batavia

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.

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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."

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.

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.

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.

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."

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).

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

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.

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.

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.

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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An anticipated plea from Michael S. Tomaszewski in his funeral home fraud case has been delayed until April 13 for reasons not revealed during a brief County Court hearing today.

During the virtual hearing, Judge Charles Zambito and both attorneys -- Thomas Burns for the defense and Assistant District Attorney Kaitlynn Schmit -- mentioned a prior off-the-record discussion about the case without indicating what was discussed, but it seemed to have some bearing on Tomaszewski's decision not to enter a plea today.

For the record, Schmit said she thought there should be no delay in the plea.

"I don’t think our discussion today is going to have any effect on the plea offer," Schmit said. "I would like to have closure for the victims in these cases. I would ask that we proceed with the defendant’s plea if that’s how he intends on proceeding."

There is no indication that Tomaszewski won't accept the plea deal that's been offered by the District Attorney's Office.  

At a hearing in early February, the pending plea offer was discussed. Under the terms, Tomaszewski would admit to a Class D felony, a Class E felony, and a misdemeanor public health law offense. There is no cap on Tomaszewski's possible sentence but his time would run concurrently on all three counts. 

The plea couldn't be accepted at that hearing because Tomaszewski had not yet been arraigned in Town of Batavia Court on pending charges in that jurisdiction.

Today, Zambito appointed himself acting town justice and accepted Tomaszewski's not guilty plea to those charges during an arraignment.

Those charges will be satisfied with a guilty plea if Tomaszewski accepts the pending plea offer.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, faces more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

The criminal complaint indicates the majority of customers lost from more than $2,000 up to $15,500 each.

The charges include 67 counts of third-degree grand larceny, 28 counts of fourth-degree grand larceny, four counts of falsifying business records, 93 counts of failure to deposit, seven counts of petit larceny, and counts of offering a false instrument for filing in the first degree, and scheme to defraud.

He's also accused of improperly handling the remains of a deceased veteran. 

While his criminal case is pending, so his bankruptcy case. He filed for Chapter 11 bankruptcy in February 2020. There was a hearing on the case yesterday, but the results of that hearing are not yet publicly available.

The odor of natural gas in Building #5 at the VA Medical Center in Batavia has prompted the evacuation of the building. City fire is responding to the site at 222 Richmond Ave. The leak was called in by VA police.

UPDATE 2:49 p.m.: Command confirms the odor of natural gas in the building, says it will be there awhile, investigating. National Fuel is called to the scene.

UPDATE 3:05 p.m.: National Fuel said they'll get a crew there ASAP.

UPDATE 3:08 p.m.: National Fuel is on scene.

Press release:

Registration is now open for free local electronics recycling events, in the spirit of Earth Day, which is Thursday, April 22. This year's Earth Day theme is "Restore Our Earth."

Last year, the Brockport-based electronics recycling company Sunnking saw record-breaking attendance, with eight events fully booked up for all drop-off time slots.

Due to coronavirus health and safety protocols, residents will be REQUIRED to register online for a drop-off time slot, or reserve a spot by calling (585) 637-8365.

Register online at sunnking.com/events and find a complete list of recyclable devices.

Sunnking collects an average of 100 tons of electronics per event.

Due to the rising costs of recycling and the coronavirus pandemic, Sunnking also asks supporters for an optional monetary donation to continue providing the environmentally responsible service.

Here is information about the first round of Upstate/Western NY events:

WHO: Sunnking Electronics Recycling

WHAT: Local electronics recycler, Sunnking, is opening registration for its initial round of FREE e-recycling events for 2021. 

WHEN:

• Batavia -- May 15 / 8:30 a.m. to 12 p.m.
• North Syracuse – April 17 / 9 a.m. to 12:30 p.m.
• Williamsville – May 1 / 8:30 a.m. to 12 p.m.

WHERE:

• Batavia -- Genesee Social Services Department, 5130 E. Main St., #3 (Enter off Ag Park Drive West.)
• North Syracuse – Cicero-North Syracuse High School
• Williamsville – Eastern Hills Mall

HOW:

Register online. Health and safety procedures will be in place to ensure a safe environment, including timed appointments, no-contact device removal, and dedicated drive-through lanes.

WHY:

Good stewardship of the Earth and its resources, according to the Environmental Protection Agency (EPA).

********************************************************

"We're really excited to see how many people will carry over that excitement for recycling that we witnessed last year," said Robert Burns, director of Marketing for Sunnking. "Throughout the winter we've had New Yorkers from all corners call us asking when the next event would be and now, we can give them the first few dates to look forward to."

Sunnking, New York State’s first R2 certified recycler, has offered no-cost collections in Western and Central New York since 2010.

"Thousands of people have clearly used the last couple of cold months at home to take inventory of their devices or upgrade over the holidays and now is their chance to take back their space the responsible way," Burns said.

Today's announcement comes as Sunnking celebrates its 21st anniversary, offering clients throughout New York state electronics recycling, ITAD (IT Asset Disposition), and data destruction services.

More local events will be announced in the coming weeks.

The Cornell Cooperative Extension of Genesee County Board of Directors meeting will be held at 5:30 p.m. on Tuesday, March 23.  

Meetings are currently being held via Zoom and in keeping with Open Meeting Laws, Genesee County residents may attend. Please contact Yvonne Peck at ydp3@cornell.edu to register and receive link.

Any questions should be directed to Yvonne Peck at (585) 343-3040, ext. 123.