batavia

A car has reportedly hit a tree and there are unknown injuries at 3992 South Main Street Road, near Fairway Drive, Batavia.

Town of Batavia Fire and Alexander Fire's ambulance dispatched.

UPDATE 6:11 a.m.: Law enforcement on scene reports no injuries. Alexander's ambulance is cancelled. Town of Batavia can hold all equipment in hall.

To help keep traffic moving on a cold, windy, icy day, a little while ago, Sgt. Dan Coffey and another police officer pushed a disabled vehicle out of the intersection of Oak and Main, Batavia.

Reader submitted photo.

Outside the GCC gym last night, the weather was pretty sloppy, but not as sloppy as the basketball game going on inside.

In the second game of the annual Rotary tournament, matching Notre Dame and Alexander, there were turnovers and missed shots and refs who were seemingly calling an inordinate number of traveling penalties and questionable jump balls. 

The final score was 37-22.

"It's was a sloppy game," said Dave Pero, Fighting Irish head coach. "What more can I tell you. It was just a sloppy game."

Pero knows he'll need a better performance out of his girls Thrusday night when they take on the Lady Blue Devils in the tournament championship.

Batavia beat Midlakes 55-32 in the tournament opener.

Notre Dame has taken the previous two Rotary Tournament finals against Batavia, and both coaches said they're ready to lock horns again.

"They'll throw out all the stops and we'll be ready and they'll be ready and it should be fun," Pero said. "I like our chances, but we can't play like we did tonight. But Thursday's another night."

Give the Lady Trojans credit, they pushed hard on defense and even with a team of girls with perhaps an average height of maybe about 5' 4", they managed to pull down quite a few rebounds against a team with three starters over six foot.  In the first half, nearly every trip down the court resulted in numerous second and third chance tries at baskets.  

Unfortunately for Alexander, nothing fell.

"It'ss been like that all year," said Alexander's head coach, Marcia Hirsch. "Our defense has been so good, but we just haven't been able to score."

The loss puts the Lady Trojans, who've managed as many as 50 points just twice this season, at 4-4.

Alexander applied pressure to Notre Dame at half court with some success, but on those rare possessions that resulted in a basket for the Trojans, they used a full court press and Notre Dame seemed out of rhythm all night.

That's pretty much the kind of defense the Irish will see when they meet Batavia in the championship game.

Head Coach Marty Hein said the Blue Devils will use pressure and the team's deep bench to compensate for Notre Dame's height advantage.

“We talked about trying to make that our identity,” Hein said. “We’re not a big team but we’ve got depth this year, so we run, run, run and press. We’re doing it for 32 minutes if we have to do it for 32 minutes.”

Both Alexander and Notre Dame suffered key injuries that disrupted their offenses.  Brett Stephens suffered an ankle injury crumpled to the court in the second quarter. A possession or two later, Emily McCracken fell down in the same exact spot.  Both are being evaluated and are considered day-to-day.

For Batavia, Essence Williams notched a double-double with a game-high 15 points and 11 rebounds, Tiara Filbert added 14 points, eight rebounds, six assists and five steals. Sam Cecere, recently returned from an injury, scored nine points and added seven rebounds.

Shea Norton and Rebecca Krenzer led the Notre Dame attack, both with double-doubles. Norton had 14 points and 17 rebounds along with four blocks and four assists. Krenzer scored 12 points and grabbed 13 rebounds.

For Alexander, Sydney Breton had seven points and five rebounds. Jayna Wright scored four points and had five rebounds, while Karli Phillips grabbed five rebounds.

Both Pero and Hein expect a tough, competitive game Thursday night in the final at GCC.

"It should be fun," Pero said.

To purchase prints, click here.

Yekaterina Reznichenko, 28, of Tracy Street, Rochester, is charged with robbery 3rd and two counts of grand larceny 4th. Reznichenko is suspected of robbing the Five Star Bank in Batavia in February. Reznichenko was located by Rochester PD and turned over to Batavia PD. She is being held by the Genesee County Jail.

Lakeisha A. Gibson, 28, of East Avenue, Lockport, was arrested on a bench warrant for alleged failure to appear on a disorderly conduct charge. Gibson was located by the Niagara County Sheriff's Office and turned over to Batavia PD.  Gibson posted $130 police bail and was released.

Adam D. Smart, 32, of Dellinger Avenue, Batavia, is charged with harassment 2nd, endangering the welfare of a child and criminal obstruction of breathing. The charges stem from an alleged domestic incident reported at 1:30 p.m., Saturday. He was jailed on $10,000 bail.

It was 14 degrees and lake effect snow was falling, but Thomas Gilbert, who was riding home on Jackson Street, still said, "this is great weather for a bike ride."

There is a lake effect snow advisory in effect until 4 a.m. and a wind chill advisory in effect until 10 a.m.

Forecasters are calling for four to eight inches of snow with winds from the west at 15 to 25 mph.

A 4-wheeler is reportedly on fire inside the garage at 204 Naramore Drive. City firefighters are responding.

UPDATE 3:37 p.m.: A resident sprayed water on the blaze and firefighters doused it fully with an extinguisher. It's out and the city crew is returning to service. There was no extention into the house.

Darwin Zuniga-Rocha, Eliseo Mateo-Perez and Uriel Ramirez-Perez are accused of first-degree rape, a Class B felony. It is alleged that on Nov. 16, 2014, in the Town of Elba, they engaged in sexual intercourse with another person by forcible compulsion.

Nathan L. Royse is accused of first-degree burglary, a Class B violent felony. It is alleged that on July 9, 2014, he knowlingly entered or unlawfully remained in a dwelling on Wood Street in the City of Batavia with intent to committ a crime. In the course of the alleged crime, he or another participant is accused of causing physical injury to a person who was not a participant. In count two, Royse is accused of second-degree assault, a Class D violent felony, for allegedly causing physical injury to a person not participating in the commission of a felony or attempted felony.

The four men named in these Grand Jury indictments are to be arraigned in Genesee County Court on Thursday.

Press release:

City Bureau of Maintenance crews have started picking up Christmas trees. We will continue to pick up trees through Jan. 30. City residents are asked to place their trees in the parkway without bags, stands, or decorations as these can damage equipment. Please keep trees free of snow and ice so they are visible.

Dashawn Butler

An appeal denied this morning will keep Dashawn Butler locked up, at least pending further appeals.

A jury found Butler guilty Nov. 21 of guilty of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.

Judge Robert C. Noonan sentenced Butler to eight years in prison Dec. 22.

Attorney Thomas Burns filed a motion for a stay of his client's sentence pending and the appeal was heard in a telephone conference call this morning with Justice Eugene Fahey, NYS Appellate Division, Fourth Department. 

District Attorney Lawrence Friedman and Burns argued their positions with Fahey, and Fahey issued his ruling at the hearing's completion.

Butler was transferred from the Genesee County Jail to the Department of Corrections on Friday, and Fahey ruled Butler will stay in the prison system while his other appeals move forward.

A new attorney will be appointed to Butler for the appeal process.

Ricky N. Porter Jr., 24, of Gilbert Street, Le Roy, and a 16-year-old male from Brighton (name not released by Le Roy PD), were charged with assault, 3rd. Porter and the teen allegedly punched another person numerous times, causing facial fractures, swelling and lacerations. The victim required hospital treatment. The teen was also charged with criminal mischief, 3rd. It's alleged that after turning himself in at Le Roy PD headquarters, he punched a window, damaging the window and hurting himself. After being treated for the injury, he was arraigned on both charges and jailed on an unspecified amount of bail.

Renee L. Coughlin, no age provided, of Bergen, is charged with DWI and criminal possession of a weapon, 4th. Coughlin was stopped by State Police in Olean. During the investigation, troopers allegedly found she was carrying a stun gun.

Joseph B. Hogan, 75, of Corning, is charged with federal criminal tax fraud, 4th, and possession of unstamped cigarettes. Hogan was stopped on Route 77 in the Village of Corfu by Officer Michael Petritz for allegedly driving 47 in a 35 mph zone.

William James Bick, 25, of Dorman Road, Batavia, is charged with DWI, driving with a BAC of .08 or greater and driving left of pavement markings. Bick was stopped at 2:33 a.m. Dec. 27 on Oak Orchard Road by Sgt. Thomas Sanfratello.

Laticia S. Anderson, 29, of Wilson Street, Rochester, is charged with harassment, 2nd, and menacing, 2nd. Anderson was allegedly involved in a fight at 16 Bank St., Batavia, at 10 p.m. Sunday. She was jailed on $1,000 bail.

Katie Rose Wishman, 29, of Ross Street, Batavia, is charged with petit larceny, possession of a hypodermic instrument and criminal possession of a controlled substance. Wishman is accused of shoplifting from Dollar General. She was allegedly found in possession of a hypodermic needle and a small amount of crack cocaine upon her arrest.

Cody David Cutitta, 28, of Broadway Road, Alexander, is charged with criminal possession of stolen property, 4th, petit larceny, identity theft, 3rd, and forgery, 3rd. Cutitta allegedly used a credit card without authorization to obtain goods and services at two locations in the City of Batavia and one in the Town of Batavia.

Crystal L. Marsceill, 34, of Oak Street, Batavia, was arrested on warrants for alleged failure to appear on an aggravated unlicensed operation charge and on a grand larceny charge. She was jailed on $5,000 bail.

UPDATE: Marsceill was also arrested in Wyoming County. Marsceill was reportedly a passenger in a vehicle stopped at 2:58 a.m. Saturday on Route 19, Warsaw. A deputy asked for her name and birthdate to perform a warrant check and was told she would be arrested if she lied about the information. Marsceill allegedly gave an incorrect first name. The deputy found a felony warrant for her arrest out of the City of Batavia. She was charged with false personation and turned over to Batavia PD.

Erica M. Raphael, 30, of Oak Orchard Road, is charged with petit larceny. Raphael allegedly stole merchandise from Dollar General.

Casey J. Halsey, 34, of Silver Lake, is charged with aggravated harassment. Halsey was arrested in the Town of Batavia by State Police for an alleged incident reported at 10:30 a.m. New Year's Day. Halsey was held on an unspecified bail. No further details released.

Andrea L. Osborne, 30, of Albion, is charged with DWI and driving with a BAC of .08 or greater. Osborne was stopped at 10:20 p.m. on New Year's Day in the Town of Batavia by State Police.

The New Year's Eve party at City Centre to celebrate Batavia's centennial has given rise to a new point of contention between the city and the Mall Merchants Association.

While there is a long simmering dispute over who is responsible for a troubled roof and other repairs to the structure, and with a city-filed lawsuit pending over alleged unpaid rents, Mall Director Madeline Bialkwoski says you can now add "trespass" the the association's list of complaints.

Prior to Wednesday's event, Bialkowski sent a letter to City Manager Jason Molino that said as far as the association was concerned, using a portion of the mall concourse for a dance floor and photo studio was never authorized by the association.

"Therefore, we are once again letting you know that you do not have permission to use our insured and leased concoure space for your New Year's Eve Celebration and respectfully request that the City gate remains closed and locked," Bialkowski wrote to Molino.

Reached at his office this afternoon, Molino said, "We own the mall."

Asked if that isn't a bit like a landlord saying "I'm going to use your house for a party," Molino said there's a difference between a residential property and a commercial property. The city owns the space and therefore doesn't need the permission of the merchants to use it.

Bialkowkski said the association's big concern is over its insurance. She said the association's policy, like most mall policies the past few years, forbids the consumption of alcohol in the concourse.

"It voids our insurance," she said. She's concerned, she said, that now that the party has taken place, what the ramifications might be for the association's policy.

Molino said the city had insurance to cover the event.

"We had everything we needed in place," Molino said.

The event included a cash bar in the second floor community room and partygoers were free to carry drinks, if they wished, into the portion of the concourse being used for the party.

Bialkowski thinks the conflict could have been resolved if the organizers had been willing to put up signs and station one or two people in the stairway to ensure drinks were not carried down stairs.

"There justification is that they had insurance," Bialkowski said. "A million dollar policy with an additional insured is nothing in today's atmosphere."

Bialkowski said she first alerted Vibrant Batavia to the potential problem as far back as August and raised concerns then.

Leanna Di Risio, of Vibrant Batavia and a member of the Centennial Committee, wrote a letter to Bialkowski on Nov. 7 outlining celebration plans and requesting the mall association's support of the celebration.

The association's operating committee voted Dec. 4 to deny the committee permission for use of the space. (Dec. 4 is a late date for such a decision, Bialkowski admits, but said the committee couldn't meet in November because of travel and vacations of members).

The city has filed a suit against the merchants claiming the association owes more than $800,000 in back rent for the concourse.

As for the claim of trespass, Molino said, "The mall merchants are just being obstructionists."

Bialkowski said she realizes she could have called the police on the trespass complaint, but felt that would just be unfair to any officer who responded, putting the officer in awkward position.

"No one here wanted to ruin the event," Bialkowski said.

Press release:

United Memorial Medical Center is pleased to welcome the Genesee County New Year’s Baby for 2015. Kynlee Lynne Holland, a baby girl, was born to Jonathon and Danielle Holland of Pavilion, NY on Thursday, January 1st at 1:25 a.m. at United Memorial Medical Center in Batavia. She was delivered by certified midwife, Kim Danser, CNM. Baby Kynlee weighed 7 pounds, 6 ounces and was 19-inches long. She is the second daughter for the new parents. She has a sister, Makenna, age 6, waiting anxiously for her at home.

Both parents work in shipping and receiving. Mrs. Holland is employed at Walmart in Batavia, NY and Mr. Holland works for Quaker Muller Dairy in Batavia, NY.

As the New Year’s baby, Kynlee and her parents received a $200 gift card to Target, an engraved feeding spoon, books and a touchless thermometer from United Memorial Medical Center.

In 2014, there were 646 babies delivered at United Memorial.

Brandon P. Matteson, 18, of Dutton Road, Silver Springs, is charged with burglary, 3rd. Matteson is accused of stealing from a locked concessions stand in an Oakfield Park.

Gary D. Piazza, 59, of Jackson Street, Batavia, is charged with petit larceny. Piazza is accused of shoplifting from the gas station at 99 Jackson St., Batavia.

Michael B. Neth, 37, of Summit Street, Batavia, is charged with harassment, 2nd. Neth allegedly pushed another person to the ground. The alleged incident was reported at 11:15 p.m., Saturday. 

Steven R. Columbo, 28, of East Main Street, Batavia, is charged with assault, 3rd. Columbo allegedly grabbed the arm of another person hard enough to cause dark bruising and substantial pain. The alleged incident was reported at 9:51 p.m., Wednesday.

A 16-year-old resident of Dellinger Avenue was charged with trespass. The youth was allegedly on property on Liberty Street without permission. Also charged with trespass at the same location was Destiny N. Green, 18, of Walnut Street, Batavia.

David Mobley Schmieder, 20, of Silver Road, Bethany, is charged with DWI, driving with a BAC of .08 or greater and moving from the lane unsafely. Schmieder was stopped at 2:37 a.m. Thursday on Erie Street, Darien, by Deputy Andrew Hale.

A vehicle that was apparently doing donuts in the parking lot has struck the Marshall's building on Veterans Memorial Drive and is attempting to leave.

The vehicle was last seen, possibly, attempting to leave the Clarion Hotel parking lot on Park Road.

It's described as a small, white SUV.

UPDATE 10:21 p.m.: A suspect vehicle has been stopped.

UPDATE 10:23 p.m.: A deputy reports a very small amount of damage to a pillar in front of the store, with skid marks leading up to it.

UPDATE 10:24 p.m.: Registration comes back to a residence in Holley.

UPDATE 10:25 p.m.: State Police confirms it believes it has the driver.

UPDATE 10:27 p.m.: A trooper is asking the deputy on scene to look for a license plate that may be missing off the vehicle. A female is in custody.

An accident with a minor injury is reported at Clinton Street and East Avenue, Batavia.

A person has a cut.

City fire and Mercy EMS dispatched.

Cold, wind, snow, seems to have kept a lot of people away from the City of Batavia Centennial Celebration on Wednesday night, but those who braved the elements, there seemed to be plenty of fun to go around.

There was a bonfire and entertainment in what organizers dubbed Centennial Plaza in the parking lot of St. Mary's off Evans Street, and a swank party for those who bought tickets inside City  Hall.

To purchase prints, click here.

Kind of like old vaudvillians, fireworks operators say "the show must go on."

Yes, it's cold, it's snowing, and we may get a bit of wind, but there will be a fireworks display in the City of Batavia tonight at 10 p.m. (Batavia Downs is also planning a display at midnight).

There will be three and four inch canisters used in the downtown display, and those lager ones could get obscured by the clouds, but otherwise, we should expect a good 18 minute show, a technician told me.

A three-vehicle accident, unknown inuries, is reported at the corner of West Main Street Road and Wortendyke Road. Mercy medics and East Pembroke Fire Department are responding.

UPDATE 3:08 p.m.: A responder reports heavy traffic there and says the accident is blocking the roadway.

UPDATE 3:11 p.m.: Fire Police are called to handle traffic.

UPDATE 3:43 p.m.: The East Pembroke assignment is back in service.