and Bill Franz, show off some of the toys collected at Target today for the annual Stuff the Cruiser event.

Local law enforcement gathers for the event each year to collect donations for children who might not otherwise fund many presents under their Christmas trees. Besides Le Roy PD and State Police, participating this year were the Sheriff's Office, Batavia PD, Corfu PD, GC Probation Department, and the Department of Environmental Conservation.

Brooke Fisher, 5, drops off a toy with Le Roy PD Officer CJ Miller and Sgt. Thomas Sanfratello, Sheriff's Office.

Photo submitted by Greg Kellogg of the final haul of presents.

Patrick Hager, with American Legion Post 637 in Strykersville, helps deliver meals from the Original Red Osier Landmark Restaurant to residents and staff at the VA Hospital in Batavia on Thursday. Veterans in Wyoming County raised $2,100 to pay for 175 meals.

View this listing: 42 Redfield Parkway, Batavia, click here.
View this listing: 40 N. Lyon St., Batavia, click here.
View this listing: 7575 S. Pearl St., Oakfield, click here.
View this listing: 6484 Route 262, Bryon, Batavia, click here.

While it's too early to say that a series of brush fires next to buildings at 29 Liberty St. in the City of Batavia were deliberately set, said Chief Stefano Napolitano, the fires do deserve closer scrutiny.

City fire and Batavia PD are working together on an investigation.

The property is a long narrow band with a trailer on it -- like a long trailer used at construction sites -- and the fires were several yards apart on the property.

"With fires at multiple locations, it warrants an extremely closer look," Napolitano said.

The investigation will also try to determine if the Liberty Street fires are linked to a dumpster fire at School and Cedar streets earlier today.

Out at the scene this evening, Napolitano was overheard talking with a police officer about the unusual number of brush fires in the area for November. We asked him about it later.

There were fires today in Alabama, Oakfield, Pavilion and Darien.

"I can't speak for other chiefs but in my 35 years (in the fire service), I don't remember a November 20th with this kind of temperature and dry conditions," Napolitano said. "Maybe when I was younger, I didn't notice it, but now I can feel it in my bones."

He said its really not a good time for one last bonfire or to burn things.

He praised the response of his team. The firefighters protected nearby buildings from the fire and got it out quickly.

Previously: Brush fire reported on Liberty Street in the city

Video by Rick Hale.

Tomorrow's “Stuff the Cruiser" event (Nov. 21^st) will be held from 10 a.m. to 2 p.m. at the parking lot outside Target in Towne Center at Batavia on Veterans Memorial Drive.

Multiple local law enforcement agencies* as well as the Rotary Club of Batavia will be attending to collect unwrapped toys, new clothing and nonperishable food to distribute back into Genesee County families in need this holiday season.

All donations stay in Genesee County.

*Participating local law enforcement agencies are: Village of Le Roy Police Department, Genesee County Probation Department, Genesee County Sheriff's Office, and City of Batavia Police Department.

A brush fire is reported next to a "primary care" building at 29 Liberty St. The location is between School and Ellicott streets. City fire is responding.

UPDATE 4:42 p.m.: The fire was next to an abandoned trailer. Fire is out; doing overhaul.

UPDATE 5:37 p.m.: City Fire is back in service.

Photo by Rick Hale.

Video by Rick Hale.

Masses this weekend at Resurrection Parish in Batavia are cancelled due to some individuals that came to a funeral at St. Joseph's last week.

Here's a note from Rev. Ivan R. Trujillo, pastor at Resurrection RC Parish, Batavia:

I regret having to advise our parishioners that I am taking a pre-emptive measure and cancelling our weekend Masses for Nov. 21^st and 22^nd, as well as on Thanksgiving Day, Nov. 26^th. Weekend and Thanksgiving Masses will be online through Facebook and our website as usual.

We have been notified by the Health Department that five members of a family attending a funeral last week have tested positive for COVID-19.

As we have been strictly following all of the recommended guidelines by the State and our Diocese -- such as wearing masks, social distancing, limiting the number of people attending, movement around the church, and disinfecting the entire interior of the church after EVERY Mass -- I believe we are doing the best we can to stay safe.

In addition, we have notified the Diocese regarding our situation. However, we cannot know for certain that everyone entering our church is healthy.

We will be temporarily closed to have some extra cleaning done and continue to disinfect every day (even though no one will be in the church).

I hope everyone will feel comfortable returning to Mass on the (Nov.) 28^th.

Sincerely,

Fr. Ivan

Daquan J. Butler, 24, of Kosciuskio Street, Brooklyn, is charged with: harassment; endangering the welfare of a child; and fourth-degree menacing. At 2:26 p.m. on Nov. 13, Butler was arrested by Batavia Police Officer Peter Post after a domestic incident at a motel on Oak Street in the City of Batavia. Butler allegedly damaged a hotel door during the incident, then kicked a woman while in the presence of children. He was issued an appearance ticket and is due in City of Batavia Court on Dec. 1.

Kyle Douglas Clark, 30, of Fletcher Street, Tonawanda, is charged with second degree harassment -- physical contact. It is alleged that at 1:30 a.m. on Nov. 15 at a hotel on Park Road in Batavia that Clark pushed a staff member during an altercation. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Nicholas Chamoun.

Ridge A. Bono, 29, of Williams Street, Batavia, is charged with obstructing emergency medical services. On Nov. 17, following an medical emergency at 10:40 p.m. Nov. 16 on West Main Street in Batavia, Bono was arrested on the charge. He was issued an appearance ticket to be in Batavia City Court on Dec. 15. The case was handled by Batavia Police Officer Jonathan Dimmig, assisted by Sgt. Andrew Hale

Randy K. Wilmet, 43, of Debra Lane, Buffalo, is charged with third-degree menacing. Wilmet was arrested at 10:58 a.m. on Nov. 12 after a report of a disturbance on East Main Street in Batavia. Wilmet was issued an appearance ticket and is due in Batavia City Court on Dec. 1. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Floyd Spencer Connolly, 32, of Broadway Road, Bethany, is charged with trespass. Connolly was arrested at 3:08 p.m. on Nov. 12 on East Main Street in Batavia after a disturbance was reported. He was given an appearance ticket and is due in Batavia City Court Dec. 1. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Woodrow C. Horseman, 44, of West Main Street Road, Batavia, is charged with trespass. Horseman was arrested at  3:08 p.m. on Nov. 12 on East Main Street in Batavia after a disturbance was reported. He was given an appearance ticket and is due in Batavia City Court Dec. 1. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Nya Thomas, softball standout at Notre Dame High School, has signed with Genesee Community College. Thomas is the daughter of Otis and Nicole Thomas.

Photo*: Teagyn Thomas, Nya Thomas, Nicole Thomas, Gunnar Thomas; Back row. JC Kabel Edge (her coach on her travel team), and Mike Rapone, ND's athletic director.

*Otis Thomas was in quarantine and couldn't attend the signing.

Submitted photo and information.

There were no injuries in a two-car accident at 5:35 p.m. at East Avenue and Vine Street, Batavia. A State trooper happened to be in the neighborhood and rolled up on the accident right after it happened.

Press release:

The Holland Land Office Museum's Wonderland of Trees sponsored by Tompkins Bank of Castile will occur from Nov. 20th to Dec. 31st.

This year there will not be an opening night kickoff event. All the wonderful decorated trees can be viewed during the museum's normal business hours of Tuesday through Saturday 10 a.m. to 4 p.m.

Museum visitors will be limited to 25 at a time.

Masks and social distancing protocols are required.

A basket raffle will also take place until Dec. 18th when the winners will be drawn.

Musical concerts will be performed by the Genesee Symphony Orchestra on the evenings of Dec. 4, 11, and 18, with a limited audience of 12 Preregistration is required. The concerts will also be broadcast live for all to experience.

Normal museum admission rates will apply. For more information visit hollandlandoffice.com or call the museum at (585) 343-4727.

Carlton Burrows is indicted for the crime of reckless endangerment in the first degree, a Class D felony. It is alleged that on July 14 on Veterans Memorial Drive in the Town of Batavia that, with a depraved indifference to human life, Burrows recklessly engaged in conduct that created a grave risk of death to another person: driving a motor vehicle at a NYS Trooper. In count two, he is accused of second-degreee reckless endangerment, a Class A misdemeanor, for engaging in conduct that created a substantial risk of serious physical injury to another person: driving at a Batavia City Police patrol vehicle. In count three Burrows is accused of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged that on that day he knowingly possessed stolen property that exceeded $100 in value: a 2008 Chevrolet Impala. In count four, Burrows is accused of unlawfully fleeing a police office in a motor vehicle, 3rd, a Class A misdemeanor. It is alleged in count four that, knowing he had been directed to stop his vehicle by a police officer or a marked police vehicle with activated lights and/or sirens, he attempted to flee at speeds of 25 mph or more. In counts five and six, he is accused of obstructing governmental administration in the second degree, a Class A misdemeanor, for refusing to provide a DNA sample and fingerprints, respectively. In count seven, Burrows is accused of speeding for driving on Veterans Memorial Drive in excess of the maximum speed limit for that roadway.

Justin T. Gladney is indicted for the crime of first-degree rape, a class B violent felony. It is alleged that on June 2 or 3, in the City of Batavia that he engaged in sexual intercourse with a person by forcible compulsion. In count two, Gladney is accused of second-degree rape, a Class D violent felony. It is alleged that Gladney, being age 18 or more, engaged in sexual intercourse with a person age 15 or less on June 2 or 3 in the city. In count three, he is accused of possessing a sexual performance by a child, a Class E felony. It is alleged in count three that on June 6 he had in his possession content that included the performance of sexual conduct by a child less that 16 years old. In count four, Gladney is accused of the crime of endangering the welfare of a child, a Class A misdemeanor, for knowingly acting between June 2 and 6 in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old while in the City of Batavia.

Dillen A. Merrell is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on June 7 at 8:33 p.m. in the Town of Pavilion that Merrell drove a 2009 Chevrolet on Transit Road while he was intoxicated. In count two, he is accused of second-degree vehicular assault, a Class  E felony, for driving while intoxicated that evening and operating the vehicle in such a manner that caused serious physical injury to another person. In count three, Merrell is accused of misdemeanor reckless driving for driving that date in a manner which unreasonably interfered with the free and proper use of a public roadway. It is alleged in count three that Merrell, while impaired by alcohol, drove in the middle of Transit Road while impaired by alcohol, narrowly missing a collision with oncoming vehicles that were operating lawfully. In count four, Merrell is accused of refusing to submit to a breath test when asked to do so by a deputy, a violation of vehicle and traffic law. In count five, the defendant is accused of consuming or possessing alcoholic beverages in a motor vehicle, a violation of vehicle and traffic law. In count six, Merrell is accused of moving from lane unsafely, another VTL violation, that evening in Pavilion.

Robin S. Brooks is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on July 17 in the City of Batavia Brooks, acting with intent to cause serious physical injury to another person, caused such injury by means of a dangerous instrument -- a door. In count two, Brooks is accused of another account of first-degree assault, for committing the same crime by the same means -- a door -- on July 27 in the City of Batavia. In count three, Brooks is accused of second-degree assault, a Class D violent felony, for intentionally causing serious physical injury to a person on Sept. 1 in the City of Batavia. In a separate indictment, Brooks is accused of first-degree criminal nuisance, a Class E felony. It is alleged in the second indictment that between May 17 and June 30 while on Hutchins Place in the City of Batavia, that Brooks knowingly conducted or maintained a place where people came to engage in the unlawful sale of controlled substances and thereby derived the benefit of this conduct.

Andrew L. Kosiorek is indicted for the crime of first-degree assault, a Class B violent felony. It is alleged that on June 17 that with intention to cause serious physical injury to a person, he did so by means of a dangerous instrument -- footwear. In count two, he is indicted for fourth-degree criminal mischief, a Class A misdemeanor. It is alleged in count two that on that day he intentionally damaged property belonging to another person -- a surveillance camera on the first floot of a building on Highland Park in the City of Batavia.

Shane H. Zimblis is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on June 10 on Bank Street in the City of Batavia that Zimblis violated an order of protection by striking, shoving or otherwise subjecting a protected party to physical contact, or threatening to do so. In count two, Zimblis is accused of second-degree criminal contempt, a Class A misdemeanor, for violating an order of protection by sending electronic messages to the protected party. In count three, the defendant is accused of attempted robbery in the third degree, a Class E violent felony, for attempting to forcibly steal property from the protected party. In count four, Zimblis is accused of second-degree harassment. It is alleged in count four that on that same day on Bank Street, that Zimblis struck, shoved, kicked or otherwise subjected the same victim to physical contact.

Danielle R. Tooley is indicted for the crime of criminal possession of stolen property in the fourth degree, a Class E felony. It is alleged on in late February while on South Main Street in the City of Batavia that she knowingly possessed stolen property with the intention of benefitting herself -- a Syrchony credit card. In counts two and three, she is accused of the same crime for allegedly possessing a Citi Simplicity credit card and a Chase credit card, respectively. In counts five and six, Tooley is accused of the same crime for allegedly possession a Discover Business credit card and a Le Roy Sports Boosters debit card, respectively. In counts seven and eight, she is accused of the same crime for allegedly possessing two Five Star Bank credit cards. In count eight, she is accused of criminal possession of stolen property in the fifth degree, a Class A misdemeanor, for allegedly possessing a purse and its contents that did not belong to her.

Judd A. Farewell Jr. is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on May 31 on Coe Avenue in the Village of Oakfield that Farewell stole property having a value exceeding $3,000 -- a 2020 Viper Red Can Am four-wheeler.

Leonard L. Henry is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Oct. 19 in the Town of Batavia that Henry stole property from Kohl's department store having a value in excess of $3,000: amounting to $3,945. In count two, District Attorney Lawrence Friedman accuses Henry of fifth-degree conspiracy, a Class A misdemeanor, for agreeing with one or more persons to engage in conduct that constituted a felony.

Laura M. Lashomb is indicted for the crime of driving while intoxicated as a Class E felony. On Feb.1 in the Town of Bergen it is alleged that Lashomb drove a 2014 Nissan on Interstate 490 while intoxicated. In count two, she is accused of DWI, per se, as a Class E felony, for having a BAC of .08 or more at the time. In count three, she is accused of moving from lane unsafely, a violation of vehicle and traffic law. In Special Information filed by District Attorney Lawrence Friedman, Lashomb is accused of having been convicted of DWI, as a misdemeanor, on July 11, 2013 in Buffalo City Court and that conviction was within 10 years of the crimes alleged in the current indictment.

Richard A. Dekenipp is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on July 19 at the Genesee County Jail in the City of Batavia that he knowingly and unlawfully sold a narcotic drug -- suboxone. In count two, he is accused of promoting prison contraband in the second degree, a Class A misdemeanor, for allegedly knowingly and unlawfully introducing contraband -- suboxone -- into a detention facility.

Michael S. Tomaszewski, already facing multiple felony charges for allegedly misappropriating money from customers, has now officially been accused of mishandling the remains of an Army veteran in 2018.

Tomaszewski has been charged with offering a false instrument for filing and also of violation of Public Health Law 4200 for allegedly not burying a dead person's body within a reasonable period of time.

Peter Vandetta, a 20-year Army veteran, died in April 2018. Coroner Jeff McIntire fielded a complaint from the estranged stepdaughter of Vandetta in January 2019 about the whereabouts of Vandetta's remains.

The Sheriff's Office then became involved in the investigation.

It's alleged that Tomaszewski stored the body for 264 days at his facility on West Main Street, Batavia, from April 2018 to January 2019.

Tomaszewski also filed a death certificate indicating the body was buried at a specific cemetery on a specific date. It's alleged that information was not truthful. 

The Sheriff's Office said in a release today that Vandetta's remains did subsequently receive a proper burial.

Tomaszewski was issued an appearance ticket for both charges. He is scheduled to appear on the charges in Town of Batavia Court on Dec. 3 and Town of Oakfield Court on Dec. 7.

In June, Tomaszewski was arrested following a lengthy investigation into claims that he was using money paid to him for pre-arrangements for other purposes. He faces more than 100 criminal charges.

Tomaszewski and his company Acme Holdings are in the midst of federal bankruptcy proceedings and his former funeral home property and catering facility are for sale.

Previously:

• Local funeral director charged with stealing money from customers
• Fifteen new charges brought against funeral director Michael Tomaszewski
• Sheriff's Office looking into a report that Tomaszewski improperly handled stillborn baby's remains
• Darien Center couple would like the truth from Tomaszewski about what happened to their daughter's remains
• People who think they were defrauded by Tomaszewski should hire an attorney with expertise in bankruptcy, advises law professor

Press releases from St. James Episcopal Church:

Due to COVID-19, the third annual Basket Raffle at St. James church is cancelled that was planned for this Friday (4 to 6 p.m.) and Saturday (10 a.m. to 2 p.m.).

However, the drive-thru Pie Sale/Pickup is still a go! To pick up or buy pies, enter between H.E. Turner & Co. funeral home (403 E. Main St.) and the church (405 E. Main St.). We will meet you at your vehicle.

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Also St. James Episcopal Community Women (ECW) is selling tickets for chicken BBQ dinners.

The meal includes a half chicken, coleslaw and potato. They are prepared by Alex's Place  -- and to be picked up by you -- at the Alex's Take Out, located at the side of the restaurant at 8322 Park Road in Batavia. What a great holiday gift!

Tickets are $11 and are valid for an order phoned into Alex's Place for nearly a year -- until Nov. 15, 2021.

For tickets, please call Carol at (585) 343-5177 or the church office (585) 343-6802, ext. 1.

Community Action of Orleans and Genesee in Batavia is holding a free coat giveaway until 2 p.m. at its location at 5073 Clinton Street Road. There are also canned vegetables and hats available.

In the first 90 minutes of the giveaway this morning, people picked up more than 100 coats.

Photo: Walt Almeter, Darlene Almeter and Ariana Green are ready to hand out more coats today.

Joseph Allan Dean, 37, of Stringham Drive, Batavia, was arrested by the Genesee County Local Drug Task Force and members of the Batavia Police Department on Nov. 6. A Genesee County Court indictment warrant was issued for his arrest. According to the warrant, he is charged with two counts of criminal sale of a controlled substance in the third degree, a Class B felony, and two counts of criminal possession of a controlled substance in the third degree, also a Class B felony. His arrest concluded an investigation into the transportation, sale and possession of cocaine in and around the City of Batavia. At the time of his arrest, Dean was allegedly found in possession of cocaine and other controlled substances. He was additionally charged with: criminal sale of a controlled substance in the third degree with intent to sell, a Class B felony; criminal possession of a controlled substance in the third degree; possession of a narcotic drug -- one half ounce or more, a Class B felony; criminal possession of a controlled substance with intent to sell, a Class D felony; and two counts of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Dean was arraigned in Genesee County Court and Batavia City Court and then released on his own recognizance. He is due back in court on Dec. 7. The Genesee County District Attorney's Office assisted in the investigation.

Kyle Douglas Clark, 30, of Fletcher Street, Tonawanda, is charged with second-degree harassment -- physical contact. At 1:30 a.m. on Nov. 15, Clark was arrested on Park Road in Batavia. It is alleged that Clark physically abused a staff member after an altercation at a hotel on Park Road. He was issued an appearance ticket and is due in Batavia Town Court on Dec. 9. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Nicolas Chamoun.

Toby Matthew Cappotelli, 39, of Beadle Road, Brockport, is charge with: Felony driving while intoxicated; felony DWI with a BAC of .18 percent or more; moving from lane unsafely; aggravated unlicensed operation in the second degree; and open container of alcohol in a motor vehicle; and speed not reasonable and prudent. He was arrested at 4:42 p.m. on Nov. 16 on North Street Road, Le Roy, after an investigation into a single-vehicle accident. He was issued traffic tickets returnable to Le Roy Town Court on Dec. 1. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Andrew Hale.

The Genesee County Chamber of Commerce is pleased to announce the availability of a new Ellicott Trail Brochure Map.

“The Chamber has received numerous requests this year for a printed map of the new trail, so our office worked with Town of Batavia officials to make it available, in print and online, said Kelly Rapone of the Chamber. 

The 10-foot wide crushed stone multiuse recreational trail officially opened in July and has been created on 4.9 miles of old railroad beds, city streets, sidewalks, bike lanes and bridges.

The trail was a joint project involving the City of Batavia, the Town of Batavia and the New York State Department of Transportation and connects recreational, historical and residential areas and crosses the Tonawanda Creek.

“We are very happy with the public support that the trail has received,” said Town Councilman Chad Zambito. “I’ve heard many positive comments and our residents have really gotten out to take advantage of it.

"I’d like to personally thank all of those involved in its creation and thank the Chamber for promoting this community asset in a number of ways, including the website and new map.”

The brochure was designed by Matt Steinberg of Corfu’s Quackenstein Design and funded by area business sponsors, including Batavia Footcare Center, Bob Marchese, DDS, Licata Chiropractic & Wellness Center, Mancuso Commercial Realty and Tahoe Pines Wellness Center. 

Those interested in a printed brochure can pick up their free copy at the Chamber’s Visitor Center at 8276 Park Road, Batavia. The Visitor Center’s vestibule is open 24 hours for access to this and other area brochures.

It will also be available at the Town of Batavia office at 3833 W. Main Street Road, Batavia once it is reopened to the public. 

The brochure information is also available online at EllicottTrail.com.

Press release:

The Genesee County Health Department has received a positive COVID-19 test from an individual who was at The Harvester tavern in Batavia last week Nov. 8th through the 14th. Contact tracing is in progress; however unidentified individuals may have unknowingly been in contact with the positive case.

We advise all individuals who were at The Harvester anytime last week to monitor their symptoms for 14 days. If symptoms of COVID-19 develop, contact your primary care provider to seek testing immediately and self-isolate until you receive your test results.

Symptoms of COVID-19 include but are not limited to: fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, diarrhea.

For more information please visit: https://coronavirus.health.ny.gov/home.

The Harvester is a tavern located at 105 Harvester Ave., Batavia.