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Man in United States illegally arrested after bloody domestic violence incident on Wood Street, Batavia

By Billie Owens

A man found to be illegally in the United States was arrested after a bloody domestic incident on Wood Street in Batavia last night.

At 9:15 p.m., Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck. The victim indicated the suspect, Reynauldo Diaz-Ruiz, had cut her with a knife and was still inside the apartment. Officers located the man and attempted to take him into custody, but he allegedly refused to comply and physically resisted arrest.

Officers were eventually able to subdue Diaz-Ruiz and take him into custody after deploying a Taser. Diaz-Ruiz was transported to the Batavia Police Department where he allegedly attempted to take the service weapon of the escorting officer, who was able to subdue Diaz-Ruiz until additional officers arrived. Diaz-Ruiz was then transported to UMMC for a medical evaluation and released a short while later to the custody of Batavia PD.

Through investigation it was learned Diaz-Ruiz is in the country illegally.

Diaz-Ruiz was arraigned in Batavia City Court with the assistance of a court-appointed interpreter on the following charges:

  • First-degree assault (Class B felony);
  • Third-degree attempted robbery (Class E felony);
  • Second-degree attempted escape (Class E felony);
  • Fourth-degree attempted grand larceny (misdemeanor);
  • Attempted menacing a police officer (Class E felony);
  • Attempted criminal possession of a firearm (misdemeanor);
  • Second-degree menacing (misdemeanor);
  • First-degree reckless endangerment (Class D felony);
  • Second-degree reckless endangerment (misdemeanor);
  • Fourth-degree criminal possession of a weapon (misdemeanor);
  • Criminal mischief;
  • Resisting arrest (misdemeanor);
  • Obstruction of governmental administration (two counts).

Diaz-Ruiz was put in Genesee County Jail without bail. An immigration detainer was also lodged against him.

The Batavia Police Department was assisted by Mercy medics, the Genesee County Sheriff’s Office, and the U.S. Immigration and Customs Enforcement Agency out of Batavia.

Anyone with information in reference to the case may contact the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or- criminal-activity.

Car hits pedestrian at State Street and Alva Place, Batavia

By Howard B. Owens

A car has reportedly struck a pedestrian at the intersection of State Street and Alva Place, Batavia.

City fire and Mercy EMS responding.

The location is by Washington Towers, behind JCPenney.

UPDATE 3:54 p.m.: A pedestrian was struck by a car making a left-hand turn, but the person does not appear to be injured. Mercy medics are transporting the pedestrian to Strong Memorial Hospital for evaluation.

Five months on the lam helps convince judge to deny bail to suspect in Central Avenue attack

By Howard B. Owens
      Oliver Thomas

If Oliver Thomas hadn't had a warrant for his arrest for five months, perhaps he could have made bail today, but since he didn't turn himself in and continued to hide from police, Judge Charles Zambito wasn't persuaded that bail was appropriate in his case.

Thomas was wanted for his alleged role in a home-invasion attack on residents in a Central Avenue residence in October. A second warrant was later issued because of his alleged failure to register a change of address as a convicted sex offender.

On the bail evaluation worksheet, which judges use to help determine somebody's flight risk, Thomas scored a negative four, even though he's a lifelong Batavia resident.

Thomas was in court today specifically for a review of his bail status following his arrest in Le Roy and original arraignment earlier this week.

Assistant District Attorney Melissa Cianfrini argued that even with his lifelong residency, Thomas has proven he's really pretty transient with lots of options for where he can go and where he can hide.

"He's a significant flight risk," Cianfrini said.

His assigned counsel, Brian Degnan, argued that because of his roots here, and that he obeyed all of the rules of his prior parole, he deserved reasonable bail, such as $10,000 or $20,000 bond.

Zambito agreed that Thomas is a flight risk and ordered him held without bail.

Jackson School hosts 'Camp Read-A-Lot'

By Howard B. Owens

Top photo, Officer Peter Flanigan, Batavia PD, reads to students at Jackson School during the school's annual parents' night reading program last night, this year dubbed "Camp Read-A-Lot." The evening featured community members reading to students, games, activities and a campout with camp music in the school's gymnasium.

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Home invasion suspects told Swan Street residents they were police officers

By Howard B. Owens

NOTE: Story updated to correct the names of the officers involved.

The two men who allegedly broke into a home at 49 Swan St. at 2:22 a.m. Thursday told occupants of the house that they were police officers.

They then attacked the occupants and caused physical injury, according to police.

Kolton Cotter, 22, of Eagle Harbor Road, Albion (top photo), was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; criminal mischief; assault; possession of burglary tools; unlawful imprisonment; criminal obstruction of breathing; obstruction of governmental administrationl; resisting arrest; and unlawful possession of marijuana.

Andrew Morris, 19, of Main Street, Attica, was charged with: robbery; burglary; coercion; conspiracy; criminal possession of a weapon; criminal impersonation; petit larceny; assault; possession of burglar tools; and unlawful possession of marijuana.

Officer Felicia DeGroot and Sgt. Eric Bolles were first to respond to the report of a break-in in progress and found Morris inside the residence and took him into custody. Cotter fled and was chased by Bolles and Officer Eric Foels. Also assisting in the apprehension of the suspects were Officer Jason Ivison and Officer Darryl Streeter.

Genesee County Sheriff's deputies also assisted at the scene.

Bolles and Foels caught up with him on Graham Street and one of them deployed a Taser to help subdue the suspect. Cotter was transported by Mercy EMS to UMMC for evaluation.

Batavia PD said Morris and Cotter identified themselves as undercover police officers in an attempt to steal property.

At one point, a suspect reportedly told the victims that at least one of them was armed. No firearm was recovered. The type of weapon recovered was not identified by police.

The suspects were arraigned in City Court and jailed without bail.

Batavia police respond to break-in on Swan Street

By Billie Owens

Batavia Police responded a few minutes ago to an apparent "home invasion" at a house on Swan Street after a resident called to report someone was breaking into the house. Upon arrival, an officer said a person was exiting the building.

A backup unit arrived immediately, and a person was said to be running eastbound on adjacent Graham Street, then south.

A police officer chased a suspect on Graham. A Taser was deployed and Mercy medics were then called to 4 Graham St. to evaluate that subject, who was in custody. 

The residence on Swan Street was checked and a second subject was arrested.

"Unknown property" was reportedly removed from the residence during the incident.

"The subject told the victim he had a gun. ... Nothing displayed," said an officer.

UPDATE 2:48 a.m.: The person who was tased is being transported to UMMC.

UPDATE 3:03 a.m.: The person arrested at the residence was apprehended on the second floor. Police say the pair possessed burglary tools and at least one weapon -- not a gun -- was recovered.

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Suspect in Jackson Street shooting indicted on attempted murder charge

By Howard B. Owens
   Jeremy Armstrong

The suspect in a Dec. 2 shooting on Jackson Street has been indicted on a count of attempted murder by a Genesee County Grand Jury.

Jeremy R. "Boog" Armstrong, 26, of Batavia, faces six felony counts stemming from the incident which seriously injured a victim who has not been identified by authorities.

The counts also include assault in the first degree, criminal use of a firearm in the first degree, criminal use of a firearm in the third degree and two counts of criminal possession of a weapon in the second degree.

Armstrong was picked up earlier this month in East Hartford, Conn., on a warrant.

Police say Armstrong fired several shots at close range.

He allegedly shot a person while on Jackson Street and the two men reportedly knew each other.

According to sources, the victim suffered shoulder and chest wounds. He was treated first at UMMC and then transferred to ECMC.

Armstrong was located in East Hartford outside the residence of a family member, according to police. He was taken into custody without incident.

Individuals with information that may assist in the investigation are asked to call Det. Eric Hill (585) 345-6373, Det. Thad Mart at (585) 345- 6372, or the confidential tip line at (585) 345-6370.

Sponsored Post: 27 Ellicott Avenue in Batavia is a must see, call Reliant Real Estate today

By Lisa Ace


Super solid and so pretty! This charmer is located in an awesome City location, close to everything and within walking distance to one of Batavia’s favorite coffee shops and a City park! This home is move-in ready with little to do but try to figure out what to do with all the storage space! There is great space and cozy floor plan for such a large home --everyone has their own spot!

This home has been well taken care of throughout the years with maintenance of the everyday "stuff" and yearly maintenance of the things that matter -- roof, insulation and furnace! This is an excellent home for the money, you are going to want to check this one out!
Click here to view the complete listing for 27 Ellicott Ave. in Batavia. Call Lynn Bezon at Reliant Real Estate today at 585-344-4663!

 

Law and Order: Man accused of damaging jail property

By Howard B. Owens

Victor Michael Delatorre, 34, of West Main Street, Batavia, is charged with criminal mischief, 3rd. Delatorre allegedly damaged property of the Genesee County Jail.

Eric McWethy, 20, of Columbia Avenue, Batavia, is charged with loud muffler and unlawful possession of marijuana. McWethy was allegedly found in possession of marijuana during at traffic stop at 9:11 p.m. March 16 on Ellicott Street, Batavia, by Officer Chad Richards.

Keaira Sharee Jones, 25, of Jay Street, Rochester, is charged with unlawful possession of marijuana. Jones was a passenger in a vehicle stopped at 12:34 p.m. March 17 on Washington Avenue by Officer Frank Klimjack.

Cassi A. Schutt, 29, of West Crest Drive, Rochester, is charged with driving on a suspended registration, aggravated unlicensed operation, driving without insurance and failure to stop at sign. Schutt was arrested on a warrant for the listed charges. 

Carlton L. Beardsley, 22, of Walnut Street, Batavia, is charged with criminal obstruction of breaking and menacing, 2nd. Beardsley was arrested following a complaint of a domestic incident at 4:45 p.m. March 17 on Walnut Street, Batavia. He allegedly threatened a female with a knife and then choked her. He was jailed on $5,000 bail or $10,000 bond.

Shane K. Borton, 44, Chase Park, Batavia, is charged criminal contempt, 1st, and harassment, 2nd. Borton was allegedly involved in a physical altercation at 6:02 p.m. Saturday, which also violated an order of protection.

Donald Egan Jr., 26, of State Street, Seneca Falls, was arrested on a warrant. He was jailed on $1,000 bail.

Gangi Steven Perez, 21, of Bridge Road, Elba, is charged with DWI, driving with a BAC of .08 or greater, speeding, possession of alcohol in a vehicle, and unlawful possession of marijuana. Perez was stopped at 12:27 a.m. Saturday on West Main Street, Batavia, by Officer Arick Perkins.

Jamie L. Soto, 42, of Bank Street, Batavia, is charged with offering a false instrument for filing, 1st. Soto allegedly filed a sex offender change of address form with a false address. This is an additional charge added to previous charges.

Ifrah Mohammed Jajimusse, 38, of Main Street, Batavia, is charged with unlawful possession of marijuana. Jajimusse was allegedly found in possession of marijuana during at traffic stop at 8:25 p.m. Monday on West Main Street, Batavia, by Deputy Richard Schildwaster.

Jacob J. Russell, 21, of Walkers Corners Road, Byron, and Salvatore M. Schwable, of Weber Avenue, Oakfield, are charged with unlawful possession of marijuana. Russell and Schwable were in a vehicle stopped by members of the Local Drug Task Force and were allegedly found in possession of marijuana. Schwable was also found to have an arrest warrant of out Batavia Town Court for alleged petit larceny and criminal mischief.

Town of Batavia GOP seeks committee members

By Howard B. Owens

Press release:

The Town of Batavia Republican Committee is seeking interested residents who would like to serve on the Committee and participate in their local government process. The requirements to serve on the Committee is to be 18 years old and a registered Republican.

The Committee seeks and endorses candidates for Town and County offices, carries petitions to allow candidates to be on the ballot, and raises funds to support the local campaigns. This is an opportunity to serve your community and be more informed on what is happening in your town.

If you would like more information please contact the Chairman, Steve Hawley at shawley@smhawley.com or Committee Secretary, Kathy Jasinski, at 762-8239. The next meeting is scheduled for April 12th at 7 p.m. at the Town Hall. All Republicans are welcome to attend.

L&L returns to tow business

By Howard B. Owens

L&L Transmission is back in the towing business.

Cameron Selapack admits, yeah, it's a nice excuse to get out of the garage and meet customers in the field, but he said the real reason for bringing back L&L Towing was it was becoming increasingly clear customers needed the service.

They needed another option and a way to save money, especially if they were bringing their car to L&L for service.

"We do offer a discount rate," Selapack said. "If they're bringing their car here, we'll definitely give them a break."

The towing service is available 24 hours a day and the available for any type of call.

L&L Towing can be reached at (716) 984-4870.

Batavia fugitive arrested today in Le Roy

By Billie Owens

A joint effort between the Le Roy Police Department, Genesee County Sheriff’s Office and City of Batavia Police Department led to the arrest today of a wanted fugitive who has been hiding from the law for months.

Oliver Thomas, 25, was wanted in connection to an alleged violent burglary and assault on residents on Central Avenue in the City of Batavia in October and also for allegedly failing to change his address in relation to the NYS Sex Offender Act. Thomas was located at 16 Pleasant St. in Le Roy.

The arrest came after a tip was received that Thomas was currently located at that address and upon investigating, the officers found Thomas and took him into custody without incident.

Thomas was transported to Batavia to face the charges.

He is charged with first-degree burglary and second-degree assault for the crimes alleged in the Central Avenue incident. Thomas served time in prison after he was convicted of rape in 2009 and is required to register as a Level 2 sex offender. 

Resident confronting stranger on Thomas Avenue

By Howard B. Owens

Earlier there was a call for a suspicious condition on Thomas Avenue.

The caller reported that a man had come to the side door of her residence asking to see utility bills, indicating he was with a utility company.

Now, the caller's husband has spotted the man on the street again and has engaged him in a verbal confrontation.

"It's getting heated," according to the dispatcher.

Batavia PD responding.

City Public Works to present 20-year Tree Management Plan on Wednesday

By Billie Owens

Press release:

The Department of Public Works has completed a Tree Management Plan to guide its efforts over the next 20 years. It was funded by a 2015 grant from the NYS Urban and Community Forestry Council, with technical support was provided by Urban Forest Analytics LLC, based in Geneva. A formal presentation of the plan, open to the public, will be given at City Hall at 5 p.m. on Wednesday, March 22.

The primary goal of the plan is to establish a substantially enlarged and healthier tree population whose larger canopy cover at maturity will supply a significant increase in benefits to the City. Such benefits include environmental services such as carbon dioxide storage and energy use reduction, and can be assigned a monetary value using the i-Tree software developed by the USDA Forest Service. Results show that for every $1 invested by the City of Batavia in the trees on streets and in parks, the community currently receives back about $1.34 in environmental benefits.

Many social benefits have been demonstrated by recent research: reduced road rage, improved worker productivity, increased social ties and neighboring, better physical and mental health, greater consumer activity, etc. Though more difficult to equate with monetary value than environmental benefits, these are of equal importance for the City’s well-being.

The plan lays out a two-phase approach to maximize these benefits for the entire City. Phase 1 covers the first seven years, and focuses on stabilization: removal of trees in poor condition along with replacement, and upgrading maintenance tools and techniques. Phase 2 aims for sustainability: significant increase in street tree density across the City, planning for Park planting, greater citizen involvement, etc.

The plan and supporting documents are available online at:

http://www.batavianewyork.com/bureau-of-maintenance/pages/tree-documents

Attica man put in GC jail after disturbance at Attica motel

By Billie Owens

On Feb. 27, an officer from the Attica Police Department responded to the Attican Motel, located at 11180 Route 98, Attica, for a report of a suspicious male outside room #101 yelling “Someone’s going to get murdered tonight” and “Everyone is going to die.”

Upon arrival at about 9:30 p.m., the officer met with the individual, Channing Ballinger. During the initial interview, Ballinger police say was irate and refused to comply with police directions. The officer attempted to conduct a mental health arrest of the subject when he began to physically attack the officer, pinning the officer to the ground, according to the police report.

During the struggle the officer was able get free from Ballinger and deploy a Taser. Ballinger was taken into custody with the assistance of deputies from the Wyoming County Sheriff Office, the Genesee County Sheriff Office and the New York State Police. Ballinger and the officers did not sustain any injuries. Ballinger was transported to the Wyoming County Community Hospital Emergency Department for mental health evaluation.

The 32-year-old is charged with: second-degree attempted assault on a police officer; resisting arrest; second-degree obstruction of governmental administration; fourth-degree criminal mischief; and disorderly conduct.

Ballinger has an extensive history of mental health disease and has open criminal charges in the Town of Batavia and Village of Warsaw. Upon Ballinger's release from the mental health unit on March 13, he was placed under arrest and arraigned in Attica Village Court on the charges cited above. Ballinger was then put in Genesee County Jail on $25,000, or $50,000 bond.

Ballinger was to reappear in the Town of Alexander Court on March 14. Channing Ballinger has a history of violence against law enforcement and hospital staff.

City school board presented with review of art department activities and lessons

By Howard B. Owens

Deb Meier, who has taught art in the Batavia City School District for 31 years and is about to retire, provided the governing board with an annual overview of activities in the Art Department at last night's trustees' meeting.

Students are exposed to art at all grade levels and instruction, she said, isn't just about visual presentation. The courses hit on history, writing, culture, critical thinking, science, and math, providing cross-curriculum lessons.

"You can see throughout, we take a lot of elements of art -- the line, shape, color, texture, value, space -- and we teach the kids now to build on it each year," Meier said.

They also learn how to create art in various mediums, from basic drawing to watercolors, animation, multimedia and video.

"One of the things we try to teach in class is if you make a mistake, just like in life, you work your way through it," Meier said. "You don’t just give up."

Each year, students also create self-portraits, which helps them visualize their own growth as people and artists.

"The portraits this year just blew me away," Meier said. "I’ll always remember them."

Two Batavia High School students had their work selected this year for the Finger Lakes Art Show, which is juried, so not all pieces submitted are accepted. The students were Angie Macconi and Melissa Mountain.

"It’s important at all grade levels (that) we talk about art, we write about art, we critique and encourage communication," Meier said. "We try to keep to the positive. I would rather hear from a child, ‘I like this one best because,’ and then give me a reason, and say it in a way, ‘I like how the artist used line in this one,' 'that it curls and swoops through the picture and leads your eye through’ rather than, ‘it’s pretty.’ ”

By Cora Beal

By Tyler Budzinak

By Leo Burg

By Sophia Dinehart

School board honors outstanding staff with awards for March

By Howard B. Owens

John Kennedy School received the Outstanding School Award at last night's City Schools Board meeting. The school has been recognized as a school that boosts achievement for economically disadvantaged students by Better Outcomes, an educational research and consulting company in Hartsdale.  The selection was made based on demographic data and ELA Assessment results. Accepting the award, presented by Board President Pat Burk and Superintendent Chris Dailey, was Principal Paul Kesler.

Kristina Clark received the outstanding staff award. Clark was honored for her many years of dedicated teaching at Jackson School, especially her use of distance learning technology, which has taken kids to the Mariner's Museum in Virginia and a kindergarten class in Texas. She also volunteers on various school committees.

Kristen Fix received an outstanding staff award. Fix was honored for her strong ability to communicate and collaborate with parents as a kindergarten teacher at Jackson School. She also volunteers for school events, activities and committees.

Joe Husssar received an outstanding staff award. Hussar was recognized for his ability to work with at-risk students, including home visits to assist students and their guardians. Recently, he assisted a co-worker who had fallen, He rode with her to the hospital and stayed with her until her family members arrived.

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