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Police interrupt alleged burglary in progress at business on Ellicott Street

By Howard B. Owens

A Porter Avenue resident was arrested Thursday morning, accused of being a lookout for a burglary at a new head shop on Ellicott Street, Batavia.

Police responded at 4:20 a.m. to a report of a burglary in progress at 400 Ellicott St. and arrested Edward R. Loper, 24, of 19 Porter Ave.

A second suspect, the person believed to have been inside the business, remains at large.

An alert neighbor reported suspicious activity after hearing the sound of glass breaking at the business.

Police determined entry was made by the suspects throwing large rocks through a window.

A quantity of disposable pipes were taken out of the business. The merchandise was recovered by police after the suspect discarded the items as he fled the scene.

Investigators are working on identifying and locating the second suspect.

Loper was charged with burglary in the third degree and was jailed on $15,000 bail.

Staff and students honor Shawn Clark on last day as Jackson School principal

By Howard B. Owens

Text and photos submitted by Steve Ognibene.

Today at Jackson School, friends, family, teachers and staff had their awards assembly and also payed tribute to Shawn Clark principal of Jackson who will move next fall to Batavia High School. 

Many students spoke about Mr. Clark and his contributions over the last four years as principal. They recounted how he was a great proponent of down with bullying and how he served to instill in them all the values that they will carry into the future. 

There was a photo slide show of Mr. Clark with students. They ended with farewells, hugs, but not goodbyes, as they will see him someday at the high school. This afternoon followed with a school-wide picnic day and outdoor fun with bounce houses.

Photos: Saying goodbye to Robert Morris, hello to new schools for next year

By Howard B. Owens

It was a ceremony of celebration more than remembrance as the students and staff of Robert Morris School said goodbye to their decades-old institution and walked into a new future of consolidated classes at three Batavia city schools.

"They're excited and they're ready," said Robert Morris Principal Diane Bonarigo of the students who walked out of the doors of Robert Morris for the last time today. "They'r in a very good place. It's important that we close our year knowing that they will be looking forward to going to their new school next year."

The district's consolidation plan will make Jackson a pre-K through first-grade school and John Kennedy will contain classes for second, third and fourth grades. Fifth-graders will move to Batavia Middle School.

Bonarigo said students felt more comfortable with the transition after a series of open houses where they ran into friends from other schools that they met through sports and other activities and realized they will now all be in the same school.

"We will be one city school family," Bonarigo said.

UMMC to open urgent care facility in Batavia on July 2

By Howard B. Owens

Press release:

United Memorial Medical Center is pleased to announce that Urgent Care Services will open at the Jerome Center located at 16 Bank St., Batavia on July 2. Urgent Care will be co-located with Laboratory and Medical Imaging Services.

Urgent Care services are a cost effective and convenient way for patients to receive quality medical care when their primary care physician is unavailable and they do not want to spend time waiting in an emergency room to be treated for a non-life-threatening injury or illness. Co-payments for urgent care are typically less than emergency room co-pays.

UMMC’s Urgent Care Center in Batavia will be well equipped to treat a variety of ailments, including sprains and fractures; cuts and lacerations, animal and insect bites and stings, cold and influenza symptoms; ear infections, pneumonia, bronchitis, urinary tract infections, asthma, sore throats/strep and mono and influenza vaccines.

Urgent Care at the Jerome Center will be supported by United Memorial’s state-of-the-art medical imaging services, the most advanced in Genesee County. The Jerome Center is conveniently located in the heart of Downtown Batavia. It offers handicap accessibility, convenient parking, a gift shop and refreshment kiosk.

In July 2010, United Memorial opened Genesee County’s first Urgent Care Center at 3 Tountas Ave., Le Roy. There were more than 5,000 patient visits to the Urgent Care Center in Le Roy during 2011. This volume had no noticeable impact on the number of emergency room patients treated at United Memorial during the same time period.

Both Urgent Care centers will operate from 11 a.m. to 9 p.m. Monday through Friday and from 9 a.m. to 9 p.m. on weekends.

Photos: Fight against armyworms carried out at Batavia Sports Park

By Howard B. Owens

A worker from CY Farms applies pesticide to the border area of Batavia Sports Park, off Bank Street Road, Batavia. The pesticide is being used as a precaution to protect the fields from armyworms. The actual playing fields were not sprayed, but soccer teams will be kept off the fields for at least 24 hours.

Murder ruled out as cause of death of man who fell out of window at 400 Towers

By Howard B. Owens

Investigators have ruled out homicide as the cause of death for William Hastings, 52, who fell to his death from the seventh floor of 400 Towers on Tuesday.

In a press release, Batavia PD detectives said today that thorough examination of the apartment building's surveillance system and interviews, Hastings was alone at 2:52 p.m. when he fell out of the window.

Detectives, in cooperation with the Monroe County Medical Examiner's Office are still working to determine whether the death as an accident or suicide.

"It's just hard to know what happened," Det. Pat Corona said. "I don't know if we ever will determine if it's a suicide or an accident."

No note was found in the apartment, Corona said, but "it sure was nice that 400 Towers had the surveillance system installed so we could sit down and review those tapes and determine he was alone at the time."

Witnesses said they heard no sounds indicating a disturbance in the apartment prior to Hastings' fall.

Corona said the M.E.'s office has also not yet determined whether Hastings had any sort of medical issue prior to his fall.

Monroe County has yet to complete toxicology tests, which could take 90 days or more.

Vandalism reported at MacArthur Park

By Howard B. Owens

The nets on two tennis courts at MacArthur Park, Batavia, are damaged and a third is missing, according to a maintenance worker.

Batavia PD is being dispatched to take a report.

Batavia man injured in tumble from top of Buttermilk Falls, Le Roy

By Howard B. Owens

A Batavia man may be lucky to be alive after falling more than 30 feet from the top of Buttermilk Falls on Thursday evening and landing on a small rock ledge rather than dropping another 40 feet into the churning waters below.

More than 60 of Genesee County's emergency responders were on scene within 30 minutes of the 6:54 p.m. 9-1-1 call, which initially indicated a juvenile male had fallen over the falls and was being swept downstream.

Brandon C. Smart, 34, of Batavia, was taken by ground ambulance to Strong Memorial Hospital with a head injury, a cut and complaint of neck pain.

The cause of Smart's fall, according to the Sheriff's Office, is a combination of drinking and Smart trying to pass a case of beer to another person further down the cliff.

Buttermilk Falls is less than a mile east of Route 19, and just north of North Road, where the road makes a sharp turn in an area where it crosses Oakta Creek. Crocker Ace Hardware is nearby.

Based on the original information given to dispatchers, Le Roy Fire responded and sent one rescue team downstream and positioned another team near the top of the falls. When Chief Tom Wood (on the right on the top inset photo) learned the victim had landed on the ledge, he requested the county's rope rescue team respond.

Smart, who was initially reported as being unconscious, was on the ledge until 9:11 p.m.

Initially, Mercy Flight was requested to the scene because of the possible serious injuries, but once Smart was brought back to the top of the falls, responders decided to take him to Strong Memorial Hospital by ground ambulance.

After Smart's fall, Michael C. Hayes, 24, of Rochester (wearing the Sheriff's raincoat top photo; shirtless in the picture below), climbed down to his position.

Although Hayes was uninjured, the rope team needed to rescue him as well.

Sgt. Steven Mullen (bottom inset photo), Sheriff's Office, said Hayes getting on the ledge himself just made the rescue that much more dangerous for all involved.

"As these gentlemen have spoke about, a technical rescue like this on the face of a waterfall, which is slippery and overgrown with moss and vegetation, is nothing that I would suggest," Mullen said. "It makes their job that much tougher when you have two people that need to be rescued as opposed to one."

When rescuers were ready to try and hoist Smart back to the top of the falls, he reportedly became uncooperative.

"It was a little bit of a precarious situation considering that these rescuers are on a ledge with a 40-foot drop below them," said Tim Yaeger, Emergency Services director (on the left in the top inset photo), "We had a situation where we tried to talk to that individual for a while to help him understand the situation so we could secure the person into a harness to bring him back up to the topside. That was deemed to be unsuccessful, so law enforcement was asked to assist."

Mullen made his way to the ledge and talked with the Smart for 10 or 15 minutes and convinced him to get into the harness.

Yaeger said officials were unsure if Smart was uncooperative because of his head injury -- patients with head injuries often become combative -- or if other factors played a role.

Mullen said Smart had been drinking prior to the fall.

"He wasn’t making a whole lot of sense," Mullen said. "He was somewhat irrational. That’s one reason he was transported by ground ambulance. If he becomes aggressive, he would be much easier to handle."

The two men who were rescued were apparently part of a group of at least seven people who went to the falls Thursday and Mullen said all appeared to have been drinking.

Seven people have been charged with trespass. They are, Hayes; Tatijana M. Kacurovski, 19, of Everwood Run, Webster; Sara M. Gianni, 20, of Quincy Street, Rochester; Donald E. Hayes, 27, of Quincy Street, Rochester; James A. Sharpstene, 25, of Morrow Road, Pavilion; Nathanial D. Clark, 20, of Milburn Street, Rochester; and, Melany M. Schlicker, 18, of Countess Road, Henrietta.

All seven suspects were issued appearance tickets.

Charges are pending against Smart.

Buttermilk Falls is owned by Carla Crocker, a Le Roy resident.

Yaeger said people trespassing at the falls not only put themselves at risk, but all of the people who need to respond when an accident occurs.

"That’s something to think about," Yaeger said. "The fact that these kids may be sightseeing and walking and seeing the falls from both sides, but if something were to happen, they’re putting a lot of individuals at risk."

Chief Wood said during his 12 yeas with the department, there are been three people who fell from the top of the falls. The first two victims died as a result.

Eric Friedhaber, a Le Roy resident whose property abuts the top of Buttermilk Falls, said trespassers are common on both sides of the creek around the falls.

"There's no guard rails so you can get pretty close to the edge," Friedhaber said. "When you go back there, there are lots of beer bottles and cans and graffiti on the bridge. Any time the weather's nice and there's water in the creek, people go back there and hang out. It's a party spot for kids."

Friedhaber said he's seen people get pretty close to the edge of the falls, even dancing at the edge of the falls.

"Every day three or four cars are parked out here and people go back there all the time,"  Friedhaber said. "I’m kind of surprised it (people falling) hasn’t happened more often."

Responding to the scene today: Le Roy fire, Sheriff's Office, Mercy EMS, Mercy Flight, Bergen fire, Genesee County Emergency Services and the rope rescue team.

Bottom photo of Buttermilk Falls taken by Eric Friedhaber on an earlier date.

Second member of alleged meth ring busted in 2009 enters guilty plea in federal court

By Howard B. Owens

Another of the five defendants rounded up July 9, 2009, as part of a local and federal investigation into the distribution of methamphetamine in Genesee County entered a guilty plea today in federal court.

Andrew Chapman, 42, of Batavia, admitted to conspiracy to possess with intent to distribute, and to distribute,  methamphetamine.

He faces a possible maximum sentence of 20 years in prison, a $1 million fine, or both.

Chapman received the meth he sold from Donald G. Vanelli II, 49, of Le Roy, who is serving more than 17 years for his role in the sale and distribution of meth locally.

Also charged as a result of the investigation by the Local Drug Enforcement Task Force, the FBI and the DEA, were David H. Cohen, 51, of 918 Goodman St., Rochester, Donna L. Boon (aka Donna McAuley), 46, of 3658 Batavia-Oakfield Townline Road; and Kerry A. Ball, 53, of 7202 Meadville Road, Basom.

The status of Ball's case was not released, but the case against Cohen is still pending.

Boon's charged related to the initial arrest were later dismissed and Boon proclaimed her innocence, but she was subsequently re-arrested.

Chapman will be sentenced Sept. 17.

Local real estate investor purchases old St. Nick's Club with hope of getting another club going

By Howard B. Owens

Jeremy Yasses really misses those Friday afternoon lunches with his dad at St. Nick's, and after a while, he figured the only way he was going to get them back was if he bought the building on South Swan Street, Batavia, and provided the help to reopen it.

Today, Yasses closed on his $40,000 purchase, which included the contents of the building.

At 6 p.m., June 24, Yasses will host a meeting at the St. Nicholas for anybody who is interested in talking about forming a new club.

So far, he said, many former St. Nick's members have expressed interest in getting the club going again.

Yasses has also tried contacting former Elks Lodge members about sharing the space, but so far the response from the Elks has been cool.

"I'm willing to give free rent or a free lease for some period of time," Yasses said. "I really want to get the club going again. If that doesn't happen, well, OK, I have other people interested in the building."

Yasses said there are doctors interested in the space, or it might work for a veterinarian's office, and of course with all the space, the kitchen and large parking lot, it would also work for a restaurant. Whatever the space becomes, Yasses said, it needs to fit the zoning for the sake of the residential neighbors.

Recently, Yasses renovated a house at 38 Montclair St., Batavia, that he purchased out of an estate sale. Prior to that, he renovated a house on Ellicott Street that he purchased at a city tax lien auction.

"I've gotten only positive feedback (from city officials) on the properties I'm going to flip or renovate," Yasses said.

He said the initial feedback from the city has been supportive of his purchase and plans for the St. Nick's building.

Officially, if the new club is formed, it can't be known as the St. Nicholas Club. That business name has too many judgements against it and there are too many vendors that won't work with that business any longer.

Still, Yasses is hopeful the club -- if not in name, at least in spirit -- can be revived.

"I was a member, my dad was a member and my granddad was a member," Yasses said. "My idea is if we can get 300 members -- I believe they had 500 or 600 members when they shut down -- get 300 members to give $100, that's 30 grand. That will get the place going."

Law and Order: Man accused of driving wife's car without permission

By Howard B. Owens

Matthew Charles Olcott, 33, of Overlook Drive, Batavia, is charged with unauthorized use of a vehicle and aggravated unlicensed operation. Olcott is accused of taking his wife's car and using it without permission. Olcott allegedly does not have a NYS license.

Lisa A. Fleming, 44, of Batavia, is charged with criminal contempt, 2nd, disobeying a court order and acting in a manner injurious to a child under 17 years of age; Anthony D. Alexander, 38, of Batavia, is charged with criminal contempt, 2nd, disobeying a court order. Fleming and Alexander were arrested by State Police as part of the same criminal investigation. The incident was reported at 1 p.m. on May 23. Fleming was arrested June 6 and Alexander was arrested Tuesday. No further details released.

Batavia man reportedly assaulted in Attica while trying to break up fight between girls

By Howard B. Owens

A Batavia man tried to break up a fight between two girls in Attica on Tuesday night and wound up in the hospital with a head injury after the boyfriend of one of the girls allegedly hit him.

Grayson Stock, 20, was found semiconscious by EMS personnel and transported to an area hospital where he received stitches to his mouth and back of his head.

Taken into custody and charged with assault, 3rd, was Brandon B. Harrington, 17, of 2719 Humphrey Road, Varysburg.

The incident was reported at 10:30 p.m. at Main and Prospect streets, Village of Attica.

According to the Attica PD, Harrington hit Stock once and Stock fell backward hitting his head on the sidewalk.

Stock was initially transported to Wyoming County Hospital and later transferred to ECMC for observation.

Harrington was jailed on $1,000 bail.

GCEDC announces incentives for four area business expansions

By Howard B. Owens

Genesee County Economic Development Center has approved the following projects for development incentives:

Batavia Animal Hospital (Perry Vet), 3699 W. Main St. Road, Batavia, is constructing a new 6,300-square-foot facility behind its current building. The project will receive a sales tax exemption of $76,960, a mortgage tax exemption of $16,250 and a property tax exemption of $80,994. Perry Vet is investigating $1.733 million in the project. The project will create five new jobs and retain 11 jobs.

Merrill Lynch, 24 Masse Place, Batavia, is moving into new office space. Merrill Lynch is receiving a $13,360 sales tax exemption. The company's total investment is $867,000. The project will create 16 new jobs.

Genesee & Mohawk Railroad - GVT, 100 Evans St., Batavia, is adding a 2,800-square-foot headquarters building next to a 31,000-square-foot transload warehouse constructed in 2008 for $2 million. The headquarters project will receive $13,600 in sales tax exemption, $3,750 mortgage tax exemption and $42,762 property tax exemption.The company is investing $360,000. The project will create two new jobs and retain 19.

Le Roy Motors, 7000 W. Main Road, Le Roy, is expanding its current facility by 2,400 square feet and renovating its interior. Le Roy Motors will receive $33,600 sales tax exemption, $9,375 mortgage tax exemption and a $29,631 property tax exemption. The company is investing $785,000. The project will create three new jobs and retain 35 jobs.

Batavia Army officer installed as Battalion Commander

By Billie Owens

Lt. Col. Scott C. Woodward was installed as the Battalion Commander of the 4th Squadron, 4th Cavalry Regiment in ceremonies held recently at Ft. Riley, Kan.

The ceremony included a reenactment of the Calvary Charge and the firing of canons. A reception was held at the Custer House, which was the home of General George Armstrong Custer and one of the oldest buildings on Ft. Riley.

Lt. Col. Woodward is a 1989 graduate of Batavia High School and also a graduate SUNY Brockport and the Army Command and General Staff College. He is the son of Tim and Maria Woodward, of Batavia, who attended the ceremony.

His military assignments include three overseas tours: as Battalion Assistant S3 to Bosnia-Herzegovina; he commanded E Troop, 9th Cavalry, 2nd Brigade, 3rd Infantry Division during the invasion of Iraq 2003; and he was Battalion Operations Officer, 1st Battalion, 63rd Armor deployed to Mahmudiyah, Iraq.

His most recent assignment was Armor Colonels Assignment Officer, Office of the Chief of Staff, Army, Washington, D.C.

Lt. Col. Woodward’s awards and decorations include: the Bronze Star Medal with “V” device; the Bronze Star Medal (2nd award); Meritorious Service Medal (4th award); Army Commendation Medal (3rd award); Army Achievement Medal (2nd award); the Combat Action Badge; the Parachutist Badge and the Army Staff Identification Badge.

He is married to the former Judith Herring and they have two daughters, Sydney and Savannah.

Car accident by Wendy's in the city

By Billie Owens

A motor-vehicle accident is reported by Wendy's restaurant off Main Street. There are no injuries, but it is completely blocking traffic. Police are on scene.

Police unsure how man fell from seventh-floor window at 400 Towers

By Howard B. Owens

Batavia PD investigators are still unsure how a 51-year-old resident of 400 Towers fell from a seventh-floor window to his death Tuesday afternoon.

Police officials believe William Hastings was alone in his apartment at the time of his fall.

He fell through the screen of the window, partially tearing it away.

"I was in the parking lot and seen the man falling so I ran over immediately," said 22-year-old Richard Smith. "I called 9-1-1 as I was running. I was the first to get to him. It was a pretty bad thing to see. I'm a little shaken up. It's a hard thing to see. I've never witnessed anything like that in my life."

Dispatchers received Smith's call just before 2:55 p.m.

Medical personal were on scene less than a minute after Smith's call, but there appeared to be little chance to revive Hastings. Less than five minutes after the initial call, personnel were covering Hastings body.

Smith said when he reached Hastings the man didn't appear to be breathing and Smith believes Hastings had already succumbed to the trauma of the fall.

Coroner Robert Yungfleisch arrived a short time later and pronounced Hastings dead.

Lt. Eugene Jankowski said detectives were conducting a thorough investigation, looking into all possible reasons Hastings might have fallen from the window. They were gathering evidence and interviewing witnesses and people who knew Hastings.

'It's still too early to say what happened," Jankowski said.

Hastings was taken to the Monroe County Medical Examiner's Office for an autopsy. 

Autopsy findings have not yet been released.

Jankowski said Hastings was married, but he didn't know if his wife lived with him at 400 Towers.

The facility is run by the Batavia Housing Authority and contains 148 apartment units occupied by both senior citizens and people with disabilities.

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