batavia

A pole and wires are down in front of 56 Harvester Ave. They are blocking traffic. A female is trapped in her vehicle there and wires are around the vehicle. City fire is responding.

UPDATE 2:18 p.m.: City police are asked to respond to direct traffic.

UPDATE 2:30 p.m.: The second platoon is asked to respond to city fire headquarters. It appears that a train accidentally yanked the pole and wires down and the train is stopped on Harvester, blocking the roadway.

UPDATE 2:34 p.m.: There are two power poles down, one on each side of the train tracks. There are also two vehicles draped with live wires, both occupied. The roadway is blocked by a cargo train hauling tank cars manufactured by the adjacent Graham Corp. It appears the cargo train snagged the wires, bringing down the poles.

UPDATE 2:47 p.m.: National Grid crews removed the wires and the drivers inside the trapped vehicles were able to back out of their predicament and move to safe locations.

UPDATE 4:29 p.m.: City Fire is clearing the scene, but Harvester remains barricaded.

(Photos by Howard Owens.)

Batavia resident, decorated Iraq War veteran, author and former congressional candidate David Bellavia (center) will be the emcee for the annual Bidding on a Brighter Future Gala at Genesee Community College on Sept. 19.

The annual event is a fundraiser organized by the Kiwanis Club of Batavia to benefit the Child Advocacy Center and Justice for Children. In its fifth year, organizers expect to cap the initial goal of raising $150,000 for a new CAC center. The CAC is now in quarters on East Main Street and the money may be used for rehabilitation of that facility.

The event is in the Forum starting at 5:30 p.m. and includes live, silent and basket auctions, entertainment and food. Tickets are $50 per person or $400 for a table of 10. 

To make a donation, become a sponsor or purchase tickets, visit GLOWGala.org.

With Bellavia in the photo, District Attorney Lawrence Friedman and CAC supervisor Anne Bezon.

Rebecca L. Santiago, 29, of Main Road, Stafford, is charged with possession of stolen property, 4th, and four counts of identity theft, 3rd. Santiago allegedly stole a credit card from a person under her care while working as a health care provider in Livingston County. She allegedly possessed and used the card while in the Village of Le Roy and other jurisdictions multiple times. Santiago turned herself in to Le Roy PD and was issued an appearance ticket. Santiago was also arrested by the Sheriff's Office and charged with criminal possession of stolen property, 4th, and identify theft, 3rd. She allegedly used the stolen credit card to make purchases at Walmart.

Eric H. Pannell, 44, of Buffalo, is charged with DWI. Pannell was arrested at the Crosby's Gas Station in Corfu. Troopers reportedly observed a vehicle at the station and initiated an interview with one of the passengers. During the interview, another passenger was reportedly seen tossing a beer can out of the car. A trooper allegedly detected the strong odor of alcohol coming from Parnnell, identified as the driver. He was subjected to a field sobriety test and allegedly failed. At SP Batavia's barracks, his BAC was allegedly recorded at .17, more than twice the legal limit. He was jailed on $500 bail. Citations were issued for allegedly consuming alcohol in a motor vehicle and for littering.

Nicholas Morath, 26, of Bullis Road, Elma, is charged with DWI, driving with a BAC of .08, unregistered motor vehicle and speeding (55 in a 35 mph zone). Morath was stopped at 11:15 p.m. Thursday on Route 77, Darien, by Sgt. Ron Meides.

Eric J. Merritt, 26, of Rose Road, Batavia, is charged with criminal trespass. Merritt allegedly forced entry into a dwelling on Bank Street Road at 2 a.m., Wednesday.

Deborah Elizabeth LaMartina, 34, of Ravine Street, Rochester, was arrested on a warrant for first degree aggravated unlicensed operation, DWI and criminal possession of stolen property, 4th. She was arraigned in County Court and ordered held without bail.

Jose Antonion Martinez, 45, of Broadway Road, Alden, is charged with second-degree harassment. Martinez was being held in the Erie County Jail on an unrelated matter and was arrested on a warrant upon his release. He was arraigned and released on his own recognizance.

Taken today while returning from the accident in Alabama.

A car is reportedly entangled in wires from a power pole on East Saile Drive in front of the Genesee County Airport. A transformer was yanked down, too. The wires are believed to be live. Town of Batavia Fire Department is responding.

UPDATE 6:45 p.m.: Command on scene says responding unit can go back in service.

Press release:

The City of Batavia Water Department will be repairing a broken water main today on State Street. State Street will be closed to traffic from Denio Street to the City line until repairs are completed.

There will be a water service interruption for residents from Denio Street to the City line. Other residents in the area may experience low water pressure or discolored water, which should return to normal once repairs are complete.

UPDATE 5:14 p.m.: DPW sent us an update 15 minutes ago that said water was restored on State Street after a leak was fixed and now they are working to repair the road.

Unnamed, unknown for months, and whose death is shrouded in mystery, an infant who may never have drawn a breath in this mortal world, was memorialized Wednesday night in a candlelight vigil in Austin Park.

There were words of compassion for Christina M. Colantonio, the 28-year-old Liberty Street woman charged with murder in the second degree even as the District Attorney's Office hedges on its claim of sufficient evidence to proceed with a criminal complaint, and greater compassion expressed for the female infant who may have been stillborn, or may have been killed by her own mother, but either way, whose birth was reportedly kept secret, her body hidden in her mother's apartment for about three months.

"Tonight, we're not just out here to remember a life that really didn't have that chance (to make a decision for Christ)," said Pastor Jason Norton. "We're not going to see her pretty face run and skip in this world, and we're not going to hear her pretty voice, and we're not going to experience her here.

"But people, I tell you, she has been received into the heavenlies. I tell you, if you want to know her, then just accept Jesus and believe in him and one day you also will be there and you'll be able to embrace her."

After Norton spoke -- the last of several speakers -- the 40 or 50 people gathered carried their lit candles over to Norton's church in City Center for a reception.

Norton said their candles represented a light in this world to battle the darkness.

"I believe with all of my heart that what we're doing tonight is just not to remember her precious life, and that's why we're here primarily, but we're also here to make a bold statement to our city. We're here to make a bold statement to this region, to this community, that darkness and evil shall not prevail and have its way in this area. Amen. (Amen.) We are making a bold declaration tonight."

Earlier, Pastor Tim Young called on those assembled to pray for Colantonio and her family.

"We're here today to encourage each other," Young said. "We're here to help the family, to give them comfort in this time of need, to help them in whatever we can, to love them, as Christ loves us.

"I encouage each and every one of you in whatever way you can to reach out to this family, to Christina, also, because this lady, woman, needs lots of prayer," Young added. "She needs lots of prayer. The family needs lots of prayer. We need to help and support them in any way we can."

Tammy Arneth, of All Babies Cherished, expressed concern that an expectant mother in the community might not know of the free resources her agency provides.

The agency can help new mothers with emotional support as well as material needs, all for free, but new parents are expected to take some classes through the program.

"It breaks my heart that maybe Christina didn't know to come to see us," Arneth said, adding later, "We had more than 900 visits last year alone and obviously that wasn't enough, because if somebody in this community doesn't know to come to us for services, then we're not doing the job."

The donated stuffed toys will be given to Batavia PD so officers can hand them out to children who might need the tender care they represent in times of crisis.

Attendees had a chance to sign cards for the baby's family.

Pastor Tim Young

Pastor Jason Norton

Tammy Arneth speaking.

Stephanie Armstrong with a closing song.

Officials continue to refuse media requests for an explanation of why Christina M. Colantonio was charged with murder before all of the evidence was available to law enforcement.

District Attorney Lawrence Friedman has not acknowledged a request for an interview e-mailed to him last night and Colantonio's attorney, Public Defender Jerry Ader, refused to accept a phone call from a reporter this morning. Calls to Batavia PD are being referred to the District Attorney's Office.

Meanwhile, Colantonio has been scheduled to appear in court at 10:30 a.m., Sept. 23, for what's known as a "call" appearance. A call appearance is a chance for the judge to be updated on the status of the case.

The 28-year-old Liberty Street resident was charged with murder in the second degree Saturday following the grisly discovery of an infant's body in an ice cooler in her home.  

She was released from custody yesterday after the DA's office admitted there wasn't sufficient evidence to hold her.

Friedman stated in a press conference Saturday, and reiterated in a press release yesterday, that Colantonio was arrested and charged based on evidence he wouldn't discuss and witness interviews. The charging document filed with City Court indicated Colantonio made statements that were used as evidence for the arrest.

It was only after Colantonio's arrest that the infant's body was sent to the Monroe County Medical Examiner's Office for an autopsy. The autopsy revealed that it was impossible to determine if Colantonio, who apparently gave birth at home, delivered a live baby or if the baby was stillborn.

Without that critical piece of evidence, Friedman said, his office was unable to proceed with a grand jury presentation within the constitutionally mandated timeframe, so Colantonio was released from custody. The murder charge is still pending, however.  

In yesterday's statement, the DA's office said, "Due to the fact that this case is still being investigated, the legal principle that the Defendant is presumed innocent until proven guilty and the necessity to preserve the integrity of this matter, we will not be granting interviews or responding to questions regarding this matter. Once the next step is taken regarding this case, more information will be provided."

Friedman is an elected official and Ader is appointed to his position by the County Legislature.

This orange tabby kept trying to get into the MedTech Center on R. Steven Hawley Drive (across from GCC) this morning. Workers there think it's a house cat who is lost. It's being kept at the nursing office. Call (585) 343-0055, ext. 6355.

Terrance Lee Falk, 17, of Woodsmeadow Lane, Brighton, is charged with third-degree assault and second-degree obstructing governmental administration. Falk allegedly engaged in a physical struggle with a corrections officer at the Genesee County Jail leading to an injury to the officer.

William John Velky, 34, of Bank Street, Batavia, is charged with driving while ability impaired by drugs, following too closely, passing on right and moving from lane unsafely. Velky was stopped at 5:08 p.m. Monday on Chapel Street, Elba, by Deputy James Diehl following a complaint of an erratic driver.

Cassandra Y. Dauber, 32, of Lock Haven, PA, Cindy L. Dauber, 58, and David T. Suzenski, 57, both from Phoenixville, Pa., are charged with trespass for allegedly entering Rolling Hills Asylum on Bethany Center Road without permission.

Andrew Charles Webster, 22, no permanent address, is charged with petit larceny. Webster is accused of shoplifting from Walmart. He was jailed on $500 bail.

City fire responded to a kitchen fire at 27 Tracy Ave., Batavia, this afternoon that caused an estimated $1,000 in damage.

The fire was reported at 4:38 p.m. and was deemed accidental, according to a press release.

Engine 11 arrived three minutes after the alarm and reported smoke showing. The residents evacuated.

Once inside, firefighters found a pot of grease on fire on the stove with flames extending into other combustibles nearby. The crew smothered the fire by putting a lid on the pot and used a fire extinguisher to knock down the remaining fire on a cabinet and wall paneling.

Crews were also able to locate and remove a pet rabbit from the home.

City fire remained on scene for about an hour checking for extension and ventilating the structure.

The estimated building damage is $200 and contents damage is put at $800.

The Batavia woman accused of murdering her own newborn baby and storing it in an ice chest for three months has been released from jail after the Monroe County Medical Examiner's Office was unable to determine whether a live birth occurred.

A charge of murder in the second degree is still pending against Christina M. Colantonio, 28, of Liberty Street, Batavia, but in a statement the office of District Attorney Lawrence Friedman said without being able to prove live birth, the prosecution is unable to make a presentation to a grand jury within the prescribed amount of time and so Colantonio is being released from custody.

"Circumstances present when the body was discovered are very indicative of the intentional homicide," Friedman's statement says. "However, in order to establish a homicide, we have to prove that a live birth occurred. Yesterday, we learned from the Monroe County Medial Examiner that, based upon their examination of the body, they were unable to conclude that a live birth occurred. This apparently is due in large part to the lengthy passage of time between delivery and discovery of the body."

In the charging document on file with Batavia City Court, some portion of the underlying evidence to sustain the charge of second-degree murder was based on statements made by Colantonio. None of those possible statements have been made public either through court documents or statements by authorities.

The DA's statement today says that Colantonio was arrested and charged after a "thorough investigation by the Batavia Police Department and included interviews with multiple witnesses."

Friedman's statement said neither he nor anyone in his office would answer media questions about the case given the fact that the murder charge is still pending and the investigation is continuing.

Colantonio was arrested Saturday and held without bail until her release today.

No date was provided for any possible future court appearance.

A two-car accident with multiple victims is reported at 4103 W. Main Street Road, just outside the city line in the Town of Batavia. A child is said to be trapped in the back seat. Town of Batavia fire is responding along with Mercy medics. A deputy is not available and so city police are asked to respond. The location is in front of WNY Fireplace Outlet and a woodworking shop.

UPDATE 1:44 p.m.: No injuries reported. Two people were in one vehicle. Three in another. A baby will possibly be transported to the hospital for evaluation.

Charles Men's Shop always has interesting and attractive window displays, but the clothing featured are usually the in-season fashions for the sharp-dressed man.  For the past several weeks, the store has been featuring a line of clothing it doesn't even carry -- the uniforms of heroes. One window is dedicated to hometown heroes -- police and fire -- and the other to the U.S. military. Don Brown said he and Dave Howe saw the display as a way to give back to the community by showing appreciation for the men and women who put their lives on the line to keep us safe and free.

Amie P. Bloyer, 35, of Washington Avenue, Batavia, is charged with criminal mischief, forcible touching and second-degree burglary of a dwelling. Bloyer was arrested Aug. 26 following an investigation into a domestic incident. It is alleged that Bloyer damaged a window to unlock a door on Ellicott Street, entered the residence, grabbed the victim by his genitals, slapped the victim, and broke his eyeglasses. It is also alleged that Bloyer punched another female who was in the residence at the time. The case was investigated by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Stephen Cronmiller.

Edwin Francis Voelker, 47, of Lewiston Road, Oakfield, is charged with: driving while ability impaired by drugs, with two prior convictions within the last 10 years; first-degree aggravated unlicensed operation; speed violation (62 in a 30-mph zone); unlawful possession of marijuana; and operation of a motor vehicle by an unlicensed driver. Voelker was arrested Aug. 30. on Main Road in Pembroke. It is alleged that he was driving a vehicle after consuming a drug that impaired his ability to safely operate a vehicle on a public highway. He was put in jail on $25,000 bail. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona, assisted by Deputy Gregory Walker.

Kimberly A. Brodsky, 24, of Bank Street, Batavia, is charged with: second-degree aggravated unlicensed operation (having three or more suspensions on three different dates); criminal use of drug paraphernalia, 2nd; criminal possession of a controlled substance, 7th; unlicensed driver (expired Aug. 22, 2015); and operating a motor vehicle with an obstructed view. Brodsky was stopped at 11:34 a.m. on Aug. 28 on Ross Street by Batavia Police Officer Frank Klimjack for a traffic violation. A subsequent investigation revealed that Brodsky has no NYS driver's license and her operating privilege has been suspended five times on five different dates. She was also found to be in possession of a controlled substance and drug paraphernalia. She was arraigned and put in jail on $5,000 bail. The  case was investigated by Batavia Police Officer Marc Lawrence, assisted by Officer Klimjack.

Joseph Paul Lanphear, 31, of Rutgers Street, Rochester, was arrested Aug. 28 for: two counts of criminal possession of a weapon in the fourth degree; aggravated unlicensed operation, 2nd; and speeding (52 in a 30-mph zone). It is alleged that Lanphear was found to be in possession of metal knuckles, a billy club, and that his driver's license was suspended and that he was traveling 52 mph in a 30-mph zone on Buffalo Road in Bergen. He was issued an appearance ticket for the Town of Bergen Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona, assisted by Deputy Bradley Mazur.

Danny D. Williams Sr., 26, of Pearl Street, Batavia, is charged with endangering the welfare of a child, and second-degree harassment. At midnight, Aug. 31, Williams was arrested following an incident on Vine Street where he allegedly pushed a child up against a wall. He was issued an appearance ticket for City Court Sept. 1. The case was investigated by Batavia Police officers Christopher Lindsay and Jason Ivison.

Shannon Marie Micucci, 46, of Bonnie Brae Drive, Darien, is charged with second-degree harassment. Micucci was arrested Aug. 29 at 12:30 a.m. following a domestic incident wherein she allegedly shoved a male during a verbal altercation. She was given an appearance ticket for Darien Town Court on Sept. 1. The case was investigated by Genesee County Sheriff's Deputy Andrew Hale.

Brazil Gerald Brooks Peterson, 19, of Augustine Street, Rochester, is charged with: operating a motor vehicle while ability impaired by drugs, first offense; criminal possession of a controlled substance, 7th; unlawful possession of marijuana; and a speed violation -- exceeding 55 mph. He was arrested at 1:26 a.m. on Aug. 29 on Clinton Street Road, Bergen. He was issued an appearance ticket and is due in Bergen Town Court at a later date. The case was investigated by Genesee County Sheriff's Deputy Joseph Corona.

Glenn Hammond, 57, Woodstock Gardens, Batavia, is charged with: driving while intoxicated with a BAC of .08 or more, first offense; driving while intoxicated, first offense; and running a red light. He was arrested at 1:20 a.m., Aug. 30, after a traffic stop on Trumbull Parkway. He was released on an appearance ticket and is scheduled to appear in City Court on Sept. 9. The case was handled by Batavia Police officers Christopher Lindsay and Eric Foels.

Roxanne Marie Crawford, 51, of Clinton Street Road, Bergen, was arrested Aug. 30 for third-degree burglary and petit larceny. She allegedly stole $25 worth of merchandise from Walmart. She was allegedly arrested at another Walmart store during a previous incident then banned from all Walmart properties. She was jailed without bail and is due back in Batavia Town Court Sept. 28. The case was investigated by Genesee County Sheriff's Deputy Jason Saile, assisted by Deputy Christopher Parker.

Erica Michelle Raphael, 30, of East Main Street Road, Batavia, is charged with petit larceny. On July 15, she allegedly stole $159.71 worth of merchandise from Kohl's. She was put in jail on $5,000 bail after being arrested at the Batavia Town Court Aug. 24 where she appeared on unrelated burglary and petit larceny charges. The case was investigated by Genesee County Sheriff's Deputy Christopher Parker.

Zachary I. Miller, 19, of Ganson Avenue, Batavia, is charged with fourth-degree criminal mischief. On Aug. 25 on Swan Street in the City of Batavia, Miller allegedly punched and broke two glass window panes. He was issued on appearance ticket for City Court on Sept. 1. The case was handled by Patavia Police Officer Frank Klimjack.

Klarissa C. Price, 37, of Cleveland Avenue, Niagara Falls, was arrested Aug. 28 on a bench warrant issued by Batavia City Court for failure to appear. Price was put in jail in lieu of $1,000 bail. The case was investigated by Batavia Police Officer Frank Klimjack, assisted by Officer Jason Davis.

Christopher M. Smith, 21, of School Street, Batavia, was arrested Aug. 25 on an unspecified bench warrant and subsequently released on his own recognizance and given a court appearance date. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

A scheduled court appearance for Christina M. Colantonio, the 28-year-old Liberty Street resident accused of murdering her newborn baby sometime in May or June and keeping the body in her apartment, has been adjourned until 11 a.m., Thursday.

Colantonio, who is being held in jail without bail, was originally scheduled to appear this afternoon to answer to the murder in the second degree charge for the first time with a defense attorney present.

She was initially arraigned on the charge Saturday afternoon.

There is little available in the court file on Colantonio, just a document known as an accusatory instrument. It indicates the murder, 2nd, charge is substantiated by verbal statements made by Colantonio. If those statements were written down by investigators, that document has not yet become available.

A spokesman for Batavia PD said he couldn't answer whether such a document exists and said he's been told to direct all questions to the District Attorney's Office. Attempts to reach District Attorney Lawrence Friedman were unsuccessful.

Colantonio reportedly gave birth to a child in May or June. Authorities have not disclosed how soon after giving birth they believe Colantonio killed the female infant.  

The body of the infant was seen being removed from Colantonio's residence at 208 Liberty St., Batavia, in a 48-quart ice chest. The body was taken to the Monroe County Medical Examiner's Office and information from any ME's report is not yet available.

Authorities have not disclosed how they believe the baby died.

The GLOW Ducks youth football program opens its 2015 season today at Notre Dame's football field, and for the first time, it fielded a team of 5-,6- and 7-year-olds, who needed quite a bit instruction as the game progressed.

The other night the neighborhood around Ganson and Maple in Batavia was hit by a series of thefts. This sign appeared on a tree on Ganson.

A 28-year-old Batavia resident has been arrested and charged with murder in the 2nd degree in the death of her newborn infant.

The female infant had apparently been dead for three months when police responded to a call at 11:20 p.m. of a suspicious condition at 208 Liberty St.

A third party reportedly discovered the dead infant's body and called police, and when police arrived they confirmed the discovery of the body.

Being held in jail without bail is Christina M. Colantonio. She is scheduled to appear in court again at 1:30 p.m., Monday.  

Police are not releasing the cause of death because of the ongoing nature the investigation. Investigators believe the infant was killed a short time after birth, which police believe took place at Colantonio's residence, but are not saying if death was immediate, within hours or days.

District Attorney Lawrence Friedman said murder in the second degree means the accused is suspected of intentionally causing the death of another person, but he would not disclose what evidence exists to convince his office that Colantonio should be prosecuted on a murder 2nd charge.

"We have enough to come to the conclusion that the death was intentionally caused, but because of the fact that we do not have a final autopsy report and because the investigation is ongoing, we won't be indicating anything further at this time," Friedman said.

After the press conference, we spoke with a neighbor, who didn't want to disclose his name, and he said he was outside two nights ago when police and the coroner were at Colantonio's residence. He saw authorities bring a 48-quart ice chest out to the street, remove a small body and place it in a body bag.

Authorities have not disclosed where the infant's body's was in the house at the time of its discovery.

Another neighbor, David Zanghi, said Contantonio worked at Sport of Kings restaurant and described her as a quiet woman who kept to herself and never was involved in any kind of disturbance.  

"She seemed like a pretty nice girl," he said.

Contontonio lived in the apartment by herself, police said. She has two other children.

Authorities are not disclosing anything about the father of the baby.

Det. Todd Crosett and District Attorney Lawrence Friedman.

The Batavia Police Department has scheduled a press conference for 5:30 p.m. to announce an arrest in the investigation into an infant death.

No further details have been released.

The Batavian will provide updates as soon as information is available.

UPDATE: The time of the press conference has been changed to 6:30 p.m.