batavia

Press release:

At 8:05 p.m. on July 26, the City of Batavia Fire Department was dispatched to a reported residential basement fire located at 438 Ellicott St. First arriving fire units were on scene at 8:08 p.m.

Upon arrival, firefighters found a working fire with heavy smoke and flames visible. Responding crews made an aggressive interior attack of the basement and were able to confine and contain the fire and the situation was called under control by command at 8:42 p.m.

While the fire was contained to the basement of the structure, there was smoke and heat damage to the first and second floor due to the intensity and balloon frame construction that allowed for additional diffusion.

All occupants were able to self-extricate along with a cat from the residence. One adult and two teenagers are receiving lodging assistance from the Red Cross.

Additionally, a City firefighter was injured while fighting the fire. He was sent to United Memorial Medical Center (UMMC) for evaluation, and has been released and is seeking follow-up medical treatment.

At this time the City of Batavia’s Fire Investigation team is investigating the fire to determine the origin and cause. Pending further investigation, the fire has been label undetermined. A final determination will be made upon completion of the investigation.

City fire was assisted at the scene by the City of Batavia Police, Mercy EMS, and the Genesee County Sheriff and Emergency Management Departments with additional support provided by the Town of Batavia Fire Department and Genesee County Emergency Dispatch.

Photos by Frank Capuano.

Angela Schlaggel spotted this white pigeon in the parking lot of The Salvation Army in Batavia and noticed it was wearing a bracelet. 

The pigeon had been at the location for the last two hours at the time Schlaggel sent us the picture this morning.

"It has a bracelet and isn't bothered by my presence at all so I think it may be someone's escaped pet," she said. 

A trio of goats in a tiny pen in the hot sun in a field off Route 63 has a caller to the Genesee County Animal Shelter concerned, and the animal control officer asked to speak to the caller, according to a dispatcher.

Earlier today, The Batavian received an email from a passerby who does not live locally. She wrote:

"I was traveling through yesterday on Route 63 between Batavia and Oakfield and noticed three goats in a VERY small fenced enclosure with no shade available. There was a small plastic 'house' but I'm not sure they would all fit inside and I'm sure it would be horribly hot if they could have. The enclosure was in the middle of a field not far from the road.

"I went by before noon and back again around 5:30. They were all still there. ... I felt so bad for them. What they need is definitely a larger fenced area and some thing to provide shade -- even a tarp over part of the fence would be OK."

A caller reports three kids are hanging on the new Walnut Street Bridge, part of the new Ellicott Trail, and jumping into the Tonawanda Creek. City police are responding.

A woman who lives in the 9200 block of Shepard Road in Batavia is "extremely upset" because a bat flew into her kitchen and she does not know what to do. She tried enlisting neighbors' help but it wasn't too helpful. A sheriff's deputy just arrived "in the kitchen." He'll know what to do.

A caller to dispatch reports a small white car with a small yellow dog barking inside is parked near the pharmacy entrance at Walmart. An animal control officer is responding. It's about 82 degrees outside.

UPDATE 1:26 p.m.: "Can I get someone to get me into this car please?" an officer asks a dispatcher. A deputy is responding.

UPDATE 1:41 p.m.: The deputy gained access to the vehicle and the animal control officer is taking the pooch to the Genesee County Animal Shelter. She asked what the initial time of call was -- 1:08 p.m. -- and noted that no one had come out to vehicle while they were there.

UPDATE 1:45 p.m.: The animal control officer asks what the Genesee County Emergency Dispatch Center is showing for the local temperature and the reply is 84 degrees.

UPDATE 2:55 p.m.: A deputy is out with the registered owner of the vehicle at the Genesee County Animal Shelter.

A working fire is reported at 438 Ellicott St. in the City of Batavia. City fire is responding. Third platoon is called in.

UPDATE 8:17 p.m.: All available manpower at city fire is called to the scene. Town of Batavia Fire Department is asked to stand by in city headquarters on Evans Street. The fire scene is between Ellicott Place and South Swan Street.

UPDATE 8:23 p.m.: Commands calls for a National Grid rep to the scene and a building code inspector.

UPDATE 8:28 p.m.: National Grid has been notified; not ETA provided.

UPDATE 8:42 p.m.: Fire is under control.

UPDATE 8:50 p.m.: National Grid is on scene.

UPDATE 9:14 p.m.: The Salvation Army or American Red Cross, whichever is first available, requested to the scene to assist one adult and two teenagers with lodging. 

UPDATE 9:16 p.m.: Batavia PD has a traffic stop on a vehicle that drove through the fire scene.

UPDATE 9:41 p.m.: Ellicott Street is reopened.

UPDATE 10:34 p.m.:  Engine 11 remaining on scene. Engine 14 returning to quarters.

A caller outside Marshalls in Towne Center at Batavia reports a white male in blue jeans, a grey, button-down shirt, safari hat, and with his face fully covered is walking around putting flyers on cars and "looking suspicious." 

The caller wishes to speak with a patrol officer.

An animal control officer is responding to BJ's Wholesale Club parking lot for a report of a dogged locked inside a gray Chevy Silverado. The engine is running; the window is cracked; the dog is barking. It's about 80 degrees outside today.

UPDATE 12:04 p.m.: The caller reports the driver of the Silverado is leaving and a license plate was provided. The officer says she will call the complainant.

It isn't just headstones Michael Tomaszewski is suspected of not delivering to cemeteries but bodies, too, including the remains of a stillborn baby.

Chief Deputy Joseph Graff, Sheriff's Office, said that investigators are looking into multiple incidences of mishandling remains at Tomaszewski's facilities on West Main Street Road, Batavia.

Graff wouldn't elaborate other than to confirm the investigation into the remains of a baby and a veteran.

The investigation into remains being stored at the Michael S. Tomaszewski Funeral Home & Cremation Chapel, and possibly at Tomaszewski's adjoining properties, began in January 2019.

That's when Genesee County Coroner Jeff McIntire received a call from the estranged stepdaughter of Peter Vandetta, a 20-year Army veteran, who died in April 2018.

Ronda Grabowski said she wasn't notified of Vandetta's death immediately, but became suspicious after reviewing his death certificate.

She contacted Coroner McIntire and asked him to find out where her stepfather's body was buried.

McIntire found the death certificate and discovered Vandetta's passing was one of his cases, so he tried contacting the Bath (NY) National Cemetary, where Vandetta was supposed to be interred, to find out if he was buried there. McIntyre said he made a few calls, each time being told there was no record of Peter Vandetta at the cemetery.

He followed up with Tomaszewski and McIntire said the funeral director assured him he had taken Vandetta's remains to Bath and he could provide him with the grave coordinates.

After being told by officials at Bath once again that Vandetta was not lain to rest at the national cemetery, McIntire asked Tomaszewski to provide him with the grave coordinates. But, when pressed, Tomaszewski couldn't do it, he said.

At that point, McIntire turned the investigation over to the Genesee County Sheriff's Office.

A short time later, McIntire received a call from an investigator and was told that the remains of an adult male at been located in the garage at the Tomaszewski funeral home.

McIntire ordered the remains delivered to the Monroe County Medical Examiner's office for positive identification. That ME's office did confirm the remains were Vandetta's.

Grabowski told 13WHAM, The Batavian's news partner, that she confronted Tomaszewski about the situation. She said he told her the cousin who was supposed to handle arrangements never contacted him with instructions on how to proceed.

After the ID was confirmed, a cousin apparently authorized the return of the remains of Vandetta to Tomaszewski, who published Vandetta's obituary on Aug. 6, 2019, with services to be held at the funeral home on Aug. 11. Vandetta is now interred at Bath National Cemetary.

Asked for his thoughts on the case, McIntire, himself a military veteran, said, "You know, I can’t even tell you what my thoughts are. I don’t even understand. I don't know. I hope the system works and we’re able to find out what happened and what went wrong."

Graff said there has been an active investigation into the Vandetta case since January 2019, and he also confirmed that the Sheriff's Office has been contacted about the possible inappropriate handling of other human remains. Graff declined to say how many complaints there might be but did confirm that one involves a stillborn baby.  

District Attorney Lawrence Friedman said he has been aware of the investigation but has not been handed a case yet by the Sheriff's Office so couldn't comment further on possible charges.

Chief deputy Graff also said he and other investigators were kept busy fielding calls from more possible victims of Tomaszewski.

On Thursday, the Sheriff's Office announced the arrest of the funeral director on about 200 charges involving the alleged misuse of prepaid funeral arrangement funds and Tomaszewski's possible failure to purchase headstones and gravesites as paid for and promised to clients.

It's alleged that in the initial set of charges, Tomaszewski may have misused about $525,000 in funeral funds he deposited.

Earlier this year, Tomaszewski and his company, Acme Holdings of N.Y. Inc., filed for Chapter 11 bankruptcy. He lists $1,094,346 in assets against $3,242,390 in liabilities.

If convicted, Tomaszewski will certainly be ordered to pay restitution to victims. Restitution cannot be discharged, like other debts, in bankruptcy court.

Previously: Local funeral director charged with stealing money from customers

A caller reports about six people -- males and females -- are trying to gain access to vehicles in the Aldi parking lot. City police just arrived on scene. The caller said they were trying to use coat hangers and other implements. They were trying to get into a Prius and had attempted to get into a Lexus, the caller said.

In the age of COVID, when many indoor activities are curtailed and we're supposed to keep our distance outside, Debra Webster decided she could use the park-like area behind her business, Dave's Ice Cream, on West Main Street, as a place to give people something to do.

This week, she kicked off a summer concert series featuring Austin Wahl, a guitar performance student at the Eastman School of Music in Rochester.

Webster plans free concerts from 6:30 to 8 p.m. on Thursday nights during the summer.

A caller to dispatch says a male stole a microwave oven about an hour ago from a yard sale on Bogue Avenue in the city. Police are responding.

A middle-aged man has been run over by a tactor at a location on Upton Road, Batavia.

He is conscious and alert.

Mercy Flight is on in-air standby.

East Pembroke fire and Mercy EMS dispatched.

UPDATE 11:33 a.m.: A landing zone is being established for Mercy Fight.

UPDATE 11:36 a.m.: Mercy Flight #7 is on the ground.

UPDATE 11:55 a.m.: East Pembroke assignment is back in service.

Kevin J. Jackson Jr., 30, of Batavia (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; uninspected motor vehicle; criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia in the second degree; and criminal possession of a weapon in the fourth degree. At 2:21 a.m. on July 21, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation on Route 246 in the Town of Perry. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. Jackson was issued an appearance ticket and is due on Town of Perry Court at a later date.

Robert J. Anzalone, 34, of Le Roy (no address provided), is charged with: driving while ability impaired by drugs; driving while ability impaired by drugs -- combination; failure to keep right; and having inadequate plate lamps. At 12:17 a.m. July 19 on Silver Lake Road in the Town of Perry, Wyoming County Sheriff's Deputy Bliss conducted a roadside stop for a traffic violation. A field sobriety test was conducted and Anzalone was arrested. He submitted to a Drug Influence Evaluation administered by a Drug Recognition Expert, who allegedly found the defendant impaired by multiple drug categories. No further information provided about court.

Press release:

In recent days, Michael S. Tomaszewski Funeral and Cremation Chapel LLC in Batavia has been accused of pre-need theft. During this unfortunate time, we would like to first and foremost like to extend our sincerest condolences to all those affected.

As a family-owned business since 1900, we consider the opportunity to serve the communities of Genesee County an absolute privilege. Our staff works diligently to provide you and your loved ones with the utmost respect and care and are humbled when we are granted the honor of doing so.

With that said, if you or a loved one held pre-need funeral arrangements with Michael S. Tomaszewski Funeral and Cremation Chapel LLC we want to help! We will assist in possible recovery of funds and can help to determine if you and your family qualify for donation of service from our funeral homes.

As lifelong residents of Genesee County, our family of funeral homes will continue to provide the highest standards for our community and we are dedicated to restoring the dignity your family deserves.

Please don’t hesitate to call – (585) 344-4295. Our lines are open 24/7 and as your neighbors, we’re here to support you through this difficult time. lease, allow us to earn your trust.

Sincerely,
Justin D. Calarco-Smith, Joshua J. Smith, Steven L. Johnson, Randy W. McIntire, James F. Smith
The Bohm-Calarco-Smith, H.E. Turner & Co. Inc., and Burdett & Sanford Family

Local funeral director Michael S. Tomaszewski, 48, is being charged with 91 counts of failure to deposit monies paid in advance in connection with agreements for funeral merchandise or services.

He has been arrested following an investigation by the Genesee County Sheriff's Office.

The Sheriff's Office opened an investigation into Tomaszewski after a client of the Office of the Aging received a complaint from a customer of the Michael S. Tomaszewski Funeral Home & Cremation Chapel. The client expressed concern regarding a deposit made for prepaid funeral arrangements. 

The investigation led authorities to conclude that Tomaszewski had received prepayments from 91 customers for which trust accounts were never opened.  

Reached this afternoon, Tomaszewski declined to comment.

When a funeral director receives prepayment for funeral services, the director is required under NYS law to place the money in a trust account within 10 days.  

Investigators believe no such accounts were ever opened. 

Additionally, Tomaszewski is accused of receiving payment for two headstones, and gravesites that were never purchased.

The deposits ranged from $350 to $15,500. It's alleged that Tomaszewski's customers sustained a total loss of approximately $525,000.

In February, Tomaszewski filed for bankruptcy under Chapter 11 in Federal Court.

Tomaszewski is charged with 61 counts of third-degree grand larceny, 29 counts of fourth-degree grand larceny 4th, and three counts of petit larceny.

He is also charged with five counts of falsifying business records in the first degree. He is accused of creating fake business documents reflecting nonexistent account information for trust accounts.

The longtime funeral director, who also owns the Dibble Family Center, is also accused of knowingly sending fake documentation to the Department of Social Services and is charged with offering a false instrument for filing in the first degree.

There are also two counts of scheme to defraud filed against Tomaszewski. He is accused of engaging in a scheme constituting a systematic course of conduct with intent to defraud at least 10 people by making false promises to obtain money. He is also accused of defrauding a vulnerable elderly person as defined by state law.

Today, Tomaszewski was arraigned in Genesee County Court by Judge Charles Zambito via Skype. He was released on his own recognizance and is scheduled to appear in Batavia Town Court at 10 a.m., Sept. 17.

The investigation is ongoing and further charges are expected, according to the Sheriff's Office. Anybody who wishes to check the status of any prepaid account can call (800) 577-3752 to verify the existence of a preplan account. Anybody who believes they are a victim is asked to call the Sheriff's Office at (585) 343-5000.

In his personal bankruptcy, Tomaszewski lists $409,896 in assets, including a home on Edgewood Drive valued at $396,549. He claims to owe $1,570,682 to 25 creditors, including more than $25,000 to the IRS along with back taxes owed to the State of New York.

Tomaszewski is the owner of Acme Holdings of NY Inc. Acme owns the building that houses his funeral home, and adjacent property, including the Dibble Center. Acme has also filed for bankruptcy. In the Acme bankruptcy filing, Tomaszewski lists $684,450 in assets and $1,671,708 in debts.

Batavia PD Assistant Chief Chris Camp walks on North Lyon Street with a K9 officer from Monroe County who was assisting Batavia PD this afternoon in a search in the area of Montclair Avenue and Vernon Avenue in an effort to find any items related to the shooting last night at Days Inn.

A shirt that may be connected to the incident was located in the backyard of a residence in the area.

Camp said the search effort is part of the ongoing investigation.

The suspect, Jacob Sponaugle, 21, of Montclair Avenue, is charged with attempted murder.  The victim, whose name has not been released, is in stable condition at Strong Memorial Hospital.

Batavia PD encourages anyone with any further information to contact the police department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

For more on the case, click here.

Michael J. Hilton, 29, of Robbins Road, Le Roy, is charged with petit larceny. He was arrested after an investigation into an incident that occurred at 2:40 p.m. July 15 on Osterhout Avenue, Batavia. He allegedly stole a puppy from a resident. He was issued an appearance ticket and is due in Batavia City Court at 1 p.m. on Oct. 20. The case was investigated by Batavia Police Officer Samuel Freeman, assisted by Officer Christopher Lindsay.

Jamie L. Soto, 45, of West Main Street, Batavia, is charged with second-degree harassment. Soto was arrested at 6:50 p.m July 17 at an apartment on Liberty Street, Batavia. She is accused of pushing a family member. Soto was released with an appearance ticket for Oct. 21 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker.

Anthony L. Rice, 27, of Hutchins Street, Batavia, is charged with failure to appear in Batavia City Court. A warrant was issued for his arrest for failing to appear on traffic tickets on Nov. 15. Following his arrest, he was released with an appearance ticket to be in city court on Aug. 25. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Joshua Girvin.