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Law and Order: Central Avenue woman arrested for allegedly lying about larceny in Stafford

By Billie Owens

Madalyn Ryan Muntz, 30, of Central Avenue, Batavia, is charged with making a punishable false written statement. The defendant was charged following an investigation in the Town of Stafford at 9:47 a.m. on May 10 wherein she allegedly provided the GC Sheriff's Office with a false statement regarding a larceny she claimed had occurred. She was issued an appearance ticket returnable to Stafford Town Court on June 9. The investigation was conducted by Sheriff's Deputy Christopher Parker, Deputy Chad Cummings, and Investigator Bradley Mazur.

Terry Michael Roth, 41, of Bank Street, Batavia, is charged with petit larceny. Roth was arrested at 7:26 p.m. on May 18 following a report of shoplifting in progress at a store on Veterans Memorial Drive. Roth was issued an appearance ticket for Town of Batavia Court on May 23. The case was handled by Sheriff's Deputy Ryan DeLong, assisted by a NYS Trooper.

A 17-year-old from Oakfield was arrested following an investigation into a larceny at Walmart which occurred at 7:42 p.m. on May 7. The youth was issued an appearance ticket for Town of Batavia Court on May 23. The case was handled by Sheriff's Deputy Ryan DeLong.

Investigation continues into the death of two little boys in house fire

By Howard B. Owens

Richard Frazier places a cross with a bear and flowers next to a tree outside 8157 State Street Road, Batavia, where two little boys died in a fire last night.

Frazier, who has a 4-year-old daughter himself, doesn't know the family but said he was heartbroken by the tragedy.

"As a parent, I could not imagine what it would be like if something like this happened to my child," Frazier said. "It's just insane to think that we just live life every day, taking life for granted and at any point, it can all be done."

Investigators were on scene last night until nearly 4 a.m. and then went home to get some much-needed rest and to be able to return in the daylight. They started arriving again about noon. It will likely be several hours before their work is complete. Until this phase of the investigation is done, we're not likely to hear more about the potential cause of the fire and other circumstances surrounding last night's events.

The names of the children or mother have not yet been officially released.

UPDATE 3:40 p.m.: Investigators have less than an hours work to do, but sources on scene say it is unlikely there will be any announcement today about the cause.  There is more work to do away from the scene and that could take a couple of days.  There should be a press release coming out this afternoon from the Sheriff's Office that will contain names.

UPDATE: Press release from the American Red Cross:

Volunteers from the American Red Cross responded to a fire on State Street Road in Batavia early Saturday morning, providing immediate emergency assistance for two adults and two children. Red Cross assistance typically includes vouchers for temporary housing, food and clothing as needed, and Disaster Mental Health volunteers are available to help with the emotional aspect of disaster. Those affected will meet with caseworkers in the coming days to work on a longer-term recovery plan.

Disaster Action Team (DAT) volunteers Suzanne Kowalcyk and James McMoil responded to the scene of this fire. The Red Cross would like to express its sympathies to everyone affected by this tragedy.

Two small children die in house fire on State Street Road, Batavia

By Howard B. Owens

Two young children died in a house fire at 8157 State Street Road, Batavia, late Friday night, at a time when their mother was not home.

It's unclear if any adults were in the apartment at the time of the fire, said Chief Deputy Jerome Brewster, Sheriff's Office, which is leading the investigation into the fire.

The cause has yet to be determined, but it started in the bottom apartment in the back of the residence.

The bodies of the children, both age 2, were found in that same location.

Brewster said he couldn't say for sure if the mother left the children with an adult to supervise them, or if she left them alone while she went to the store.

"I don't know and we're going to get to the bottom of that," Brewster said. "That's why we're going to talk with the mother."

The mother was in no condition to be interviewed tonight, Brewster said.

The fire was reported just before 10 p.m. when the upstairs resident returned home and spotted the fire. He called 9-1-1.

Town of Batavia arrived on scene quickly and fire chiefs were told there was a possibility of people trapped in the residence, so Deputy Chief Dan Coffey said he quickly sounded a second alarm.

The back of the house was fully involved at that point. The first firefighters on scene made entry and located the deceased children.

Asked if the evidence was pointing toward a fire deliberately set or accidental, Brewster said investigators are leaning toward accidental.

"That's why we have fire service here, to investigate that," Brewster said. "Right now, I'm not sure. It doesn't look like anything other than that -- accidental -- that's why they are here and that's what their job is. They will go through and make a thorough investigation."

About 10 minutes after firefighters arrived on the scene, two women ran up to the house and had to be restrained as they tried to enter it. Over the course of the next half hour, more people arrived who seemed to be friends or family members and there were women wailing and yelling. Troopers, deputies and Batavia PD officers did their best to assist them.

The two apartments were occupied by members of the same family, and members of that family also lived in a neighboring house. At one point, neighbors thought three children died in the fire, but that third child was in the neighboring house, according to landlord Joe Burke.

"It's my understanding that the mother went out to get milk for her little kids," Burke said.

Yellow tape was put around the scene at one point during the night and criminal investigators were called in once the fire was out and entry was safe for them.

But both Coffey and Brewster said the appearance of a criminal investigation doesn't necessarily mean a crime is suspected.

"It's a crime scene until proven otherwise," Coffey said, who besides being a volunteer firefighter is a Batavia police officer. "Obviously, we have two fatalities, so we're erring on the side of cause. We're treating it as a crime until proven different, but that's not indicative of any sort of information that we know at this point. It is how we would normally handle a call like this."

The location is the same as a reported hit-and-run accident April 1 in which resident Brian Ace suffered injuries and had to be taken by Mercy Flight to an area hospital. Ace declined to press charges in that case.

Investigators, at this point, don't seem to believe there is any connection between that incident and the fire.

There were no fatal fires in the Town of Batavia Fire District from 2008 until this year. This is the second fatal fire for Town volunteers in less than a month. On April 30, a fire at a residence on Oak Orchard Road claimed the life of Roger Saile, age 90.

"Obviously, it's been a tough stretch for us," Coffey said. "This one, obviously, is going to hurt. Just two weeks ago, three weeks ago, we also had that other one, so we're going ot make sure that we take care of our members, but it's going to be a difficult time for us."

Police respond to fight reported at 7-Eleven

By Howard B. Owens

Police are looking for a vehicle, possibly a blue Honda, that fled the scene of a reported fight at 7-Eleven on East Main Street as soon as police arrived.

There may also be subjects who might have been involved walking on Elm Street.

The initial report was of five people fighting at the 7-Eleven.

Working house fire reported on State Street Road

By Billie Owens

A working house fire is reported at 8157 State Street Road. Town of Batavia, Stafford, Elba, Oakfield and Alexander volunteer fire departments are responding to the scene.

UPDATE 10:49 p.m.: Personnel from the NYSP, Batavia PD and GC Sheriff's Office are on scene, too.

UPDATE: Confirmed fatal fire.

UPDATE 12 a.m.: Town Code enforcement and a Water Department rep called to the scene.

UPDATE 1:30 a.m (by Howard): I've just returned from the scene. Two children, approximate ages 2 and 3, died in the fire. The mother was reportedly out of the house at the time of the fire. The cause of the fire has yet to be determined. We'll have a full report in a separate post later.

Letters alert eligible Medicare beneficiaries to missed benefits

By Billie Owens

Press release:

Beginning this week, Medicare beneficiaries will receive a letter from the Social Security Administration (SSA) if they may be eligible for help with their out-of-pocket medical and drug expenses. Genesee County Office for the Aging encourages beneficiaries who receive these letters to take action to learn more about the Medicare Savings Program (MSP) and Extra Help.

The letters are sent annually to people with Medicare with limited incomes who could be eligible for—but are not enrolled in—an MSP, which helps with Medicare out-of-pocket costs, or Extra Help, which helps with the costs of prescription drugs.

“These letters are not a scam,” said Kimberly Perl, HIICAP coordinator at the Genesee County Office for the Aging. “They are an important notification that Medicare beneficiaries should review and consider. We can help determine if they’re eligible, apply, enroll, and even understand how to use their new benefits once they’ve been approved.”

A Walk-In Day to assist potential beneficiaries has already been set on May 31st between the hours of noon and 2 p.m. at the Office for the Aging, located at 2 Bank St. downtown Batavia. Anyone receiving a letter—or who believes they or a loved one may be able to get help from these programs—should contact the Office for the Aging first at (585) 343-1611 so they may properly inform you of what you will need to bring.

In addition, Medicare beneficiaries can go online to see if they are eligible for MSPs, Extra Help and other benefits that can supplement their monthly budget. The National Council on Aging’s BenefitsCheckUp® is a free, confidential screening tool that can connect older and adults and younger adults with disabilities to these programs. Learn more at BenefitsCheckUp.org.

Kiwanis Club honors top seniors from Batavia HS

By Howard B. Owens

Batavia High School's top academic seniors were honored today by the Batavia Kiwanis Club, and they were also congratulated by an unexpected guest at the meeting, Lt. Gov. Kathy Hochul, who was in town for an event at Genesee Community College and stopped by the Kiwanis meeting after that event.

Hochul told the students that they've been fortunate to grow up in a community that has nurtured them and, unlike the era of her youth in WNY, provides more career opportunities at home. She encouraged them to get their college educations and then return home where they can not only better themselves and their families but their communities as well.

The top 10 students are Alexis Vasciannie, Ross Chua, Louis Leone, Sarah Wezel, Skylar Laesser, Noah Dobbertin, Andrea Gilebarto, Dharina Rathod, Samantha Cecere and Quinn Schrader.

Awards were also given out for vocal and instrumental achievement and citizenship.

City crews removing five dead trees Downtown, but they will be replaced

By Billie Owens

Crews from the city Bureau of Maintenance are removing five dead trees along Main Street downtown. The trees will be replaced. They can't simply dig out the trees due to brick paving and utilities underneath such as water pipes and electricity line. So the dirt must be washed from the roots in the extrication process.

Water main break closes part of Bank Street

By Billie Owens

There's a water main break on Bank Street in the City of Batavia. A portion of the street is closed -- between Main Street and Washington Avenue -- as crews from the Bureau of Maintenance try to repair the problem. But a worker said they haven't located the break point yet, so it's uncertain how long the repair will take.

Car vs. pole accident reported at West Main and River streets in the city

By Billie Owens

A car vs. pole accident is reported at West Main and River streets in the city. A first responder on scene however reported no accident. Yet wires are down and pole #40 is split in half. City fire and Mercy medic #1 responded. National Grid is notified.

UPDATE 10:16 p.m.: National Grid is on scene.

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By Lisa Ace

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Law and Order: Le Roy teen charged with sexual abuse in cases involving a 12- and a 10-year-old

By Billie Owens

Austin Shipley, 17, of East Main Road, Le Roy, is charged with second-degree attempted sexual abuse and endangering the welfare of a child. The subject was arrested on May 17 following an investigation into allegations that the subject had inappropriate physical contact with a 12-year-old at 5 p.m. on April 11 on East Main Road, Le Roy. In a separate case, Shipley is also charged with first-degree sexual abuse and endangering the welfare of a child following an investigation into allegations that the subject had inappropriate physical contact with a 10-year-old at 5 p.m. on April 19 on East Main Road, Le Roy. After arraignment in Le Roy Town Court, Shipley was released under supervision of Genesee Justice. Both cases were handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Rachel Diehl.

Theresa K. Beardsley, 52, of Walnut Street, Batavia, is charged with second-degree harassment. She was arrested after allegedly striking a male at an apartment on Walnut Street at 6:53 p.m. on May 10. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Camp.

Ashlee S. Thomas, 19, of Liberty Street, was arrested at 7:30 p.m. on May 8 after police responded to a report of a large disturbance in the area of 121 Liberty St. in the city. She is charged with second-degree obstructing government administration and second-degree harassment. It is alleged that she interfered with Batavia police officers who were attempting to arrest another subject. She was issued an appearance ticket for May 24 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Geoffrey M. Anderson, 50, of East Main Street, Batavia, is charged with second-degree harassment. He was arrested following a complaint that he approached a USPS mailman at 12:30 p.m. on May 16 and repeatedly threatened him. He is to appear in City Court on May 24. The case was handled by Batavia Police Officer Jason Ivison.

John M. Galit, 29, of Kyser Lake Road, Dolgeville, is charged with common law DWI, unlicensed driver, and DWI. On May 16, city police were notified that an accident occurred in the parking lot of Applebee's by a NYSP investigator who was following the vehicle at the time. Batavia PD stopped the vehicle at 6:25 p.m. on Oak Street. Galit was allegedly found to be operating the 2015 Ford F-250 while intoxicated and he was arrested. He was released on appearance tickets and is to be in City Court on June 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Jamie Givens.

Roy D. Hooten, 55, of South Main Street, Batavia, is charged with third-degree criminal mischief. He was arrested at 11:56 p.m. on May 15 as the result of a complaint from the staff at UMMC in which it is alleged that he damaged hospital property during an incident at 9:58 p.m. on May 15. He was jailed without bail and was due in City Court Monday. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

William B. Gorton, 21, of 8410 E. Main Road, Le Roy, was arrested and charged with one count of third-degree criminal mischief, an E felony. It is alleged that on or about May 17, Gorton damaged an electric door lock at an address on Lake Street in Le Roy when he intentionally struck the door numerous times. The cost to repair the locking mechanism is in excess of $250. Gorton was arraigned in the Le Roy Town Court, released on his own recognizance and is to reappear in town court at a later date.

David M. Pero, 64, of Trumbull Parkway, Batavia, is charged with open burning. At 2 p.m. on May 8, police and city firefighters responded to the area of 667 Ellicott St. for the reported unknown-type fire. Upon arrival, an open burn was located. A subsequent investigation was conducted and Pero was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by police Sgt. Dan Coffey.

Sara A. Howard, 21, of West Bergen Road, Le Roy, is charged with possession of a hypodermic instrument and second-degree criminal impersonation. At a traffic stop at 10:20 a.m. on Oak Street in the City of Batavia, Howard allegedly attempted to provide a false name to an officer. She was also allegedly found in possession of a hypodermic needle. She was arrested, arraigned and released under supervision of Genesee Justice and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Devin P. Hofert, 20, of Hutchins Street, Batavia, is charged with trespass. Hofert was arrested for trespass at 11:58 a.m., May 17, on East Main Street, Batavia, after allegedly being on a premise that he was previously advised to avoid. He is to be in City Court on May 24 to answer the charge. The case was handled by Batavia Police Officer Jason Davis.

Andrew C. Webster, 23, of Gillette Road, Alexander, is charged with trespass. At 7:35 a.m. on May 13, Webster was located in a tent behind 269 State St. and was arrested for trespass and was to appear in City Court on Tuesday. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Lena M. Evans, 28, no permanent address, is charged with trespass. She was arrested at 7:35 a.m. on May 13 following an investigation of a tent that was found on private property on State Street in the city without the landowner's consent. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Jason Davis.

Sandra L. Longhini, 55, of South Spruce Street, Batavia, is charged with unlicensed dog and dog running at large. On May 12 at 6:30 p.m., Longhini's dog was allegedly found running loose in backyards and on the street and it allegedly is not licensed with the City of Batavia. She was issued an appearance ticket for May 17 in City Court. The case was handled by Batavia Police Officer Jamie Givens.

Matthew P. Parker, 26, East Center Street, Medina, was arrested on May 12 on an active warrant out of Batavia City Court for allegedly failing to pay a fine issued by that court for excessive noise on May 24, 2015, on Summit Street. Parker was due in court today. The case was handled by Batavia Police Officer Chad Richards.

John Thomas Kingsley, 39, of Royce Road, Varysburg, was arrested on an active bench warrant out of Batavia City Court for allegedly failing to pay a fine for a traffic citation issued on Bank Street in July of 2014. At the time of his arrest, Kingsley was a passenger in a vehicle that was stopped by Troopers in Rochester. He was subsequently picked up by Batavia PD. He posted bail and is to be in City Court on May 31 to resolve the matter. The case was handled by Batavia Police Officer Chad Richards.

Public info meeting June 15 on Tonawanda Creek Bridge Rehab project at River Street

By Billie Owens

Press release:

The Genesee County Highway Department will conduct a Public Information Meeting to discuss the River Street over Tonawanda Creek Bridge Rehabilitation project in the City of Batavia. The meeting will begin at 7 p.m. on June 15 in the Council Board Room, 2nd Floor City Hall, One Batavia City Centre in Batavia.

The project will involve the rehabilitation of the River Street Bridge over Tonawanda Creek. The preferred alternative is to replace the existing bridge superstructure while reusing the existing concrete abutments and pier. The rehabilitated structure will maintain the current 34-foot roadway width and the 5-foot wide sidewalk on the east side of the bridge. The project will include new bridge rail and minimal approach reconstruction.

The project is being progressed as Project Identification Number (PIN 4760.62), by the Genesee County Highway Department, the New York State Department of Transportation (NYSDOT), and the Federal Highway Administration (FHWA). At present, the project is in the preliminary design phase.  Representatives from the Genesee County Highway Department, NYSDOT, and Barton & Loguidice, D.P.C., will be available at the meeting to answer questions and obtain comments on the proposed project from individuals, groups, officials and local agencies.

Questions regarding this meeting may be addressed to Mr. Timothy Hens, P.E., Superintendent, Genesee County Highway Department at (585) 344-8508.

Wood Street and Highland Park to close for paving May 24 and 25, respectively

By Billie Owens

Press release from the city's Bureau of Maintenance:

Wood Street and Highland Park will be closed on May 24th and 25th, between 7 a.m. and 5 p.m. for paving operations. Wood Street will be paved first on May 24th, and Highland Park will be paved on May 25th.

Residents and businesses are not to park on the roadway during paving operations.

Highland Park and Wood Street will be closed to all through traffic. Residents and businesses of these streets, will have limited access to their properties and should expect delays when paving operations are ongoing. If work is postponed by weather, work will be rescheduled for the next calendar work day.

All other traffic is asked to avoid this area and seek alternative routes.

Photo: Tree and gravel road

By Howard B. Owens

A tree and gravel road behind County Building #2, off West Main Street Road, Batavia.

Herbs the theme of the day for interagency meeting

By Howard B. Owens

Master Gardener Jane Grehlinger talks about container gardening during the annual joint meeting of the Genesee County Interagency Council at the ARC Community Center in Batavia.

The meeting focused on a "green thumb" theme and included the planting and growing of herbs along with a local chef discussing cooking with herbs.

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