batavia

The attorney for a Batavia man accused of rape is troubled by the wide range of potential dates for the alleged attack and would like District Attorney Lawrence Friedman to try and get the woman making the accusation to try and come closer to an exact date.

Establishing a more accurate date would enable attorney Clark Zimmermann to determine if his client has alibis for the time of the alleged rape.

Jason A. Armstrong Sr., is accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Zimmermann said it was good that the indictment was able to specify the alleged attack happened between 8 and 9 p.m. on whichever day it occurred, but Nov. 6 to Nov. 10 is rather wide range to accept without more effort to narrow it down.

"I would think an adult as the complainant is, would be able to further specify or narrow the time frame," Zimmermann told Judge Michael F. Pietruszka. "Right now we have five possible days between 8 and 9 that this event could have occurred."

Friedman said he is certainly willing to cooperate in working with the alleged victim in narrowing the time frame down, but given the fact that the complaint wasn't made until the end of December, the amount of time that had passed before she was interviewed, made it difficult for her to recall the exact date.

"While I would like to provide a precise date or more precise date, I'm simply unable to do that at this time," Friedman said.

Zimmermann said he would expect the woman would have some ability to use work records or other life records to help her recall and narrow the time frame. He said the woman was working some jobs off the books in November and perhaps knowing when and where she worked would help. He indicated he uncovered some of that information through is own investigations and offered to provide that information to Friedman.

Friedman said he would accept the information and attempt to use it to help the woman come up with a more precise time frame.

Armstrong was indicted by a grand jury on counts of criminal sexual act in the first degree and assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address, on South Main Street, as the alleged rape.

Zimmermann said he was still gathering evidence that might assist Armstrong in establishing alibis in both cases, including recorded phone messages left by one of the alleged victims.

Friedman objected that he had not yet received the evidence, despite filing a motion to receive it, and Zimmermann said that given the fact no trial date has been established yet, he still had time to gather the details and provide them in a timely manner.

"I certainly don't intend to sandbag him and I hope he doesn't do the same to me," Zimmermann said. "I think I've provided ample notice and if he disagrees, that's why we have you, Judge."

The case was set for another appearance on March 25, giving both sides more time to prepare their cases. At that time, if no plea deal is reached, Pietruszka will establish a plea cutoff date before setting a trial date.

An ambulance has been dispatched to Bank Street and Alva Place for the male victim of a stabbing.

Police are on scene. 

No further information available at this time.

UPDATE 9:55 p.m.: The stabbing victim was approached by two males at the 7-11 store parking lot on East Main Street and "asked to purchase something" but police would not specify what that was. When the victim pulled out some money, he was stabbed in the shoulder and the money was taken. The suspects fled north on Elm Street, but that is not a certainty; the victim is not from the area. The suspects are described as a light-skinned male and a dark-skinned male, both wearing hoodies, one of which was dark and one of which was gray, but the victim could not specify which person wore what color. The victim attemped to drive to the hospital, but ended up at Bank Street and Alva Place, where he found a police officer and flagged him down.

Students from eight area high schools were at Genesee Community College today to show off their sales and marketing skills in a virtual trade fair sponsored by the Accelerated College Enrollment (ACE) program.

The students applied skills they learned in their classrooms to try and convince others to buy their products using virtual credit cards. Students were required to interact with potential buyers by making pitches, showing off catalogs and demonstrating their products. The transactions were recorded and receipts deposited in virtual bank accounts. Students are judged on sales skills and sales results. The top three businesses were to receive awards.

Particpating schools were Batavia, Dansville, Elba, Le Roy (two teams), Livonia, Notre Dame and there was a team from Wyoming County.

Also coming up are the annual Tech Wars, which is March 17, starting at 9:30 a.m.

Jason E. Hammond, 34, of Ross Street, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, speed not reasonable and moving from lane unsafely. Hammond was arrested following a single-vehicle accident at 2:24 a.m. Sunday on Liberty Street, Batavia. Hammond's vehicle hit a utility pole and flipped over. The accident was investigated by Officer Felicia DeGroot. Hammond was ordered held without bail. (Previous coverage).

Victoria M. Fleck, 22, of Wood Street, Batavia, is charged with second-degree harassment and criminal obstruction of breathing. Fleck was arrested following a reported domestic incident at 11:45 p.m., Sunday. Fleck was held on $750 bail.

Timothy J. Becker, 51, of Ellicott Street, Batavia, is charged with second-degree harassment. Becker was allegedly involved in a domestic incident at 11:30 p.m., Saturday.

Matthew Joseph Engert, 24, of Geddes Street, Holley, is charged with aggravated harassment. 2nd. Engert was arrested on a warrant stemming from a criminal complaint reported at 11:22 p.m., Nov. 2. No further details released. Engert was jailed on $1,000 bail.

Donald Robert Rock, 58, of Judge Road, Oakfield, is charged with felony DWI, felony driving with a BAC of .08 or greater, failure to keep right and driving left of pavement markings. Rock was stopped at 11:29 p.m. Friday on Kelsey Road, Batavia, by Deputy Ryan DeLong.

Jason William Penny, 31, of Maple Lane, Susquehanna, Pa., is charged with petit larceny. Penny is accused of shoplifting at Target.

Last fall, the folks at the YMCA were looking at remodeling their aging facility on East Main Street. Time has taken its toll and what started out as a project that might need a few hundred thousand dollars soon ballooned into a $3 million estimate.

At that price, Executive Director Rob Walker said, maybe it was time for the Y to look for a partner. 

YMCAs in other communities found ready partners in local hospitals, so Walker, in his job for a little over a year, called Dan Ireland, CEO of United Memorial Medical Center, also in his job for a little over a year, and asked for a meeting.

It was a meeting of the minds.

Ireland was already thinking it would make a lot of sense for the hospital to partner in the Y. The missions align and the two nonprofit organizations share property lines.

The logical conclusion, build a new building that would meet the needs of both the Y and UMMC.  

The hospital owns property on three sides of the way, including the location of Cary Hall and the vacant lot (formerly the Elks Lodge) next to it. It would make a lot of sense, Walker and Ireland surmised, to build something new on that land and take the current Y building down.

A task force was formed, chaired by Mark Schoell, the retired CEO of UMMC, and including people such as City Manager Jason Molino, County Manager Jay Gsell, economic development coordinator Julie Pacatte and business leaders such as John Riter, of Merrill Lynch.

The planning process took another step forward today with a community forum, consisting of about 80 invited community leaders from throughout Genesee County, at City Church's Generation Center on Center Street.

Walker is quick to point out that the Y and UMMC are in the very early stages of the process, just pre-planning, but he and Ireland are pretty clearly enthusiastic about the idea.

"The level of cooperation and spirit of collaboration between the Y and the hospital has been fun, enjoyable and something that is going to be transformative," Walker said.

It's a great opportunity improve the level of health and well-being services for the people of Genesee County, Ireland said.

"Cary Hall is aging and needs work," Ireland said. "The Y is aged and needs work. We have a tremendous plot of land with parking and those buildings; we could really do a lot if we collectively come out with the right thing. The benefit to the hospital is new space so we can offer greater service.

This morning's forum was facilitated by Mary Ellen and Rick Peterson, both from the national YMCA office.  

The 80 or so participants were assigned groups of five or six people with a facilitator who helped guide the discussion and wrote group thoughts and ideas on white sheets of paper. The groups were asked to take about 12 minutes on each of five questions, such as what challenges the community faces, how those challenges can best be met, what can be done locally to help families, and how can personal well-being issues be addressed.

All of those sheets of paper -- dozens and dozens of them -- were gathered up after the meeting and the task force will now review them and use them to produce a report by May or June on how the Y and UMMC can best meet community needs and what should go into a joint facility to meet those needs.

"We can't just take the Y in Rochester or the Y in Buffalo and take a cookie cutter and drop it in Batavia," Walker said. "All the stuff that is in this room right now, on the walls, this is what we're going to take and make spaces to meet those needs. We don't know what it's going to look like, but it's going to be pretty."

Walker said the task force will also be able to draw on needs assessments completed by other area agencies over the past few years, such as the Office for the Aging, Health Department, school district and United Way.

The applause line of the morning came from one gentleman sitting at the back of the room who pointed out the participants were all white, and mostly close in age. He suggested there needs to be some needs assessments from a group with greater diversity and representing a broader range of community members.

Both Walker and Ireland said the gentleman's comment was right on target and that there were people invited who could bring greater diversity, but they didn't show, so there will be some follow up with them.  

"We recognize the need to strengthen the task force so there is an equal representation," Ireland said.

Walker was clearly energized by the morning's discussion and believes if all of these plans come together into a real project, it will transform Downtown, transform Batavia and, in fact, all of Genesee County.

"Today was pretty inspirational for me," Walker said. "The minds, the passion here for Batavia; it's a proud community. We have tremendous potential to make this projection transformational and make Batavia a destination city."

Contractors for National Grid are busy this week along Oak Street removing trees that have become increasingly misshapen over the years by trimming meant to keep utility lines clear of obstructions. The trees will be replaced by species that aren't expected to interfer with the utility lines.

A caller reports 10 black males, approximately ages 20 to 30, were fighting in the area of Hutchins Place and Lewis Place in the city. No weapons were displayed. They scattered in different directions. City PD responding.

A man is out of control in a hallway inside United Memorial Medical Center and reportedly struck a nurse. City police just arrived on scene.

An unidentified friend of the dog owner is holding onto the dog who is said to have bitten two people a short time ago.

Mercy medics are told to stage in the area of State Street and Hutchins Place for a victim or victims with multiple dog bite injuries. Law enforcement is responding.

UPDATE 3:26 p.m.: A German shepherd allegedly got loose and bit two people. The wounds are described as superficicial, but one person was transported to UMMC for evaluation. The dog owner was not home at the time of the incident, said Batavia Police Sgt. Chris Camp. The incident is under investigation. A friend of the dog owner, pictured, said the canine is about 2 years old.

Press release:

The Genesee Society of Model Engineers will be holding their semi-annual GREAT BATAVIA TRAIN SHOW Sunday, April 10, at the Clarion Hotel in Batavia. Details follow:

• Show Name:      The Great Batavia Train Show
• Date:                  Sunday, April 10
• Location:            Clarion Hotel, Park Road, Batavia
• Admission:         $5 adults, $2 under 18, free for children under 13
• Hours:                9:30 a.m. to 3:30 p.m.
• Features:            Vendor tables, door prizes, free parking

Additional Train Show information:

For more than 30 years the Great Batavia Train Show has been one of the premier hobby events in Western New York. All forms of model railroad and train-related merchandise will be available. Items offered include all scales of model trains, clothing, historic railroad items, books, videos and toys. Modeling demonstrations, and door prizes featuring great railroad items, will be part of the fun. Free parking.

About the organizing group:

The Genesee Society of Model Engineers has promoted the hobby of model railroading in the Western New York area for more than 40 years. This not-for-profit organization is headquartered at 50 Main St. in Oakfield. In our facility above the M&T Bank, our membership maintains three operating model train displays. An open house is offered free to the public each December, and visitors are welcome on Tuesday evenings.

Contact Information:

• Train Show Chairman:      Mike Pyszczek
• Phone:                  585-768-4579 (residence)
• E-mail:                  bataviatrainshow@gsme.org
• Web site:            www.gsme.org
• Mailing address:      GSME, P.O. Box 75, Oakfield, NY 14125

Press release:

The Genesee County Nursing Home was recently notified of changes to its “Star Rating” by the Centers for Medicare and Medicaid Services. The 160-bed Nursing Home, located at 278 Bank St. in Batavia, has improved its overall rating from 3 stars to 4 and improved in quality measures from 4 stars to 5.

The federal Web site (known as “Nursing Home Compare”) measures many statistics and awards a star rating for every nursing home in the United States. The system is designed to make it easier for consumers to compare the quality of various Homes. Ratings range from 1 star (“Much below average”) to 5 Stars (“Much above average”). The overall rating is a composite of quality measures, staffing, and health department inspections. Ratings are updated monthly.

Genesee County Nursing Home is rated 5 stars for quality measures, 4 stars for staffing, and 2 stars for health inspections – with an overall rating of 4 stars.  The rating covers only the 160-bed skilled nursing portion of the Home.

Administrator Christine Schaller said, “I’m proud and grateful to our staff for the improvements we have made during 2015, and I look forward to even better results in 2016. Our goal is to improve our performance on New York State Department of Health inspections to achieve an overall rating of 5 stars.  

The County-owned Nursing Home and 80-bed Adult Home are scheduled to be sold to Premier Healthcare Management, LLC, this year.

Justin T. Calmes, 37, of Watson Street, Batavia, is charged with trespass and illegal disposal of items. Calmes allegedly dumped items into a dumpster at North Spruce Apartments when he did not have permission to use the dumpster.

Andrei P. Sliker, 25, of Silver Road, Bethany, was arrested on a warrant for alleged failure to appear. Sliker was taken into custody at 9:31 p.m. Thursday by Batavia PD and transported to City Court, where the matter was resolved.

James R. Kosiorek, 23, no permanent residence, was arrested on a warrant out of City Court by Rochester PD. Kosiorek was turned over to Batavia, was arraigned in City Court, and released.

Jessie M. Cramer, 30, of South Jackson Street, Batavia, was arrested on a warrant. Cramer was located on Jackson Street during an investigation into an unrelated matter. He was released on $500 police bail.

Kimberly M. Volk, 27, of Montclair Avenue, is charged with criminal using drug paraphernalia, 2nd. Volk was contacted by police in front of Dollar General after a report of a verbal argument. She was allegedly found in possession of two glass crack pipes.

Shane Eric Ashton, 46, of Walkers Corners Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and moving unsafely from lane. Ashton was stopped at 2:34 a.m. Sunday on East Main Street, Batavia, by Deputy Patrick Reeves.

Triton Adam Drock, 21, of Buell Street, Batavia, is charged with failure to register change of address within 10 days. Drock was arrested on a warrant  of Town of Batavia Court. 

Batavia is no stranger to Far West Regional games. The Blue Devils have been to a few under Head Coach Buddy Brasky, including a thriller against Olean in 2013 that saw Jeff Redband's game-winner find itself on a SportsCenter Top 10 on ESPN.

Not many imagined that Batavia would be playing in a Far West Regional game this year, but the Blue Devils were indeed there, taking on a Williamsville South squad that saw its season come to an end in that very game last year.

The Billies came in riding a 13-game winning streak and were seemingly a heavy favorite to win, but Batavia withstood everything its opponent had to throw at them, holding a one-point lead late in the game.

Williamsville South, like a championship team does, rose to the challenge as Jordan Buell knocked down a three-pointer with 10.2 seconds left to give his team a two-point lead.

Batavia had one more crack, and chose to get the ball to a fifth-year varsity player, Malachi Chenault -- the only holdover from the 2013 team -- but the ball was knocked away and Brasky felt his player was fouled.

The call was not made and Williamsville South escaped with a 53-51 lead, ending Batavia's season at Buffalo State College on Saturday night (March 5).

"Did he get thrown to the ground or didn't he?" said Brasky when asked about the play after the game.

Midway through the third quarter it didn't seem like the Blue Devils would even be in position to have such a call matter late in the game.

Leading by six at halftime, Williamsville South exploded out of the gates, using an 11-3 run -- capped by a one-handed dunk by Graham Dolan -- to take a 14-point lead. It seemed like the Billies were going to cruise to Glens Falls, but Batavia was not ready to go down without a fight.

The Blue Devils went on a 13-4 run to end the third quarter down by just five points...and then T Sean Ayala took over.

The sophomore went 0 for 7 in the first half, scored seven points in the third quarter and then went on to score 13 of his game-high 20 points in the fourth quarter.

"It was just a matter of me feeling it," Ayala said. "I just told myself to come out and lead the team as best as I can because I'm the best shooter on the team."

Ayala would help lead Batavia all the way back and eventually they took a 51-50 lead on a Chenault free throw with 1:16 to play.

The Blue Devils had a chance to increase the lead but Chenault missed the front end of a one-and-one and Williamsville South grabbed the rebound.

The Billies were looking to use a play that had previously gotten star point guard Greg Dolan into the lane successfully, but Batavia closed it off, forcing them to kick it out and eventually it fell into the hands of Buell for the game-winner.

"We ran a play that had worked twice in a row for Greg to get in the lane and they guarded it very well," Williamsville South Head Coach Gabe Michael said. "But Jordan is always in that backside corner so it's hard to get over to him if we work the ball and Myles [Hall] did a nice job passing that shot up to get Jordan wide open."

It was just Buell's second basket of the game and Batavia was ultimately unsuccessful in tying or taking the lead on its last possession, regardless of the foul or non-foul call.

Hidden in the spoils of defeat was the fact that the Blue Devils battled back from a double-digit lead in the second half to eventually take the lead and put themselves in position to win the game late.

"In my 25 years coaching, in the fourth quarter, that's the most heart I've ever seen a team show," Brasky said.

Greg Dolan had team-high 17 points, six rebounds and six assists while his older brother Graham had 16 points, eight rebounds and two blocks for Williamsville South (21-3).

Chenault scored 12 points and grabbed five rebounds while Trevor Sherwood had eight points and 14 rebounds in their final high school games for Batavia, which finishes 17-8.

Twitter: @SabatoNick

Video of controversial play at close of the game (by Nick Sabato):

Photos by Howard Owens.

To purchase prints, click here.

A vehicle reportedly flipped over at Liberty and East Main streets in the City of Batavia, unknown injuries. City firefighters and Mercy medics are responding.

UPDATE 2:50 a.m.: No injuries. Three people in the vehicle. A male said he was the driver and police were conducting a field sobriety test when we left the scene.

It was Family Reading Night at Jackson School on Thursday night, with parents joining their children for events at the school, including community volunteers reading to students.

Above, City Schools Superintendent Chris Dailey reading to a class.

Barbara Holder, who retired many years ago from teaching, but still regularly volunteers at Jackson School, was the reader in another classroom.

Batavia Police Officer Pete Flanagan.

Shaley Johnson plays a puzzle game with Jesse Higgins.

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for an application for assistance from Darien Lake Theme Park Resort, as well as an initial resolution for Mega Properties, Inc.’s Koolatron project, at its March 3 board meeting.

Darien Lake Theme Park Resort will add two new attractions in time for its 2016 operating season, including a six-flume water slide and a roller coaster train. The new attractions are part of the company’s 2016 Tourism Destination Project aimed to enhance visitor experience.

The company was approved for a sales tax exemption of $189,200 and the project’s planned capital investment will total an estimated $2.8 million.

“We are very pleased to have such tremendous support from the GCEDC in our efforts to offer guests the highest quality, most memorable visitor experiences,” said Chris Thorpe, general manager, Darien Lake. “GCEDC’s investment in our 2016 Tourism Destination Project will help us remain one of the Northeast’s most attractive tourist attractions.”

“As one of Genesee County’s largest employers, Darien Lake is one of the most powerful economic contributors to our local economy, providing over 400 full-time equivalent jobs and approximately 2,000 seasonal positions each year,” said Paul Battaglia, GCEDC Board chairman. “The GCEDC remains committed to investing in projects that will enhance the park and allow it to continue serving as one of our region’s most popular tourist destinations.”

In addition, the GCEDC board approved an initial resolution for Mega Properties, Inc., which provides distribution services to the United States for Koolatron Corporation, a Canadian-based manufacturer of consumer goods. Koolatron’s distribution center has operated in Batavia since 1979 and plans to add 25,000 square feet to its existing 45,000-square-foot facility in order to increase production and expand its global footprint.

The company was approved to receive a total of $172,096 in sales, mortgage and property tax exemptions. The capital investment for the project is approximately $750,000. Since the company is receiving incentives of more than $100,000 there will be a public hearing at a time, date and location to be determined.

The Warming Center is open tonight and Friday night from 8 p.m. to 8 a.m. for women and children in need of shelter at the United Methodist Church, Lewiston Road, Batavia.

For assistance, call (585) 993-6371.

There will be pickups at both McDonald's locations in Batavia.

Light meals will be served.

A couple who met on Robbins Road, Le Roy, on Feb. 21 to discuss their relationship was subsequently arrested on felony charges after one was hospitalized and the other had her car seriously damaged.

Le Roy PD reports that Rebecca L. Rose, 23, of North Street, Le Roy, and Jeffrey W. Scott, of Walnut Street, Batavia, were in Rose's car discussing their relationship when things got heated. Scott allegedly became violent and caused $1,643.48 in damage to the interior of Rose's car.

Scott then reportedly got out of the vehicle and Rose allegedly backed over him and then, in pulling forward to leave, ran over him a second time.

Scott suffered pain and abrasions over several parts of his body. He was transported to an area hospital where he was treated and released.

Scott was charged with one count of criminal mischief, 3rd, a Class E felony, and Rose was charged with one count of assault, 2nd, a Class D felony, and leaving the scene of a personal injury accident. Both were arraigned in Le Roy Town Court both were released on their own recognizance.

Clients of Independent Living of the Genesee Region in Batavia have a new option for getting involved in artistic creation thanks to a donation of an Artcovz by the University Heights Arts Association in Buffalo.

Lawrence Kinney, who founded the association with is wife, Mary, made the kiosk with a 100-year-old humidor as the foundation and was on hand Wednesday for the donation ceremony.

Mary Kinney explained that a primary goal of the association is to make art accessible to communities that are underserved in the arts, such as those with limited ability to get around or limited finances.

"Anybody who passes by is welcome to take a project," Mary said. "The projects are free they contain everything from drawing to small sculpture projects, garden art, adult color sheets, CD samples, lectures, and we change out the art frequently. Also we have little donation box at bottom to allow people to pay it forward. We do accept donations of paper, pencils and old craft supplies."

Lawrence Kinney said part of the inspiration for the idea comes from the Little Free Library movement, were people set up boxes that act as roadside lending libraries.

One of his specialities as an artist is reclaiming old furniture, especially pieces made from hardwoods, and turning the furniture into art projects.

The one at the Independent Living center at 113 Main St., Batavia, began as an old humidor and he built it up into a kiosk with space for a varity of art materials.

The association is interested in connecting with any location, including local businesses, that would like to host a kiosk.

"Western New York has a wonderful art communtiy, but a lot of the art organizations serve seasoned artists and we want to serve underserved populations, like people with disabilities, who might not otherwise access programs as easily," she said.