batavia

The former Batavia resident who is accused of leaving her twin sons home alone one night in May before they died in a fire has hired a new criminal defense attorney.

Benjamin Bonarigo Sr. is now representing Heather Ace.

Ace is charged with two counts of endangering the welfare of a child.

The 25-year-old Stafford resident appeared in Batavia Town Court yesterday with her new attorney, who replaces Public Defender Jerry Ader.

No other actions were taken on her case and she is scheduled back in court in January.

She has pled not guilty to the charges.

According to court documents, Ace went out the night of May 26 after putting her kids to bed at 8 or 8:30 p.m. behind a door locked on the outside. She intended to go to the movies, according to statements, but instead went to a friend's house, smoked some marijuana and then went to a store and bought an alcoholic beverage called Four Loko. She then went to another friend's house and hung out.

Her mother called her to tell her her house was on fire. Ace was reportedly distraught and rushed to the house.

Micah and Michael Gard, both 2, succumbed to smoke inhalation, according to reports.

(Our news partner WBTA contributed to this report.)

Tim Hens clears snow from the new outdoor ice skating rink at DeWitt Recreation Area in Batavia and he said the rink should open today, but if not today, tomorrow.

The rink was made possible when the Town of Oakfield donated it to the county for use in DeWitt.

Most days while there is ice will be open skating, Hens said, but he anticipates having puck and stick days (no hockey games, and there are no nets) on Tuesdays and Thursdays.

Staff from Cedar Street Sales and Rentals are helping maintain the rink during the winter.

A two-car accident with injuries is reported at Oak Street and Park Road, Batavia.

City fire and Mercy EMS responding.

D.J. Snyder, a maintenance mechanic with Genesee County, shared these pictures he took from the cupola of the Old Courthouse in Batavia. He was up there with coworker Randy Boyce to replace fuses in the star hanging on the west side of the cupola.

A pedestrian has reportedly been struck by a car and there is a reported injury at West Main Street and North Lyon Street, in the City of Batavia.

City fire and Mercy EMS responding.

UPDATE 9:31 a.m.: Minor, if any, injury. Patient transported to UMMC for evaluation. Adult male. No damage to vehicle. 

The Batavia High School Choir is singing Christmas carols all over Batavia, mostly at businesses that made a donation to help cover the $50,000 it will cost for them to travel and participate in a competition in Washington, D.C.

We happened to catch up with them while they were at Valle Jewelers.

Kevin G. Viehdeffer, 56, of East Main Street, Batavia, is charged with menacing a police officer. Viehdeffer allegedly brandished a knife toward a police officer during an investigation into an incident involving Viehdeffer at 11:23 p.m., Friday. He was ordered held without bail.

Victor D. Guy, 30, Pearl Street, Batavia, is charged with criminal possession of a controlled substance, 7th, obstructing governmental administration, DWAI drugs, failure to yield right of way on left turn and aggravated unlicensed operation, 3rd. Guy was stopped for an alleged traffic violation at 12:59 a.m. Saturday on Liberty Street, Batavia, by Officer Christopher Lindsay. Guy was allegedly found in possession of crack cocaine and heroin. He was turned over to the Sheriff's Office on a warrant.

James Robert Pursel, 51, of Jackson Street, Batavia, is charged with assault, 3rd. Pursel allegedly struck another person with a framing nailer during a verbal argument. The incident was reported at 2:04 p.m., Thursday, at 4140 Veterans Memorial Drive, the location of Peebles Department Store. Pursel was arraigned in Batavia Town Court and released on his own recognizance.

Rosemary Waters, 30, of Liberty Street, Batavia, is charged with petit larceny. Waters allegedly stole four packages of eyeliner from a West Main Street business.

Melissa J. Stratheam, 32, of Dellinger Avenue, was arrested on a warrant for alleged failure to appear. Stratheam posted $300 cash police bail and was released.

Joey A. Evans, 26, of Hutchins Street, Batavia, is charged with possession of a hypodermic instrument and unlawful possession of marijuana. Evans was arrested following an investigation into a reported disturbance on Ellicott Street at 1:58 p.m., Wednesday. Evans was held on $5,000 bail or $10,000 bond.

Gregory F. Frieday, 32, of Osterhout Avenue, Batavia, is accused of criminal mischief, 3rd. Frieday was ordered held without bail.

Danny D. Williams, 28, of Pearl Street, Batavia, is charged with grand larceny, 4th. Williams was arrested following an investigation into a report of a stolen vehicle on Washington Avenue at 11 p.m., March 18. He was jailed on $7,500 bail.

Holden W. Byer, 25, of West Main Street, Batavia, was arrested on a warrant. Byer was arrested by Warsaw PD and turned over to Batavia PD on two bench warrants for alleged failure to comply with terms of his release under supervision of Genesee Justice. He was jailed on $5,000 bail.

Andrei P. Sliker, 25, of Hutchins Street, Batavia, is charged with criminal possession of a hypodermic instrument. Sliker was charged when allegedly found in possession of a needle during an investigation into an unrelated incident at 9:15 p.m., Dec. 13.

James Marion Spangler, 40, of Pringle Avenue, Batavia, is charged with strangulation, 2nd, assault, 3rd, criminal mischief, 4th, and criminal mischief, 3rd. Spangler was allegedly involved in a physical domestic at 11:55 p.m., Dec. 15, at a location on Pringle Avenue, Batavia.

Press release:

Miss Zambito’s first-grade class at St. Joe’s Catholic School spent the first few weeks of December raising their own money for a very special cause. These first-graders generously collected $160 of their chore, birthday and tooth-fairy money to purchase gifts for the girls and boys at Golisano Children’s Hospital.  

It's only been a few months since it became legal to hold mixed martial arts events in New York, and one of the first such events in the state drew a sellout crowd in Batavia tonight at the Quality Inn and Suites.

Le Roy resident Richard Mitchell, owner of Ground Force Fights and himself a former professional MMA fighter, was the event's promoter.

First three photos, Mark Murry vs. John Gearhart. Murray won at 1:30 in the first round due to strikes.

In the dual main events, Morgan Cavanaugh vs, Eddie Ortiz Junior. Ortiz won at 1:55 in round 1.  Tom Shelby beat Nick Phelps at 1:55 in round 1.

Previously: Local promoter bringing one of the state's first MMA events to Batavia

Two photos above, Sean Keough vs. Yuri Panferov. Panferov won at 1:15 in round 1 after a verbal tapout by Keough. 

A vehicle reportedly crashed and flipped over, landing in front of 209 Richmond Ave. in the city. People are trapped inside. City fire and Mercy medics are responding.

UPDATE 9:54 p.m.: Everyone's out," says a first responder at the scene.

UPDATE 10:15 p.m.: The sole occupant, a male driver, complained of chest pain after the accident and was transported to UMMC for evaluation. The vehicle was eastbound on Richmond when the driver lost control for unknown reasons and the vehicle struck a tree and flipped over. The accident is under investigation.

The Evens beat the Odds 98-92 today in the annual Batavia High School boys basketball alumni game. 

Batavia's head coach, Buddy Brasky, said the oldest player on the floor today was from the Class of 1998 and there were players who graduated as recently as last year participating.

Brasky said it's just a good time for the players and coaches and fans. Afterward, they all go out for beer and pizza.  

The game was played at John Kennedy School.

The after-game photo at the bottom was posted by Brasky on Twitter.

At last week's Shop with a Cop event at Walmart, two local families who were invited were unable to participate. Today, deputies from the Sheriff's Office went to Walmart to shop with those families and then help them wrap Christmas presents after the shopping was done.

Above, Deputy Patrick Reeves.

Deputy Cassidy Longhani, one of the newest members of the department.

Above, Deputy James Diehl.

UPDATE: Store manager Diane Waters shared this end-of-the-shopping-day photo,

The New York State Ballet performs "The Nutcracker" in the auditorium of Batavia High School today and tomorrow at 2 p.m.

The online ticket site says ticket sales have ended for today's performance, but I'm not sure if there will be tickets at the door.

There are definitely tickets available for tomorrow's performance.

The company was rehearsing when I went to the school last night for Batavia's basketball game.

Antwan Odom had 17 points and TeeSean Ayala scored 13, including three three-pointers, to help the Batavia Blue Devils beat Honeoye Falls-Lima 55- 39 in Batavia's home opener.

Batavia is now 2-1 on the season.

Mason McFollins added eight points.

A car hit a semi-truck in the area of 554 Ellicott St., Batavia, and the saddle tank is now leaking fuel. 

City fire dispatched. 

Mercy EMS sent as a precaution. 

A portion of River Street is going to be closed for a couple of days starting Tuesday so contractors can make a new sewer connection for the new Dunkin' Donuts being built on West Main Street.

The project's engineer, Kip Finley, said, "we need to catch a couple of warm days. The forecast for the middle of next week is for highs in the middle to upper 30s.

Work should start the Tuesday morning and proceed through Thursday and could continue into Thursday afternoon depending on weather.

The street and Five Star Bank driveway will reopen for traffic before Friday, Finley said.

A traffic detour will be posted on West Main Street, South Main Street, and Route 98. Access to Five Star Bank and the immediate residents will be provided from the Tonawanda Creek bridge.

Emergency Services have been notified and will adjust travel routes as needed.

Photo: provided by Kip Finley.