batavia

A 27-year-old man who lives on Liberty Street in the City of Batavia faces five criminal charges following a high-speed chase on Tuesday afternoon, according to a press release issued today by the Genesee County Sheriff's Office.

Derek Francis McQueen was operating a 2005 Suzuki GSXR motorcycle on Lewiston Road in the Town of Batavia when he was allegedly observed violating numerous vehicle and traffic laws. When Sheriff's deputies attempted a traffic stop, McQueen fled and after a high-speed chase was apprehended in the Town of Alabama.

He was allegedly found to be in possession of various quantities of heroin, methadone, morphine, marijuana and drug paraphernalia. In addition, he had an active warrant out of the Town of Gates for an unrelated charge.

The charges against him are: unlawful fleeing a police officer / motor vehicle, 3rd; criminal possession of a controlled substance, 7th; possession of a hypodermic instrument; unlawful possession of marijuana; and criminal use of drug paraphernalia, 2nd. Other charges include, reckless driving, aggrevated unlicensed operation, 3rd, and numerous traffic violations.

McQueen was arraigned in Town of Batavia Court and jailed in lieu of $50,000 cash bail or $10,000 bond.

The case was investigated by Sheriff's Deputy Joseph Corona, assisted by Deputy Christopher Parker.

The message seems to be getting through.

Batavia school officials were alarmed at the number of fights at the high school in 2012-13, so after some consideration, they decided to do what people do to curb criminal activity: call the police.

It was a big policy swing away from the traditional approach of schools, which is to handle problems on campus through internal processes such as counseling and suspensions. 

The new policy means students who fight could be arrested, put through the criminal or family court system and potentially see their names in police blotters (last year, The Batavian redacted the names of under-18-year-old students arrested on campus from arrest reports).

The change in policy had an immediate impact.

In 2012-13, 19 fights at BHS. In 2013-14, three.

"The resources we had available weren't changing views, and we needed to do something in order to change the behavior of kids choosing to fight while at school," said Superintendent Chris Daily during a press conference Tuesday. "We took it to the next level and it's worked."

Daily knew the new policy was having an impact when he was walking through a corridor at BHS and overheard a young lady and young man talking.

"He was obviously a little agitated," Daily said. "I heard her say directly, 'if you get in a fight, they're going to arrest you and then you're not going to be around this weekend and then we are done.' "

The other component of the new program is intervention. It takes some effort by teachers and counselors to become aware of potential issues between students, some reliance on students expressing concern about potential problems (more likely with the elevated consequences), but school officials work at the effort because they would like to mediate conflicts before fights erupt. 

"Peer pressure gets a negative rep, but there is positive peer pressure and the kids, they want to take care of each other," said BHS Principal Scott Wilson. "They are now reaching out to the adults in the building and looking for other ways of resolving conflicts."

In the case of Daily's overheard conversation, a counselor got involved and mediated the dispute. It didn't necessarily make the two potential combatants friends, but it did lessen the tension.

"It's been the hardest part of the rollout," Wilson said. "We've had countless remediations to resolve conflicts. Sometimes students agree to disagree, but they do not engage."

Officials hope students learn through the program that there are better ways to solve problems than fighting.

"The kids are learning, 'I can't handle myself this way,' " Daily said.

A pair of police cruisers showing up at the front entrance of the school as the result of fight gets the students' attention. After the first fight last year, Wilson said, the chatter among students wasn't the usual recap of the altercation; rather, students were talking about the arrests.

"The kids who have been through consequences, either through youth court or criminal court, have been our best advertisements to stop this behavior," Daily said.

The old policy kept students in a bubble, isolated from societal consequences of criminal behavior, and helping students learn that whether on campus or off, they are part of a larger community is one positive of the program, said Police Chief Shawn Heubusch.

"(When a student) leaves the school, he shouldn't have to abide by a different set of standards than he does while he's in the school," Heubusch said. "By applying that consistency and that constant communication, you should see that student carry that over into his personal life and into his community."

The words consistency and communication came up a lot during the press conference.

It was communicated clearly to students at the start of the school year that there would be criminal consequences to fighting, and school officials communicated with parents, particularly parents with children involved in conflicts.

There's also an outreach component to the effort. Heubusch doesn't want students to just see his officers as the long arm of the law. He wants them to understand they're available to help.

Det. Richard Schauf has been a regular presence on campus in the mornings, in uniform, greeting students along side Daily and Wilson.

At first, Schauf said, students were wary (quite a contrast to the warm welcome from elementary school students when Schauf goes to Jackson School), but over the course of the year, many students became cordial and talkative.

Greater police involvement on campus, Schauf said, helps create a better learning environment.

"I don't care what age you are, if you don't feel safe, you're not going to learn," Schauf said. "You're not going to learn because you're going to be more concerned about protecting yourself, and we want students to learn."

The motto at the school is "Take Care of BHS" and the program reinforces that motto, Wilson said.

"It helps us deliver that message and building that culture of 'Take Care of BHS', that fighting is something we don't do in this building," he said.

Daily, a former BHS principal himself, said he has seen the new policy have a real positive impact on school culture.

"By using this, it's really helped our school community heal something that was very disruptive," Daily said. "We're hoping going forward, that message continues, and that message gets out and we're going to eliminate this kind of behavior from school. Kids are going to make mistakes and we're going to be there to help them learn, but we just took another resource and used it to help us get a better result."

Photo: Board Member Pat Burk, Wilson and Daily.

Kyle Brian Sovocool, 22, of Myrtle Street, Le Roy, is charged with trespass. Sovocool allegedly drove a vehicle on property owned by Rochester Southern Railroad in the area of Circular Hill Road in the Town of Le Roy. Also charged with Brandon John Richard Vangrol, 19, of Quinlin Road, Le Roy, and Ronald Baltasar Gonzalez, 29, of Spencer Court, Batavia.

Jennifer P. Hepp, 31, of Clinton Street, Cowlesville, is charged with felony DWI/drugs, DWI under Leandra's Law, aggravated unauthorized operation, 1st, endangering the welfare of a child, driving without an interlock device. Hepp was stopped at 2:32 p.m. July 15 after a report of an erratic driver on West Main Street, Batavia. Two children were allegedly in the car at the time of the stop by Officer Felicia DeGroot.

Dakota J. Kamysek, 22, no permanent address, is charged with petit larceny. Kamysek allegedly stole two mobile phone chargers from Hess Express. Kamysek was jailed on $1,500 bail or $3,000 bond.

Brandon Weig, 26, of Livingston Street, Warsaw, is charged with criminal contempt, 2nd. Weig turned himself in on a warrant and was jailed on $1,000 bail.

James P. Coles, 35, of Alexander, is charged with grand larceny, 3rd, and offering a false instrument for filing. Coles was arrested by State Police. No further details released.

Zachary T. Ford, 18, of East Main Street, Le Roy, is charged with criminal mischief, 3rd, obstructing governmental administration and unlawful possession of marijuana. Ford was arrested by Le Roy PD after a report of an intoxicated male attempting to unlawfully enter a residence on East Main Street early in the morning. When officers attempted to take the suspect into custody, Ford allegedly kicked and tried to spit on the officers. Ford allegedly caused damage in excess of $250 value to a patrol vehicle. Ford was jailed on $2,000 bail or $5,000 bond.

Two alleged drug dealers who are suspected of selling heroin and crack cocaine in the City of Batavia have been arrested by the Local Drug Task Force.

Jacob W. Patterson, 18, of Killian Road, Pembroke, and David C. Truesdale Jr. (aka "True"), 24, of Sylvester Street, Rochester, were arrested as the result of separate investigations.

Both Patterson and Truesdale are charged with criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Patterson allegedly sold quantities of heroin to an undercover agent while in Batavia and Truesdale is accused of selling crack cocaine to an agent.

Patterson was arrested on a warrant July 16 at his residence. He was jailed on $10,000 bail.

Truesdale was already in custody on unrelated charges. He was arraigned on the new charges and ordered held without bail.

A Batavia police officer did what he could to try and avoid shooting an aggressive dog early Saturday morning, Chief Shawn Heubusch said this afternoon.

The pit bull was shot and killed after becoming aggressive toward Officer Peter Flanagan.

Flanagan had responded at 1:37 a.m., Saturday, to a report of a barking dog at 370 W. Main St., Apt. 2, Batavia.

"He couldn't retreat any faster than it was gaining, so he had no other choice," Heubusch said. "He had to dispatch the dog."

The incident started with Flanagan arriving on scene to investigate the complaint and he found a pit bull leashed to the front porch.

"The dog was acting very aggressive towards him, not letting him go near the door, barking and snarling at him," Heubusch said. "He was finally able to get the owner of the dog to come out and she put the dog inside."

For the purpose of the report, Flanagan asked the owner for ID. She thought it was in her car. While she looked through her car, Flanagan allegedly observed a pipe containing marijuana in the car.

"It was in plain view," Heubusch said. "He was, 'OK, now I need your identification because we're going to address this issue.' "

When the woman tried to enter her house to look for her ID, the dog escaped, and off leash, was aggressive toward Flanagan.

Heubusch said the dog pursued Flanagan around the car. The officer tried using his flashlight to distract that dog, but that proved ineffective.

"A dog is not like a person," Heubusch said. "It's not just coming to get you. It's coming to do a job. We discussed the possible use of a Taser or pepper spray, but those have proven not to be effective. You can't guarantee your safety, basically. If you Taser a dog and it doesn't plant, it doesn't have an effect and you now have an angry, disoriented dog running free in the neighborhood."

Heubusch, who responded immediately to investigate the weapon discharge, characterized the response of the dog's owner, 29-year-old Ann Marie Capuano, as understanding.

"She was in fear the officer was going to get bit," Heubusch said. "She hadn't had this dog very long and wasn't familiar with the dog. She did indicate the dog has shown some aggressive behavior in the past."

Flanagan was not injured in the incident, Heubusch said.

This is the second incident reported in the city this summer involving an allegedly aggressive dog. A month ago, a Rottweiler on Otis Street, allegedly bit a child.

Asked if he had advice for owners of dogs that might become aggressive, Heubusch said, "If you have a dog that you know is aggressive, you need to get some help for that dog. There are plenty of places out there where you can get some training. The ultimate advice is, if you can't control the dog, you need to give the dog up."

A new band, a bigger beer tent and all the fun you've come to expect are on tap at the Town of Batavia Fire Hall, 8382 Lewiston Road, this Saturday.

It's time again for the annual Harley Raffle.

It's the 15th annual raffle.

Audibull will rock the expanded beer tent this year.

Festivities start at 6 p.m.

Admission is free.

Pictured, John Mullen, Mike Jones, Ben Fisher, Tim McJury and Stephen Kowalcyk.

Tyshon L. Taylor, 17, of Central Avenue, Batavia, is charged with criminal possession of a weapon with intent to use, menacing, 2nd, petit larceny and robbery, 3rd. Taylor was arrested following an investigation into an unrelated incident. Taylor allegedly possessed a large knife and threatened another person with physical harm. In an unrelated investigation, Taylor is accused of using force to steal a mobile phone and headphones from another person. Taylor was jailed on no bail.

Edward Ryan Loper, 26, of State Street, is charged with strangulation, 2nd, and robbery, 3rd. Loper was arrested on a warrant for an alleged incident May 23 at a location on West Main Road, Batavia. At the time of his arrest, Loper was allegedly found in possession of a needle and a controlled substance. He was charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic instrument. Loper was jailed on $5,000 bail.

Terrence Devon West, 36, of Lorimer Street, Rochester, is charged with felony DWI, felony driving with a BAC of .08 or greater and aggravated unlicensed operation. West was stopped at 1:40 a.m. Thursday on Townline Road, Bergen, by Deputy Joseph Corona. West allegedly has three prior DWI convictions in the previous 10 years.

Veronica Eckerson, 57, of Akron, is charged with petit larceny. Eckerson is accused of stealing $400 from the safe of her employer, a business in Alabama, after quitting her job.

Richard Fredrick Boswell, 33, of Sumner Road, Darien, is charged with petit larceny. Boswell is accused of stealing merchandise from Walmart valued at $874.84.

Peter Charles Himan, 29, of Berkley Street, Williamsville, is charged with driving while ability impaired and possession/consumption of alcohol in a motor vehicle. Himan was located in a stopped vehicle on Route 63, Oakfield, at 12:34 a.m. Sunday by Deputy Patrick Reeves.

Justin Thomas Hemmer, 34, of South Main Street, Elba, is charged with criminal contempt, 1st. Hemmer is accused of violating a court order protecting another person by shoving that person during an argument.

Andrew Loren Mark Falker, 20, of Indian Falls Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater and improper turn (no signal). Falker was stopped at 2:53 a.m. Saturday on Main Road, Pembroke, by Deputy Jason Saile.

Ann Marie Capuano, 29, of West Main Street, Batavia, is charged with unlawful possession of marijuana. Capuano was charged after Officer Peter Flanagan allegedly observed a glass pipe with partially smoked marijuana in her car.

Grant W. Whitney, 34, of Route 20A, Perry, is charged with unregistered motor vehicle. Whitney was arrested on a warrant out of City Court. He posted bail and was released.

Stephen J. Holdaway, 62, of Corfu, is charged with felony DWI and felony driving with a BAC of .08 or greater. Holdaway was stopped by State Police at 1:01 p.m. May 19 in the Town of Batavia.

Press release:

The Batavia Police Department is asking for assistance from the public with the reported robbery of a pedestrian that occurred on Saturday, July 19, at about 11 p.m. at or near the corner of Tracy and Washington avenues. No weapon was displayed.

Anyone with information can contact Det. Eric Hill at (585) 345-6373 or use the confidential tip line at (585) 345-6370. Citizens can also send information using the City’s Web site. 

Work has finally begun on the new McDonald's location in Eastown Plaza, Batavia.

First order of business, removing the paving on the parking lot of the site pad.

Crews were on South Jackson Street all day today laying down new asphalt over the recently milled road bedding.

It's one of a handful of streets in the city getting repaved this week.

The lighted path leading to the door of the YWCA was intended to be a symbol of hope for the victims of domestic violence and a remembrance for a former Batavia woman who died recently.

The lights were installed just a week ago.

This weekend, they were all destroyed.

"I personally think it was a malicious, intentional act," said Jeanne Walton, the YWCA executive director. "I think somebody did it to be mean and nasty and to make a statement."

Ever single Malibu light was broken. None remain usable.

"It was a symbolic remembrance of recent murder victim Nicole Sheehan, who had been killed during a domestic dispute," Walton said. "We put in the Walkway of Hope up in her honor."

If anybody has information that may assist in the criminal investigation, Walton asked that they call Batavia PD at (585) 345-6350.

An officer is responding to Walmart after a complaint of a dog locked inside a vehicle. It's a four-door gray Chevy Impala parked in the last aisle of the food entrance near a fire hydrant.

UPDATE 2:15 p.m.: The officer is on location with the vehicle and the complainant.

UPDATE 2:31 p.m.: The dog is reportedly showing signs of distress. A Walmart employee is paging the registered owner of the vehicle.

UPDATE 2:40 p.m.: Apparently the owner responded. The officer is back in service.

Doug Gaus assistant leader for Troop 6006 introduced the Eagle Ceremony honoring Nicholas Johnson along with his parents today at the First United Methodist Church. Little did Doug know he would be receiving the Mentor Pin, earned for his help and encourgment to Nick along his trail to Eagle. This marks the troops second Eagle for 2014 and in less than 30 days from when Dennis Alton received his award.  Many prayers were made from Rev. Pamela S. Klotzbach, who led the worship mass along with friends and family who gave their best wishes to Nick before the ceremony started. (Pictured below, Nicholas Johnson)

After Nick recited the Scout Oath, he recognized his dad Tim, pictured below, and fellow scout Tyler, who was there for him as a good friend on his journey through scouting.

He spoke highly of both of them being important roles that kept him motivated and willing to succeed.

A reception followed the ceremony where more than 30 people attended to celebrate the occasion. Many scouts and leaders from the Troop attended also. Pictured below is Scoutmaster Ron Bernard, Assistant Leader Doug Gaus (who received the Mentor Pin), Nicholas, mom Lisa and dad Tim Johnson.

Press release:

The Batavia City Council is seeking City residents who are interested in volunteering as a member of the following Committee/Board:

- Cable TV Advisory Board 

Residents interested in applying can obtain an application from the City Clerk’s Office or can visit our Web site at www.batavianewyork.com and download a Committee/Board Volunteer Application under Documents.  

Applications are due to the City Clerk’s Office by Friday, Aug. 8.

A little rain did nothing to deter fairgoers from enjoying the final day of the Genesee County Fair. As of Saturday morning, approximately 14,000 visitors attended the 175th County Fair in Batavia.

“Overall includes lifetime members, volunteers and 4-H’ers and the 9,500 that paid at the gate and thus far 14,000 people have visited the 175th Genesee County Fair,” said  

Norm Pimm, treasurer for the Agricultural Society.

According to Nick O’Geen of the Agricultural Society, the cooler, nicer weather this year played a part in drawing a crowd. Additionally, the number of vendors and local people that have had displays is greater this year, according to Agricultural Society Secretary Rose Topolski.

“Several local businesses have set up (displays/food stands), so there is a familiarity to them; people recognize local shops,” Topolski said.

Entertainment options have been ramped up to draw families as well as adults. 

“We’ve kept the family entertainment tent but we also added a beer tent with entertainment for the older crowd,” said Agricultural Society Member Alton MacDuffie.

Other additions to the fair included adding the Princess Contest and new sponsors for the Tractor Pull.

“A lot of new 4-H members put forth ideas and carried through on them,” Topolski said. “The young blood brought forth more to the fair -- more grandeur.”

“For a week people become like your family because you see and wave to them every day.” O'Geen said.

A fond farewell to this year’s Genesee County Fair -- the 175th Anniversary celebrations came to a close Saturday night.

“We’d like to thank all the 4-h'ers, volunteers, sponsors, and fair supporters for making the 175th Genesee County Fair a success,” O’Geen said. 

A motorcycle accident with two people injured is reported at 8971 Creek Road. Two Mercy rigs and Town of Batavia fire are responding. The victims are conscious and alert but bleeding. The location is between Lehigh and Dorman roads.

UPDATE 2:44 p.m.: A rescue engine from East Pembroke is on scene. A patient who was pinned down as a result of the accident is free now. The bike is down an enbankment.

UPDATE 2:52 p.m.: Mercy Flight, which was on standby, is cancelled. One person is being transferred to UMMC.

UPDATE 2:57 p.m.: East Pembroke's rescue engine is back in service.

UPDATE 3:06 p.m.: Both patients are going to Strong.

UPDATE 3:08 p.m.: Town of Batavia assignment is back in service.

More than 20 volunteers hauled out 180 pounds of garbage from the Tonawanda Creek this morning under the supervision of Boy Scout Alex Hansen.

The cleanup was the culmination of Alex's Eagle Scout project, which he said took a year to plan and execute.

It required the cooperation of Genesee ARC (who hauled away the garbage for free) and Sloat Tire to pick up the tires that were collected, and Alex had to coordinate the volunteers through the Tonawanda Watershed Committee and Troop 6069.

"The creek over the years has become really polluted with trash," Alex said. "People just throw tires and water heaters and even air conditioners right over the bridges in town. All this stuff gets washed to places, such as Kiwanis Park, and so we have people people cleaning because there's trash everywhere."

The 16-year-old scout said volunteers dispersed to Kiwanis Park, Kibbe Park, behind the courthouse and behind Valu Plaza.

"We think this will make a positive difference for the community because people want to enjoy the creek again," Alex said. "We want to make it a better place for people and wildlife."

A person is stuck in the elevator, but not injured, at 400 Towers, 400 E. Main St. in Batavia. City firefighters are responding.

Food, fun and bumper cars for adults. Wait, that's not right. Friday night proved to be an excellent day for the Genesee County Fair's annual Demolition Derby. The grandstands were packed and fans got a thrill of cars smashing and mud flinging.

Other events included a Goat Costume contest, 4-H Horse Show, magician Magical John, GPS and Solar Fun Fest and many more exhibits and attractions.

The final day of the fair is today with exhibits and grounds open until midnight.