batavia

Press release from the Governor's Office:

Governor Andrew M. Cuomo today announced the start of construction for a $1.1 million redevelopment project in the City of Batavia. This project, awarded through Batavia’s DRI Building Improvement Fund, will rehabilitate a three-story, 7,500-square-foot building built in 1865, in Downtown Batavia. Batavia’s downtown area is a mixed-use, affordable neighborhood with access to jobs, anchor businesses, and city and county services.

“The Downtown Revitalization Initiative in Batavia is driving strategic investments and helping bring new mixed-use development to the area to benefit the entire region,” Governor Cuomo said. "This historic building will be preserved to continue with Batavia's rich history and character and will be the propeller of future growth not only for Batavia but for the entire region.”

“Our Downtown Revitalization Initiative is transforming communities statewide by empowering local stakeholders to put forward their best ideas on economic development based on collaboration and shared purpose,” said Lieutenant Governor Kathy Hochul.

“Batavia is uniquely positioned between two major urban areas but has carved out its own identity with projects like 99 Main Street. These projects will attract new people with a new life, energy, and sense of pride, and help New York build back better for a post-pandemic future.”​

The renovation and redevelopment of this historic building will include a new storefront, façade, and reconstruction of the existing three floors. A dental practice will operate on the first floor with the second floor being developed for commercial office space. The third floor will include two two-bedroom market-rate apartments.

The redevelopment of this historic building is part of the DRI award for the Building Improvement Fund, which provided the city with the resources to award building improvement projects Downtown. The award from the Fund is $137,600 with a total estimated project cost of $1,165,000. The Fund is operated locally by the Batavia Development Corporation and administered by New York State Homes and Community Renewal.

The Genesee County Economic Development Center also supported the redevelopment through mortgage and sales tax incentives of $63,500. Neppalli Holdings LLC will also invest nearly $1 million to renovate the building as part of the public-private partnerships for DRI.

Secretary of State Rossana Rosado said, “The Batavia’s Downtown Revitalization Initiative is becoming a reality and it will bring a new look and way of life for residents to live, work and play in their business district. The Building Improvement Fund award provides an opportunity for economic investments in Batavia through the redevelopment of its business district, attracting a new generation of social and commercial enterprises to the city. This project is a testament that hard work and dedication, even in these unprecedented times, can yield progress and a bright future.”

NYS Homes and Community Renewal Commissioner RuthAnne Visnauskas said, “Through Governor Cuomo’s Downtown Revitalization Initiative, we are working directly with communities across the state to implement targeted economic development projects like this one that expand housing opportunities, enhance the downtown streetscape, and create a more lively and walkable commercial district.

"Batavia’s Building Improvement Fund will utilize $138,000 in DRI funds to transform this historic property at 99 Main Street into a beautiful mixed-use building with new office space and two apartments on the third floor. By supporting local efforts to strategically improve downtown districts with state resources, we are breathing new life into Batavia, the Finger Lakes Region, and beyond.”

Senator Michael Ranzenhofer said, “I am very happy that Batavia was chosen for this project. Investing in our Upstate communities is extremely important and this funding will help further the growth and redevelopment we have seen in Batavia.”

Assemblyman Stephen Hawley said, “Thanks to smart and expansive developments, Batavia will grow into an even greater destination and hub for Western New York than ever before. From the addition of a new performing arts center to the revitalization and renovation of a commercial hub to the continued development and upgrading of Downtown, Batavia is poised to be a bastion of community and comfort for the area. This investment will go a long way towards the continued fostering of community and cooperation for years to come.”

Batavia City Council President Eugene Jankowski Jr. said, “The DRI award is critically important in our efforts to revitalize Downtown Batavia. It’s vital that we continue working with our partners at the state and local level to continue the momentum of the private and public sector investment in the county’s urban core.”

Batavia Development Corporation Board President Lori Aratari said, “The Building Improvement Fund created through the DRI provides grant funding for applicants to implement interior and exterior building improvements in Batavia’s Business Improvement District (BID) for commercial and mixed-use structures. This project exemplifies how we are using this fund to fill vacant and under-utilized structures in the city.”

Genesee County Legislature Chair Shelley Stein said, “The Genesee County Legislature recognizes the importance of the economic vitality of the City of Batavia for our county and region. I am especially pleased to see all levels of government working so closely in our efforts to bring private sector investment to the city.”

Genesee County Economic Development Center President and CEO Steve Hyde said, “To have so much support from so many leaders in the community gives me confidence that our project will be a great success and I hope will encourage others in the private sector to seek investment opportunities in Batavia. I want to thank all of our government partners for their continued support and collaboration in our collective efforts to encourage private sector leaders such as Dr. Neppalli to invest in Batavia.”

Batavia was named a DRI Round 2 winner. The downtown area is a mixed-use, affordable neighborhood with access to jobs, anchor businesses, and city and county services. The area has an excellent foundation upon which to continue its revitalization, including amenities such as recreational sites, healthcare facilities, food markets, a library, and various retail and restaurant venues in a walkable environment.

The Strategic Investment Plan for Downtown Batavia is working closely with private partners and local assets to implement the other eight projects awarded. These projects alongside all of the projects that will be awarded through the DRI Building Improvement Fund will create opportunities for economic development, transportation, housing, and community projects that align with the community's vision for downtown revitalization and that are ready for implementation.

The Downtown Batavia Strategic Investment Plan is guiding the investment of DRI grant funds in revitalization projects that advance the community's vision for its Downtown and that can leverage and expand upon the state's $10 million investment.

New Listing Alert: 1 Cooksville Road, Pembroke: Secluded and private area of homes in the Pembroke School System that you would never know was there! Set back in this cabin/lot is pretty neat location -- great lot and a rustic cabin that is roomier than you would think and would be a great winter project that could give you good returns. Click here for more information on this listing.

19 Wood St., Batavia: Super affordable city home! These owners did all the big things for you -- now its just a matter of you making it your own! Roof, all windows, furnace, hot water tank, and upgraded 150 amp electrical panel -- what else is there? Rooms are spacious, there was a half bath added on first floor, new laminate flooring just done in the kitchen, and brand-new back steps leading inside to back mudroom. All appliances are staying. The front porch is cute, and the yard, both front and back, is super cute and loaded with flowers. Back yard is fully fenced and is selling with the hot tub! There is a detached garage but currently used as the place to hang out -- both summer and winter, because there is woodstove as well! These owners do not pay flood insurance. A lot of space for the money, definitely worth checking out! Click here for more information on this listing.

16 Ellsworth Ave., Batavia. This is a super home! Solid, ready to move in, super clean and updated throughout AND conveniently located to everything-schools, library, parks and shopping. This home is so spacious and well laid out – extra large rooms nice kitchen cabinetry, new flooring through out, and two full large baths, one on each floor. There is also off of kitchen, a large pantry room with laundry hookup -- so convenient! Three bedrooms and full bath upstairs, the master bedroom is oversized with pretty wood accents and nice lighting. There is also full attic -- if you need more storage. As well as a freshly painted, clean and bright basement area for all the rest or a place to work. Cute fenced in back yard and drive...this a great home! Click here for more information on this listing.

Call Reliant Real Estate today 585-344-home (4663).

A possible serious injury accident is reported at 7789 Fotch Road, Batavia. A man is said to be unconscious, slumped over the wheel, trying to breathe, according to a first responder on scene. Mercy Flight in Batavia is called to the scene.

The accident site is at a sharp curve between Byron Road and Batavia-Stafford Townline Road, in Stafford's fire district.

UPDATE 3:49 p.m.: The Genesee County Crash Management Team is called to respond. A first responder reports to dispatch that a pickup truck rolled over and went off the roadway about 20 yards and the driver and sole occupant is unresponsive.

UPDATE 3:52 p.m.: Mercy Flight is instructed to land in a soybean field.

UPDATE 3:53 p.m.: Mercy Flight has landed.

UPDATE 4:08 p.m.: Mercy Flight is back in service along with Stafford fire and the scene is turned over to law enforcement.

UPDATE 4:26 p.m.: The male driver regained consciousness once medics were on scene. He suffered no apparent injuries. After field sobriety testing, he was taken into custody. He told a deputy "I don't even know where I am."

A motor-vehicle accident is reported in the area of 7665 Bank Street Road, Batavia.

There's smoke coming from the vehicle. Two utility poles, next to each other, are involved. One injury, no extrication needed.

No wires are down. The poles are upright and intact. A chief is requesting National Grid respond to inspect the poles.

Town of Batavia fire responding along with Mercy EMS.

UPDATE 1:50 p.m.: Town of Batavia back in service. The roadway is reopened.

Reader-submitted photos.

Leanne Adele Lathrop, 29, of Cowie Road, Wyoming, is charged with criminal possession of stolen property in the fifth degree and unlicensed operation of a motor vehicle. She was arrested after a traffic stop on Lewiston Road in Batavia at 6:21 p.m. Sept. 27. She allegedly had property in the vehicle that had been stolen from Target earlier in the day. Lathrop was issued appearance tickets returnable to Batavia Town Court on Oct. 29. The case was handled by Genesee County Sheriff's Deputy Jacob Gauthier.

Lee Allen Baxter, 36, (no address provided) is charged with resisting arrest and second-degree harassment. Baxter was arrested at 7:34 p.m. Sept. 26 after a domestic altercation that occurred on Sept. 25 on West Main Street Road in Batavia. Baxter was arraigned in Genesee County Court and released on his own recognizance. He is due in Town of Batavia Court on Oct. 19. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy Kyle Krzemien.

Kamie Marie Sedore, 36, of Culver Road, Rochester, is charged with second-degree forgery and falsifying business records in the first degree. Sedore was arrested following a complaint at the Genesee County Jail on West Main Street in the City of Batavia. She allegedly identified herself as another person and signed paperwork stating that the fingerprints she provided were for the false identity provided. She was issued an appearance ticket for Nov. 10 in Batavia City Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Justin Paul Dake, 23, of Bloomingdale Road, Alabama, is charged with third-degree criminal mischief. No other details provided. Dake was arrested at 4:32 a.m. Aug. 29 on Bloomingdale Road in the Town of Alabama and issued an appearance ticket for Oct. 7 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Submitted photo and press release:

Independent Living of the Genesee Region (ILGR) is pleased to announce the promotion of Kristen Lazarony (inset photo left) to Independent Living Specialist in the RapidRehousing Program, where she will be helping individuals with disabilities in Genesee, Orleans and Wyoming counties to obtain housing in the homes and communities of their choice.

Lazarony previously served as a Facilitated Enroller in ILGR’s Medicaid Application Assistance Program, helping people with disabilities and older adults, obtain medical insurance.

Prior to joining ILGR, she served in varied positions in the medical field with several local companies including United Memorial Medical Center, WellNow Urgent Care, and Pembroke Family Medicine.

Lazarony is a graduate of Batavia High School, Class of 2003.

ILGR is delighted that Lazarony will be serving the disability community in this new position.

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

Press release:

Travis Sick has recently joined Tompkins Bank of Castile as Branch Manager in the Arcade office. In his new role, he is responsible for overseeing daily operations of the branch, staff development and customer care. In addition, he also oversees business development for Tompkins, focusing on gaining new customers and retaining existing ones.

Prior to joining Tompkins, Sick worked three years as the Director of Game Day Operations & Special Events for the Rochester Red Wings and nine years as General Manager of the Batavia Muckdogs. In those roles, he was responsible for business development, overseeing operations and outside events, as well as providing a high level of customer service.

“We are pleased to welcome Travis to our growing community banking team,” said Diane Torcello, senior vice president, Community Banking. “He will ensure that we continue to provide the highest level of customer service while creating mutually beneficial financial relationships with small business customers. He will truly be an asset to our team.”

Sick earned a bachelor’s degree in sports management and business management from St. John Fisher College. He currently resides in Corfu.

Justin Gugel shared this photo of himself and a 34-inch, 11-pound pike he caught yesterday at the DeWitt Recreation Area.

Photo taken yesterday evening on Ellicott Street in Batavia behind the Save-A-Lot.

The first meeting of Batavia's Police Collaboration Advisory Stakeholder Group was largely informational, with most of the conversation led by Police Chief Shawn Heubusch on the history of policing, police training, and an introduction to the department's use of force policy.

Some members of the group asked questions or offered a short comment.

City Attorney George Van Ness led off the discussion with an overview of Gov. Andrew Cuomo's executive order mandating such review committees -- called "stakeholder groups" -- for all municipalities in the state that operate a police agency.

The group is charged with reviewing all local police policies and procedures and making suggestions for possible revisions. The plan that comes out of the group's work will be forwarded to the City Council. The plan will be subject then to public input and comment. The council will be expected to review and potentially approve the plan. Once certified, the plan will be sent to the state's Office of Management and Budget.

The executive order states municipalities that fail to follow through by April 1 could lose state funding.

For more on the composition of the group, which is comprised of city officials, community members, and subject-area experts, click here.

The Evolution of Policing

Recalling policing's evolution, Heubusch started with officers walking the beat on night patrol in big cities checking that buildings were secure and dealing with vagrants and drunks. Soon, officers took on the job of investigating crimes. Then when cars became common, police officers were charged with traffic enforcement, with a later emphasis catching people driving under the influence of alcohol or narcotics.

In the 1990s, there was a big push for officers to deal with domestic violence, including mandatory arrests in some situations. Modern departments also employ officers to deal with juveniles. In the late 1990s, the war on drugs started and officers put more emphasis on finding people selling or taking drugs and arresting them. Now, officers put more emphasis on getting drug users into rehabilitation.

In Genesee County, police officers assist Genesee Justice with curfew checks.

Community policing has always been a part of a police officer's job, Heubusch said. Since he became chief in 2014, he started a community outreach committee in the department that looks for ways to connect police officers with community members. Programs include shop-with-a-cop, coffee-with-a-cop, and foot patrols.

Police officers also need training in dealing with mental health issues and conflict de-escalation.

More recently, police officers are called on to enforce pandemic-related regulations and quarantine violations.

And nearly all those police activities have corresponding paperwork for the officer to complete.

"That's kind of what modern policing looks like," Heubusch said. "It's a lot. It's one of the reasons going through the academy these says is so long, because there's so much to learn."

Heubusch went through the academy more than 20 years ago when the required training took 600 hours. Now it's 800 hours.

Once an officer graduates from the academy, the officer is required to have 640 hours of field training.

Body Cams, Use of Force Policy, Job-related Stress

A member of the group asked about the use of body cams and Heubusch said since 2014 all officers are required to wear a body cam. Activating the device requires the officer to click a button twice and they are supposed to turn it on for every interaction with citizens with exceptions for emergencies that require quick action from the officer.

Asked if there is an issue with officers forgetting to activate the camera, Heubusch said there have been very few times where the department has needed to investigate a complaint or needed video footage for evidence and supervisors discovered the camera has not been activated.

The discussion then moved to the next agenda item, Batavia's policy on Use of Force (you can read it for yourself on the city's website (pdf)).

While the chief discussed the policy briefly, group members are asked to read it before the next meeting, which will feature an in-depth discussion of the policy.

Heubusch noted that decisions about use of force are often split-second at best and in that time the officer must assess the threat level and what the legally appropriate amount of force is necessary to neutralize the threat.

"They have to use reasonable force given the circumstances right in front of them at that moment in time," Heubusch said.

To help officers be better prepared in stressful situations, they go through from eight to 16 hours of reality-based training every month.

Batavia PD puts officers through more reality-based training than most small police departments, Heubusch said, because the training carries some small risk of officers getting injured since it's a physical activity.

Community member Billy Blackshear asked about stress levels police officers faced and where that factored into training.

Heubusch said in recent years, there's greater awareness about job-related stress in law enforcement. The things they see, the situations they deal with, can take a toll.

"That's one reason 20 years is long enough to be on the job," Heubusch said. "That stuff compounds."

When officers are dealing with stress, either because of something that happened on the job or in their personal life, they are taken off of street patrol, Heubusch said.

The Rigors of the Hiring Process

In response to a group member's comment, Heubusch said because of retirements, the current police office is comprised of nearly half of the officers being hired in the past two years. Some of those officers had prior experience, but the average age of the force now is somewhere around 24 or 25 years old.

YWCA Executive Director Millie Tomidy-Pepper asked if officers are subjected to a background check before being hired. That started a long discussion about how officers are hired.

The state's civil service law will only allow the department to consider the people with the top three scores on the civil service exam.

There are exceptions that allow the department to consider a lower-scoring candidate, such as a candidate withdrawing an application, but those exceptions are few. Only in recent years has a police chief had the option of passing over a candidate who failed a psychological exam.

There is a criminal background check but only a felony conviction is disqualifying.

The candidate must complete a 28-page background check questionnaire. 

"You would be surprised how many candidates omit things that they don't think we'll find," Heubusch said.

A detective interviews each candidate. The background check includes contacting former employers and references as well as locating people the candidate didn't name as a reference. The neighborhoods where the officer once lived are canvassed for people who can share relevant information about the candidate. Former spouses and boyfriends or girlfriends are interviewed.

"Anybody we can speak to who can speak to the person's character, we want to talk with them," Heubusch said.

There is a credit history check and a social media check.

Then there is a psychological exam with a specialist in police officer duty in Rochester.

Then a panel interview.

Finally, the candidate must take a polygraph.

"If you don't pass the polygraph, you don't get a job offer," Heubusch said.

The whole process takes several weeks.

Victor Thomas, a community member and representative of Just Kings Social Club, said, "That sounds like a lot. It seems you almost have to be perfect to get a job." Then he got a laugh when he said, "I think you just explained to me why I didn't get in."

Heubusch said, "we're not looking for perfect people. We all have skeletons in our closets. What we're looking for are major issues."

The big problem with the process, Heubusch said, is the state law mandating the department to only consider the top three candidates from the civil service exam. There are often better candidates, including some from our local community, who are not among the top three scorers. He would like to see New York go to a system, like some other states, where the exam is "pass/fail," which would mean, perhaps, if 200 people took the exam, the police department could consider up to 100 candidates, including local candidates.

Community member Michael Henry asked if officers receive cultural awareness training. Heubusch said they do in the academy but he didn't have the curriculum with him.

Anibal Soler Jr., superintendent of Batavia City School District, noted that in none of the material provided to group members nor during the presentation was the issue of race mentioned and he suggested a discussion of race be included in any policy reform, training, and in hiring practices. 

City Church Pastor Marty Macdonald took exception to a comment by Heubusch that suggested past behavior was predictive of how a person might do as a police officer. He spoke at length about the ability of people grow, learn and reform.

Heubusch said he agreed and said his comment was meant to refer to references from former employers.

Blackshear commended the chief for his foresight, mentioning he met with Heubusch some years ago, in addressing community issues and trying to reach young people, including trying to recruit young people to a career in law enforcement.

Beyond Diversity -- Doing the Job Correctly with Accountability

Brandon Armstrong, a small business owner and also a member of Just Kings, said he was going to bring up what he thought would be an unpopular opinion: That the big issue was not the diversity of police departments, but the inability of police departments or the justice system to punish police officers who don't do their job the right way. He noted that there have been black police officers accused of acting just as bad as white police officers in other jurisdictions.

"We do need diversity but if somebody isn't doing the job right, they need to better held accountable for it," Armstrong said. "I don't care what color they are."

The opinion wasn't unpopular at all. Other group members said they agreed and nobody disagreed.

Anibal Soler Jr.

Shawn Heubusch

Deirdre A. Louchren, 55, of State Street, Batavia, is charged with abandonment of animals. She was arrested on Sept. 22 for an incident that occurred at 8 p.m. Aug. 25 outside a residence on State Street. Louchren was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Jan. 12. The case was investigated by Batavia Police Officer Jordan McGinnis, assisted by Officer Arick Perkins.

David L. Hausler, 32, of North Bergen Road, Bergen, is charged with making graffiti, a Class A misdemeanor. At 5:17 p.m. on Sept. 17, Hausler was arrested on a warrant out of Batavia City Court for allegedly making graffiti on the outside wall of a local business on Center Street in Batavia at 11 p.m. Feb. 5. He is due in Batavia City Court on Oct. 27 to answer the charge. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Christopher Lindsay.

Nateeka M. Gibson, 31, of Tracy Avenue, Batavia, is charged with fourth-degree grand larceny -- taking property from a person. At 12:53 p.m. on Sept. 20, Gibson was arrested after she allegedly took money from another person and walked away. She was released on an appearance ticket and is due in Batavia City Court on Jan. 5. The case was handled by Batavia Police Officer Miah Stevens.

Jesse A. Russell, 30, of Alleghany Road, Alabama, is charged with second-degree harassment. He was arrested Sept. 15 at 4:30 a.m. after allegedly punching a person at a residence on Ross Street in Batavia. He was arraigned in Batavia City Court at 3:42 that afternoon via Skype. Russell was then released on his own recognizance and is due back in city court Nov. 17. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Jordan McGinnis.

Adam M. Jellison, 42, Sierk Road, Attica, is charged with second-degree criminal contempt. On Sept. 22 at 9:02 a.m., Jellison was arrested on Columbia Avenue in Batavia after police were responded to a 9-1-1 call. After a brief investigation, it was allegedly found that he was violating an order of protection by being there. Following arraignment in Batavia City Court, he was jailed with bail set at $2,000 cash, $4,000 bond or $8,000 partially secured bond. Jellison is due back in city court Sept. 29. The case was handled by Batavia Police Officer John Gombos, assisted by Officer Miah Stevens.

Michael Wesley Flint, 21, of Spring Street, Mount Morris, is charged with second-degree criminal contempt. He was arrested after an investigation into a domestic incident that occurred on Aug. 31 in which he allegedly violated an order of protection. He was released on an appearance ticket and is due in Batavia City Court on Dec. 29. The case was handled by Batavia Police Officer Samuel Freeman.

Peter J. Ozzimo Jr., 50, of Orchard Street, Perry, is charged with: driving while intoxicated, with a BAC of .08 percent or more; DWI -- common law; and no or insufficient tail lamps. Ozzimo was arrested after a traffic stop at 1:53 a.m. Sept. 20 on West Main Street in Batavia. It is alleged an officer observed a traffic violation, prompting the stop. He was released with several traffic tickets and is due in Batavia City Court on Dec. 30. Batavia Police Officer Sean Wilson handled the case, assisted by Officer Jordan McGinnis.

Erica M. Raphael, 35, of Pratt Road, Batavia, is charged with petit larceny. Raphael was arrested after Batavia Police Officer Nicole McGinnis responded to Top's Friendly Market on West Main Street in Batavia for a shoplifter reported to be taken into custody by store staff. Raphael was issued an appearance ticket and is due in Batavia City Court on Dec. 8.

 

A motor-vehicle accident is reported on Main Street at Ellicott Street, in front of the Post Office.

A woman has a head laceration.

Three children are involved.

A second ambulance is requested to the scene.

City fire and Mercy EMS dispatched.

Justice Ruth Bader Ginsburg was remembered and celebrated by area residents outside the Old Courthouse in Batavia on Tuesday evening as not only a champion of equal rights for women but for her fervent support for equal rights for all people.

Among the speakers, Millie Tomidy-Pepper, director of the YWCA, who celebrated Ginsburg's legacy as a fierce fighter for equality rights and justice.

"Time and time again," Tomidy-Pepper said, "each one of us here tonight has undeniably reaped the benefits of her actions."

Amy Martoche, a candidate for New York's Supreme Court, called Ginsburg an inspiration and that throughout her career, she's known that each day she goes to work, she is standing on the shoulders of Ginsburg.

"She was small in stature but a giant in every other way," Martoche said. "She had the brains and power to help those of us without power."

Akeem R. Gibson 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 Feb. 29 in the City of Batavia that Gibson possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day he knowingly possessed one or more preparations, compounds, mixtures or substances with an aggregate weight of 1/8th ounce or more. In count three, Gibson is accused of aggravated unlicensed operation of a motor vehicle in the third degree, a misdemeanor. It is alleged in count three that on that day Gibson drove a 2005 Chrysler on Ellicott Street while his driver's license was suspended by authorities.

Stephen M. Esposito is indicted for the crime of aggravated vehicular assault, a Class C felony. It is alleged that on Feb. 7 on Route 98 in the Town of Batavia that Esposito engaged in reckless driving and caused serious physical injury to another person. He is accused of driving a 1999 Ford F250 Supercab truck while his ability to do so was impaired by use of a drug and that he operated the vehicle in a manner that caused serious physical injury to a person. In count two, he is accused of driving while ability impaired by drugs, a Class E felony, for driving that day while his ability to do so was impaired by drugs. In Special Information filed by the District Attorney, Esposito is accused of having been convicted of the crime of driving while ability impaired by drugs on March 10, 2016 in Town of Stafford Court and that conviction is within 10 years of crimes alleged in the current indictment.

Patrick O. Spikes is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Dec. 24 that Spikes knowingly entered or remained unlawfully in a building in the first block of Porter Avenue in the City of Batavia with intent to commit a crime. In count two, he is accused of first-degree criminal contempt, a Class E felony. It is alleged in count two that on that day he violated of an order of protection, that he acted with intent to harass, annoy, threaten or alarm the protected person, and subjected that person to physical contact or threatened to do so. In count three, Spikes is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged in count three that on that day, he applied pressure to the throat or neck of the protected person with the intent to impede normal breathing or blood circulation.

Edward C. Simmons is indicted for the crime of second-degree burglary, a Class C violent felony. It is alleged that on Sept. 16, 2019, that Simmons knowingly entered or remained unlawfully in a building with intent to commit a crime. The building was a dwelling in the 2600 block of East Shelby Road in the Town of Oakfield.

Kyle A. Scheuerlein is indicted for the crime of criminal obstruction of breathing or blood circulation, a Class A misdemeanor. It is alleged that on March 8 in the City of Batavia, Scheuerlein impeded the breathing or blood circulation of another person by applying pressure on that person's throat or neck. In count two, he is accused of second-degree assault, a Class D violent felony. It is alleged that on that day, with intent to cause physical injury to a person, that he cause such injury with a dustpan with a long handle. In count three, he is accused of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count three that on that day he possessed a dangerous instrument -- a dustpan with long handle -- with intent to use it unlawfully against another person. In Special Information filed by the District Attorney, Scheuerlein is accused of having been convicted in in the Circuit Court of the 18th Judicial District, in Du Page County, Ill.: of: (1.) theft of stolen property with intent to deprive, a Class A misdemeanor, Aug. 2, 2011; (2.) theft -- unauthorized control with intent not exceeding $300, a Class A misdemeanor, Aug. 2, 2011; (3.) burglary, a Class 2 felony, on Aug. 2, 2011; (4.) retail theft, possessing displayed merchandise not exceeding $300, a Class A misdemeanor, Feb. 10, 2012; (5.) theft -- unauthorized control with intent to benefit between $500 and $10,000, a Class 3 felony, Feb. 10, 2012; (6.) consumption of alcohol by any person under age 21, a Class A misdemeanor, Feb. 17, 2012; (7.) retail theft -- possession of displayed merchandise, a Class A misdemeanor, June 25, 2013; (8.) retail theft -- possession of displayed merchandise not exceeding $300, a Class A misdemeanor, on June 25, 2013. These convictions form the basis for count three in the current indictment.

Eric J. McGill is indicted for the crime of criminal possession of a weapon in the third degree, a Class D felony. It is alleged in count one that on Nov. 5 in the area of Hutchins Place in the City of Batavia that McGill possessed a dangerous instrument -- a bat, with intent to use it unlawfully against a person. In count two, McGill is accused of second-degree menacing, a Class A misdemeanor. It is alleged in count two that on that date he intentionally placed or attempted to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a bat. In count three, McGill is accused of criminal possession of a weapon in the third degree. In count three, it is alleged that on April 12 in the same area, he possessed a billy (an expandable baton). In count four, he is accused of the same crime as in count one, for allegedly possessing an electronic stun gun April 12 in the same area. In count five, he is accused of the same crime as count one, for allegedly possessing a billy on May 2 in the same area. In count six, McGill is accused of the same crime as in count one, for allegedly possession a billy in the same area on June 18. In count seven, the defendant is accused of criminal possession of a weapon in the second degree, a Class D felony, for allegedly possessing a billy on June 18, with intent to use it against another person. In count eight, McGill is accused of the same crime as in count one, for allegedly possessing an electronic stun gun June 18 in the same area. In count nine, McGill is accused of a second count of second-degree criminal possession of a weapon, for allegedly possessing an electronic stun gun June 18 in the same area with intent to use it against a person unlawfully. In Special Information filed by the District Attorney, McGill is accused of having been convicted: on Nov. 10, 2008, in Orleans County Court of attempted making a terroristic threat, a Class E felony; on Sept. 7, 2017, in Town of Shelby Court, of third-degree menacing, a Class B misdemeanor; and on June 13, 2018, in Town of Albion Court, of attempted petit larceny, a Class B misdemeanor. The convictions form the basis for all counts in the current indictment except count two.

Laura Vazquez Coronado is indicted for the crime of driving while intoxicated as a Class D felony. It is alleged that on May 13 in the Town of Byron that Coronado drove a 2009 Chevrolet Cobalt on Griswold Road while she was intoxicated. In count two, Coronado is accused of DWI, per se, as a Class D felony, for allegedly having a BAC of .08 percent or more at the time. In count three, she is accused of aggravated unlicensed operation of a motor vehicle in the first degree, a Class E felony, for allegedly knowing at the time that her driver's license was suspended or revoked by authorities and she was driving while allegedly under the influence of alcohol or a drug. In Special Information filed by the District Attorney, Coronado is accused of having been convicted of DWI, as a misdemeanor, on July 25, 2018 in Town of Elba Court, and of the same crime Nov. 28, 2018 in Town of Elba Court. The convictions form the basis for count three of the current indictment.

Samantha G. Reff is indicted for the crime of aggravated driving while ability impaired by drugs, a Class E felony. It is alleged that on Dec. 3 on Route 5 and Kelsey Road in the Town of Batavia that Reff drove a 2006 black Pontiac Torrent while her ability to do so was impaired by use of a drug and that she did so while a child age 15 or less was a passenger. In count two, Reff is accused of aggravated driving while her ability was impaired by drugs, a Class E felony, and while a second child age 15 or less was a passenger. In count three, Reff is accused of endangering the welfare of a child, a Class a misdemeanor, for allegedly knowingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17. In count four, she is accused of the same crime as in count three because a second child less than 17 was involved. In count five, Reff is accused of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for allegedly knowingly possessing buprenorphine and naloxone. In count six, she is accused of the same crime as in count six for allegedly knowingly possessing alprazolam.

Derrick R. Kio is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Feb. 21 in the Village of Le Roy that Kio intentionally disobeyed or resisted a stay away order of protection. In count two, he is accused of aggravated unlicensed operation in the second degree, an unclassified misdemeanor. It is alleged in count two that on that day Kio operated a vehicle in the Village of Le Roy while his driver's license was suspended or revoked by authorities. It is further alleged that at the time, he had three or more suspensions imposed on three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the District Attorney, Kio is accused of having been convicted of second-degree criminal contempt, a Class A misdemeanor, on Dec. 19 and that conviction was within five years of the crime alleged in the current indictment.

John M. Tullar is indicted for the crime of driving while intoxicated as a Class E felony. It is alleged that on March 3 in the Town of Bergen that Tullar operated a 2010 Ford on Route 33 while he was intoxicated. In count two, Tullar is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In Special Information filed by the District Attorney, Tullar is accused of having been convicted of DWI, as a misdemeanor, on Nov. 23, 2010 in the Town of Ogden Court, Monroe County, and that conviction was within 10 years of the crimes alleged in the current indictment.

Consultant Ed Flynn led a City Centre Feasibility Study open house last night, which was an opportunity for community members to weigh in on the future of the mall.

Top photo taken in January.

Submitted photos and press release from the Batavia Cemetery Association:

With heavy hearts and out of an abundance of caution, the Batavia Cemetery Association Board of Directors decided to cancel the annual Halloween Candlelight Ghostwalk for Oct. 24.

After much discussion, the board felt the safety of the reenactors and the public could not be guaranteed during the coronavirus pandemic when people must stand so closely together to hear the presentations. 

This is a financial blow, as the ghost walk is a major yearly fundraiser for the upkeep of the cemetery. 2020 has been a difficult year for everyone, and the cemetery has suffered great losses as well.

One of the oldest maple trees in the cemetery, and probably in Batavia, was felled by winds in January. It is reckoned the tree was approximately 200 years old. During the same storm, a large branch came down from another maple in front of the Ellicott Monument and that tree needs to be removed.

Several headstones were damaged and need repairing.

Earlier this month, a large maple along the driveway was split in half by high winds and took down two new maple trees on the other side of the driveway that were planted several years ago. It has cost several thousand dollars so far to remove three large trees.

Three other maples that have reached the end of their lives and three ash trees that have been killed by the Emerald ash borer must be removed to prevent further headstone damage. 

The board hopes to remove the dead trees this fall and begin a project next summer to grind out the stumps and replace the stately maples along the driveway. To accomplish this will require community help.

Any donations would be gratefully accepted, and may be made to Batavia Cemetery Association, 22 Fisher Park, Batavia, NY 14020. 

Please come and have some spooky fun in October, 2021 at the next Halloween Candlelight Ghostwalk!

Below, another photo from January.

Below, photo taken this month.

Below, another photo from taken this month.