batavia

A second arrest has been made in the case of a man who was hospitalized with serious injuries after being knifed and beaten in the area of 318 E. Main St., Batavia, at about 1 a.m. on July 18.

Anthony Spencer Jr., 26, of Columbia Avenue, Batavia, is charged with gang assault and first-degree assault. He was arraigned in Batavia City Court on July 20 and then jailed without bail. He is due in City Court on Tuesday (July 25). A photo is not yet available from the Batavia Police Department of the suspect.

Batavia PD investigators took less than a day to identify the first suspect arrested in the case -- 30-year-old JW Hardy III, of 216 Liberty St., Batavia. He was jailed without bail and is charged with assault in the first degree and gang assault, 1st.

Under NYS Penal Code, the charge of gang assault does not mean that the person charged is a member of an organized, ongoing, criminal enterprise. It does mean that the police suspect was aided by two or more other people in perpetrating an attack that caused serious physical injury.

Anyone with information regarding this incident is asked to contact the Batavia Police Department Detective Bureau at (585) 345-6350 or the Confidential Tip Line at (585) 345-6370.

For previous coverage, see: Arrest made in knifing on East Main Street, Batavia

Joseph Michael Franchi-Platten, 33, of Dellinger Avenue, is charged with: criminal possession of a controlled substance, 7th; criminal use of drug paraphernalia, 2nd; possession of burglar tools; and tampering with physical evidence. He was arrested on July 19 following an investigation into a trespass at a local business at 2:20 a.m. that morning on Lehigh Avenue in Batavia. There was a brief vehicle pursuit. He was arrested and jailed on $20,000 cash or $40,000 bond and was due in City Court on July 20. The case was handled by Batavia Police Offficer Peter Flanagan, assisted by Officer Darryle Streeter.

A 15-year-old was petitioned to Family Court for "unlawful possession of a weapon -- person under 16 years of age" in response to an altercation which occurred on Holland Avenue on June 9. On that date, at about 4:37 p.m., Batavia Police were called to Holland Avenue and Olyn Avenue for a report of several people fighting in the street. Upon arrival, police learned that at least one subject had been shot with a BB gun. While police were on scene, another fight broke out. Lionel J. Anderson Sr., 45, of Oak Street, Batavia, was arrested for disorderly conduct for allegedly fighting. Jaequele M. Tomlin, 22, of East Main Street, Batavia, was arrested for disorderly conduct, second-degree attempted assault, second-degree obstruction of governmental justice, and resisting arrest for allegedly fighting in the street and then fighting with officers. A 16-year-old was arrested for criminally using drug paraphernalia, 2nd. Anderson Sr. and the 16-year-old were released with appearance tickets for Batavia City Court on June 13. Tomlin was jailed without bail and was to appear in City Court on June 12. The individual who shot the BB gun was a juvenile and there was at least one injury resulting from the shots. The victim was treated and released from UMMC. This information was provided by Det. Eric Hill of the Batavia Police Department.

Nickolas Lewis Ives, 31, of Wendel Avenue, Tonawanda, is charged with fourth-degree criminal mischief. At 1:15 p.m. on July 22, Ives allegedly broke the window of a camper owned by Darien Lake Theme Park. It was in the campground on Alleghany Road. He was issued an appearance ticket and is due in Darien Town Court on Aug. 1. On the same date as this alleged incident, Ives was also charged with: criminal contempt in the second degree; fourth-degree criminal mischief; disorderly conduct; and second-degree harassment. It is alleged that he violated a duly served order of protection by "threatening, swearing at, and damaging the property of the protected party." He was subsequently jailed on $7,500 cash or $15,000 bond. Both cases were handled by Genesee County Sheriff's Deputy James Stack.

David Lavelle Andrews, 29, of State Street, Batavia, is charged with: second-degree obstruction of governmental administration; failure to keep right; operating a moving vehicle while using a portable electronic device; and aggravated unlicensed operation in the second degree. Andrews was arrested following a traffic stop on East Main Street in Batavia at 10:28 p.m. on July 19. He was stopped for allegedly failing to stay right and using a mobile device while driving. During the traffic stop, he fled on foot and was apprehended a few minutes later by Batavia Police and Genesee County Sheriff's deputies. Andrews had a warrant out of City Court for traffic offenses and was also operating on a suspended driver's license. He was arraigned in City Court then released on his own recognizance. He was jailed on $2,500 cash or bond and is due in City Court on July 27. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Cronmiller.

Morgan L. Cox Sr., 49, of Dellinger Avenue, Batavia, is charged with criminal mischief in the fourth degree -- intentionally damaging property. Cox Sr. was arrested at 6:53 p.m. on July 22 after officers were dispatched to Dellinger Avenue for a male subject who was banging on a door with a cane. Officers identified the suspect as Cox Sr. and he was arrested and arraigned in Town of Batavia Court. He was put in jail. He is due in City Court on July 25. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Officer Matthew Lutey.

Morgan L. Cox Jr., 25, of Xavier Street, Clarence, was arrested on July 23 on a bench warrant out of Batavia City Court. It was issued after Cox allegedly violated the terms of his release. He was jailed on $2,500 cash or bond and is due in City Court on July 27. The case was handled by Batavia Police Officer Christopher Lindsay.

Patricia Christina Pozotempan, 36, of Masse Place, Batavia, is charged with petit larceny and endangering the welfare of a child. She was arrested at 12:20 p.m. on July 19 on West Main Street in Batavia following a shoplifting complaint and a subsequent investigation at Tops Market. She was issued an appearance ticket for July 25 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Sgt. Dan Coffey.

Donnie D. Armstrong Jr., 20, of North Spruce Street, Batavia, is charged with petit larceny and criminal possession of stolen property in the fifth degree. On the morning of July 19 at the Richmond Memorial Library on Ross Street, Armstrong Jr. allegedly stole a bicycle that belonged to another person, from the bike rack in front of the library. He was later located by police in alleged possession of the stolen bike. He was issued an appearance ticket for City Court on July 25 to answer the charges. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Jason Davis.

Meghann Barrett Williams, 38, of Abbott Road, Orchard Park, is charged with trespass. Williams was arrested following a brief investigation into an incident occurred at 4:55 p.m. on Bethany Center Road in the Town of Bethany. She was allegedly trespassing on property without the owner's consent. She is due in Bethany Town Court on Aug. 22. The case was handled by Genesee County Sheriff's Deputy Michael Lute.

Ira James Blackey, 67, of Broadway Street, Lancaster, is charged with: operating a motor vehicle with a BAC of .08 percent or higher; DWI; driving left of pavement markings; and following too closely. Blackey was arrested at 6:34 p.m. on July 23 on Broadway Road in Alexander following a traffic stop. The defendant was released with appearance tickets and directed to appear in Alexander Town Court on Aug. 29. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Clifford F. Schultz, 51, of Bank Street, Batavia, is charged with second-degree harassment. It is alleged that he threatened another person at 12:18 a.m. on Bank Street in Batavia. He was issued an appearance ticket and is due in City Court on July 25. The case was handled by Batavia Police Officer Eric Bolles, assisted by Officer Stephen Cronmiller.

Juan Antonio Roman, 39, of Bergen Road, Bergen, is charged with promoting prison contraband. He was arrested at 11:05 a.m. on July 21 after entering the Genesee County Jail. It is alleged that he possessed contraband/drugs after entering a secure facility. He was held and taken to Batavia City Courts "for arraignment on unrelated charges," according to the Sheriff's report. Genesee County Sheriff's Deputy Andrew Hale handled the case.

Nicholas C. Doell, 26, no permanent address, was arrested at 7:22 a.m. on July 19 after an investigation into a trespass in progress at a business on Jackson Street. He was issued an appearance ticket for City Court on July 25. The case was handled by Batavia Police Officer Frank Klimjack handled the case, assisted by Officer Kevin DeFelice.

Nicholas D. Martino, 36, of Main Street, Alexander, is charged with failure to appear. Martino turned himself in on an active bench warrant out of City Court for allegedly not appearing for a scheduled court date for an unspecified matter on Feb. 8. He posted bail and is due in City Court on July 25. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

A trial date has been set for Jeremy R. "Boog" Armstrong, 26, of Batavia, who faces six felony counts, including attempted murder, for an alleged assault on a person on Jackson Street in December.

Armstrong is accused of shooting the victim.

The defendant, who is being held without bail, will have until Aug. 21 to decide whether to accept a plea deal rather than go to trial on Nov. 13.

District Attorney Lawrence Friedman has not publicly disclosed any potential plea offer.

Under a separate indictment, Armstrong is also facing drug charges. Unless there is a plea, Armstrong could go to trial on those charges Nov. 27.

In the attempted murder case, also faces accounts of 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 and the victim 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.

After the incident, Armstrong allegedly fled the area and was located in March in East Hartford, Conn., and taken into custody without incident by East Hartford police.

Press release:

State-of-the-art production equipment from the former Muller/Quaker Dairy greek yogurt plant in Batavia, New York, will be offered at auction Sept. 13 by Harry Davis & Company.

Dairy Farmers of America (DFA) this week announced the facility — originally constructed by Muller-Quaker to process yogurt via a joint venture formed in 2011 between PepsiCo’s Quaker Oats Co. unit and Germany’s Theo Müller Group — has been purchased by HP Hood LLC. HP Hood will invest more than $200 million over several years to repurpose the 363,000-square-foot, currently idle processing facility to produce extended shelf-life beverages.

Meanwhile, the remaining state-of-the-art production equipment is being offered at auction by Harry Davis & Company.

Leonard Davis, president and senior appraiser for Harry Davis & Company, says this is a rare opportunity for processors to purchase equipment from 2012 or newer that was used for only 18 months of production time.

“This is a virtual showroom of equipment,” he says. “It’s a tremendous opportunity for the dairy world to purchase this equipment.”

He notes in particular the equipment available for production of Greek yogurt, which has soared in popularity at retail.

In addition to getting ultra-modern equipment at significant savings, Davis says it’s a rare opportunity to get equipment of this quality so quickly.

“Typically, if you wanted to get one of these filling machines, you’re looking at 18-24 months of lead time,” he says. “This is an opportunity to acquire like-new equipment well below new cost and have it installed and running in a matter of weeks.”

Some of the featured equipment, valued at $200 million, includes: • Aseptic S/S Silos & Tanks
• Pasteurization, Homogenization & Culture Injection
• Finnah Horizontal Form, Fill & Seal Packaging Lines
• Hamba/Oystar A+F Filling Line
• Kasag Fruit Batch Cooking Plant.

Since the former yogurt plant added fruit to some of its varieties, state-of-the-art fruit processing equipment also is available, including a fruit receiving, sorting and cutting system, Davis notes.

“There’s a complete fruit production sub-facility within this plant,” he says. “It’s highly desirable not only for other yogurt manufacturers, but also those involved in jam and other fruit manufacturing.”

Additional general plant and spare parts also are available.

Harry Davis & Company is seeking buyers from North America, South America and Europe. Interested parties can access the auction online at http://bit.ly/MullerHDC. The auction will be held at 9:30 a.m. Eastern Time Sept. 13. 

Photos provided. (click here for more photos)

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Must mention posting on the The Batavian at time of service. Offer applies to four new tire purchase. For aspect ratios below 50 and rim diameters 19” and higher additional mounting and balancing charges apply. Alignment includes toe-in adjustments only. Most vehicles. Cannot be combined with any other promotional offers, discounts or coupons.

Press release:

Richmond Avenue will be closed to traffic at approximately 8am on Tuesday July 25th, between Bogue Avenue and Redfield Parkway, while a water main is repaired in that area.

Residents may experience discolored water or low water pressure in the immediate area until repairs are completed. Residents should ensure that water clarity has returned to normal before using laundry facilities.

Fathers and sons met in a baseball game at Williams Park today.

The Dads were down 7-5 going into their last at bat and they ended up winning 8-7.

The game was organized by Eddie Betances.

Participating were: Anthony Beckman, Dylan Beckman, Jason Harasimowicz, Michael Harasimowicz, Mark Harasimowicz, Quinten Betances, Eddie Betances, Andy Laforce, Matt Beach, Bubba Beach, Lazavier Beach, Cory and Zach McDonald, Dan and Peyton Armison, Ian and Landon Schultz, Joe Gufell Jr. and Sr., and Ryan Aimee.

Photos and info submitted by Daniel Armison.

Dick and Betty Rung were honored Saturday night at the District Council meeting of Kiwanis at B.W.'s Restaurant in Pavilion for their support of the Lyme Disease Foundation.

Their monetary donations were recognized with the Brittany Fellowship Award and an Emerald Fellowship Award.

Lyme disease is a bacterial infection transmitted by deer ticks. The disease affects the brain and can cause severe symptoms. The treatments are expensive and often not covered by insurance. The foundation assists those afflicted by Lyme disease.

Presenting the awards were Peter and Doreen Pellittieri, board members for the New York Pediatric Lyme Disease Foundation.

Saturday, July 22nd - Farm Bureau Day & Bring Your Tractor to the Fair Day

• 8:30am NIOGA Colored Breed Show (Show Ring)
• 9am NIOGA Holstein/Open Class Dairy Show (Show Ring)
• 9am ECYSS - Youth Breed Show (Old Draft Horse Barn)
• 10am FARM STOCK TRACTOR - Bring Your Tractor!!
• Enhanced Tractor * Garden Pullers (GRANDSTAND)
• 10am EXHIBIT HALLS & BUILDINGS OPEN
• 1pm 4-H Goat Obstacle Course Contest (4-H Goat Barn) 
• 1pm - 11pm Midway Open (Amusement Area)
• 12pm Cowgirl Couture - Barrel Racing (Horse Ring)
• 2pm 4-H Vegetable Contest (Kennedy Building)
• 2:30pm 4-H Rabbit Knowledge Contest (Merton Building)
• 3:30pm Small Fry Tractor Pull (Exhibition Building)
• 4pm 4-H Market Animal Master Showman Contest (Show Ring)
• 6pm 4-H Scavenger Hunt (Kennedy Building)
• 6:30pm Empire State Pullers Tractor Pulls (GRANDSTAND)
• 8pm -12am - Divided by Zero - Band (Entertainment Tent)
• 8pm 4-H Non-Market Animals - Beef, Goat, Sheep & Swine Released
• 8pm 4-H Non-Animal Exhibits Released

*This schedule is tentative and is subject to change at any time*

DAILY AT THE GENESEE COUNTY FAIR: $5 Carload Admission Every Day & Night! * Midway Rides * DAILY WRIST BAND SPECIALS AVAILABLE. 
* Agricultural Awareness Exhibit * Livestock Exhibits * Air Sculpture – Transforming Balloons into Art (Exhibition Building), Chainsaw Carver—Elaine Foy.

A two-vehicle accident is reported at 300 Ellicott St. in front of the Southside Deli. No injuries. Subjects involved in the collision were reportedly outside their vehicles fighting. City police are now on scene.

Tonight could be the biggest crowd ever at the Genesee County Fairgrounds assembled to watch the Grand Demolition Derby. It's packed -- SRO: Standing Room Only. And the traffic jam getting into the venue was one for the record books. 

City fire is responding to 10 Maple St. in the city after it was reported that some lighter fluid was dumped on some bushes and set on fire.

UPDATE 6:22 p.m.: City fire back in service.

Press release:

The Batavia Police Department is reporting the suspect has been identified as Steven Vega, 25 years old, from Rochester. Vega is currently in the custody of RPD for a separate incident.

Vega’s arrest is pending and he will be arraigned in Batavia City Court. Vega is a New York State Parole absconder.

The Batavia Police Department would like to thank the Rochester Police Department and the Batavia community for all of their assistance and tips that led to the identification of this suspect.

UPDATE: Vega was also a suspect in a bank robbery in Rochester in 2015.

Press release:

As the proud sponsor the 11th annual Genesee County Mega Blood Drive, Tompkins Bank of Castile is calling on all eligible donors to give blood on Tuesday, Aug. 1 from noon to 7 p.m. at the Quality Inn & Suites in Batavia. It is located at 8200 Park Road.

“Tompkins Bank of Castile has been a proud sponsor and supporter of the annual blood drive in Batavia for years,” said Gregg McAllister, VP, Marketing Communications, Tompkins Bank Of Castile. “This year’s blood drive comes at a time when the Red Cross is facing a critical blood shortage, which makes donations more important than ever.

"This is an opportunity for everyone in our community who is able to do so, to make a blood donation so patients can continue to receive the lifesaving treatments they need.”

According to the Red Cross, the shortage of blood donations may lead to delays in urgent medical care to vulnerable patients. Blood products are being distributed to hospitals faster than donations are coming in, and more donations are needed now to replenish the blood supply. According to the Red Cross, every two seconds someone in the United States needs blood, and approximately 36,000 units of red blood cells are needed every day nationwide.

The blood drive will also honor the area’s everyday heroes with the second annual “Battle of the Badges” competition for first responders such as Mercy EMS, Batavia City Fire Department, Town of Batavia Fire Department, State Troopers, Batavia City Police and the Sheriff’s Office.

However, donors don’t need to be a first responder to participate in the blood drive on Aug. 1, and walk-ins are welcome. All those who donate can do so to honor our local first responders, and all participants will receive a Target e-gift card.

To make an appointment to donate to the blood drive, please call 1-800-RED CROSS or visit redcrossblood.org.

Press release:

For the second year, UR Medicine’s Wilmot Cancer Institute (WCI) will host Survivors Night on Friday, July 28 at Dwyer Stadium with the Batavia Muckdogs. Anyone who has been impacted by cancer is invited, including patients, survivors and caregivers.

The game starts at 7:05 p.m. and fireworks will follow. 

More than 15.5 million cancer survivors are living in the United States today and that number is expected to exceed 20 million by 2026. In Genesee County alone, approximately 400 people are diagnosed with cancer each year. The purpose of Survivors Night is to unite those impacted by cancer to celebrate cancer survivorship.

“Cancer is something that touches almost everyone at some point in life and Survivors Night is a way for us all to come together for a fun family night to celebrate life beyond cancer,” says Tiffany Paine-Cirrincione, associate director, Advancement and Community Events for Wilmot Cancer Institute.

“We encourage anyone in the community who is a cancer survivor or patient, or who has loved or cared for someone with cancer, to join us.”

Tickets for the game cost $4 each, and participants receive a Wilmot Warrior Walk T-shirt for each ticket purchased. They can be purchased at WCI Batavia, 262 Bank St., Batavia. Questions can be directed to Karen Soria at (585) 344-3050.

Patrick D. Moore, 39, of Strouts Road, Elba, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. Moore is accused of selling crack cocaine on two occasions to an agent of the Local Drug Task Force. Moore was held in the Genesee County Jail pending an arraignment today.

Mark David Humel, 25, of Main Road, Pembroke, is charged with assault, 3rd. Humel was arrested in connection with an unspecified incident in the Town of Pembroke, on Gilmore Road, at 11 p.m., July 14.

City fire and Mercy EMS are responding to the McDonald's on West Main Street for a report of a pedestrian struck by a car in the parking lot.

UPDATE 11:43 a.m.: Minor injury.

Press release:

Do you have a speedy Dachshund? That’s what Batavia Downs officials are wondering as they have announced that registration is opening for the 2017 Genesee Feeds Dachshund (“Wiener Dog”) races that will be held on Sunday afternoon (Aug. 27).  

All entered dogs will receive a doggie bag of gifts courtesy of Genesee Feeds of Batavia. The owners of all heat winners will receive $25 in gaming Free Play and the top three finishers in the championship race will receive Clubhouse buffet certificates and $100, $75 and $50 (first through third) in Free Play for the gaming floor. The winner’s total prize package including the gaming Free Play is valued at $200.

Dachshund owners wishing to participate should call Batavia Downs Wiener Dog race coordinator Arna Tygart at (585) 343-3750, ext. 6437, or Sara Tenney, ext. 6430, and leave a message. Staff will call back to confirm. The races are limited to the first 80 dogs that register.

The Wiener Dog races will begin at approximately 4:15 p.m. and are the final event on the annual Family Fun Day at the Races at America’s oldest lighted harness racetrack. Admission and parking are free.