batavia

Anthony P. Dibble is indicted on counts of reckless assault of a child and assault in the second degree. Dibble is accused of causing a serious physical injury to the brain of a child less than 5 years old by shaking the child or slamming or throwing the child so as to impact the child's head on a hard surface or object. He is accused of intending to cause physical injury to a person under 7 years of age and caused such an injury by biting the person. The alleged crimes were reported Aug. 11 in the Town of Bethany.

Carrie A. Stewart is indicted on counts of burglary in the third degree, petit larceny and criminal contempt in the second degree. Stewart is accused of entering Walmart on Sept. 14 with the intent of committing a crime inside the building. Once inside Walmart, Stewart allegedly stole party supplies, books, dolls, toys, an Easy Bake Oven and a karaoke machine. She allegedly violated a court order that required her to stay away from a person at Walmart.

Robert J. Propst is indicted on counts of robbery in the first degree, two counts of grand larceny in the fourth degree and criminal possession of a weapon in the third degree. On Aug. 6, Propst allegedly use force to steal property from a victim on Pearl Street, Batavia, while wielding a knife. He's accused of stealing property from the person, including a Visa credit card.

Batavia's Dominick Mogavero and Le Roy's Mike McMullen have both been named to the All-Greater Rochester Football Team for 2014.

McMullen was listed on the team as a quarterback and utility player. Mogavero, who played running back and linebacker for the Blue Devils, was named as a linebacker.

Greg Mruczek and Anthony Gallo, from Batavia, were named to the second team.

Honorable mentions went to:

On a dreary Tuesday afternoon, a reporter and an off-duty deputy, both a little jaded and cynical after years on the job, run into each other in the Target parking lot and pause to visit.

The conversation soon turns to an old, gray school bus with a spray-painted sign hanging from one side. "Tire Needed," it reads.

"Scam," one tells the other.

"Certainly," the other replies.

"You see it all the time," one says. "They'll go from town-to-town with their story and try and take advantage of people."

"They're after all of those Christmas shoppers," says the other.

On Christmas even morn, Tig and Jesus have moved their bus to the Walmart parking lot and begin to worry they won't be leaving. 

Over the previous 24 hours, three people had stopped and said they had bus tires to spare. None returned.

One person stopped and gave them $10, which would prompt Tig to later remark, "If we're running a scam, we're not very good at it."

Jesus told Tig, "We're stuck."

Tig said, "no, it's Christmas Eve. We'll have a Christmas Eve miracle."

The deputy, working an afternoon shift on the day before Christmas, happened by the Walmart parking lot and saw the bus, with its sign and decided to stop and roust the occupants.

"What's the scam?" he asks.

"No scam," Tig tells him. He shows him the tire. They chat and the deputy peppers the men with questions.

"Wait here," he tells them, and he returns to his patrol vehicle and gets on his phone.

In a bit, he comes back and tells them help is on the way. He called a local repair shop, Parmenter Tire, and it turned out Parmenter had an extra, used bus tire and a staff member available to make the change.

Jim McDonald from Parmenter showed up an hour later and made the swap.

The tire is worth at least $300. The off-hour service call would typically be at least $300. Tig and Jesus (pronounced (hay-zeus) were asked to pay nothing.

"See," said Tig, "I told you there would be a miracle."

Jeffrey L. Deats, the Batavia resident charged with the death of 6-month-old Chandler Zuchs, is showing no brain activity, according to a letter from District Attorney Lawrence Friedman asking that Deats be released from custody on his own recognizance.

The letter was filed with City Court this morning.

Friedman states that Bill Zipfel, superintendent of the Genesee County Jail, informed him that a doctor at ECMC contacted the jail following a CAT scan on Deats and found there is no brain activity in the patient.

Deats is not expected to survive.

"Zipfel also told me that guarding the defendant 24/7 is creating a terrible burden on his staff and he requested that they be relieved of their duty and the defendant be released on his own recognizance," Friedman wrote.

A felony hearing scheduled for this morning in City Court was cancelled.

Deats was arrested Wednesday following an investigation into the death the previous weekend of Baby Chandler.

Over the weekend, Deats was found hanging in his cell by bedsheets. CPR was performed and he was taken to UMMC and later transfered to ECMC.

For previous coverage of the case, click here.

Batavia's dominance of the Lion's Club Tournament at GCC came to a shocking end Tuesday night as the Blue Devils dropped an opening-round match to University Prep 59-55.

Head Coach Buddy Brasky was pretty blunt after the game. "We didn't execute our principles," he said.

U-Prep showed up with a team more skilled and more disciplined than seen in the tournament last year.

The team from the all-boys charter school in Rochester will face Notre Dame in Monday's final after the Fighting Irish crushed Albion, 74-60.

The Blue Devils win streak in the tournament goes back at least 10 years and has traditionally been the team to beat since its first tournament win 1989. The tournament was founded in 1982.

Batavia jumped to a quick lead to open the game and stayed just a step of ahead of the Griffins throughout much of the first half, only slipping until the final minute before the intermission to a point off the lead, 26-25.

The defensive game plan of Batavia is to hold teams to 13 or fewer points per quarter, and in the third, the Blue Devils did that, but only managed 12 points themselves.

In the final eight minutes, however, U-Prep scored 20 and Batavia's 18 wasn't enough of an answer.

"We didn't execute our principles, really, on either side of the ball as the game went on," Brasky said. "It was pretty disappointing. We had some good practices leading up to the game, but we didn't execute our fundamental principles."

Jeff Redband drained four threes and led the Blue Devils in scoring with 24 points. Jerrett Laskett and Greg Mruczek, who hit a trio of treys, including two in the closing minutes, each had 11.

For U-Prep, Jeenathan Williams scored 19 and Isaiah Brinkley and Cameron Myles had 12 apiece.

If the problem for Batavia (now 2-2) was a problem of execution, the opposite was true for Notre Dame in the nightcap.

Head Coach Mike Rapone said after the game that he's finally starting to see his team gel.

"You could see it a little bit in the second half at Attica," Rapone said. "I could see we were headed in the right direction. The first game we were OK. Oakfield, we were not good at all. With Attica I thought they are finally starting to understand.

"People don't understand it's all about understanding not only your role, but when to be in a spot and knowing that Josh is going to be here or Casey is going to be here and you've got to get there. It takes a while to get that belief. Tonight, I thought we had it."

Josh Johnson led the Irish with 27 points, all but five of those points coming in the first half when Johnson was clearly the dominant presence on the floor.

"He was getting to right spots and we were getting him the ball," Rapone said. "That's the whole combination right there. People have got to get to the spots and then we've got to find them."

Tyler Prospero came off the bench early in the game and scored 15 points, including hitting three shots from beyond the arc.

"He gave us a lift," Rapone said. "He's a good perimeter shooter.

"That's one of our strengths," he added, "our depth, our ability to run people into the game who can help us."

Looking ahead to Monday's final, Rapone knows U-Prep will present a tough challenge.

"We can't play at that frenetic pace," Rapone said. "If we play like that, it's going to be over early.  We're going to have to control the tempo, get some good shots and we've got to rebound a heck of a lot better than we did tonight."

The consolation game between Batavia and Albion is at 6:30 with the championship game to follow.

To purchase prints, click here.

New Batavia Volleyball League starting up. Seeking Intermediate Co-ed teams for the winter session starting Thursday nights January 22nd thru March 26th. Team sign-up packets available at T-Shirts Etc. 111 Main St. Batavia. Get your team in!! Contact Beth or Brian Kemp for more info: 345-1993.

Andrea M. Gray, 36, of Maple Street, Batavia, is charged with harassment, 2nd, criminal mischief, 4th, criminal tampering, 3rd, coercion, 1st, and obstruction of governmental administration. During an incident first reported at 2:12 a.m. Saturday at a residence on Maple Street, Gray allegedly tore the shirt of a roommate during a fight. She then allegedly attempted to interfere with the arrest of a person accused of violating a court order by having contact with her. She allegedly attempted to coerce police officers to release the suspect by threatening to harm herself if he was not released. Gray was jailed without bail. Gray was also charged with petit larceny for allegedly taking the mobile phone of a roommate Friday and not returning it.

Russell R. Miles Jr., 46, of East Main Street, Batavia, is charged with criminal contempt, 1st. Miles was arrested following an investigation into a disturbance reported at 2:12 a.m. Saturday on Maple Street, Batavia. Miles has a previous criminal contempt conviction within the past five years. He was ordered held without bail.

Jeremiah J. Cieszynski, 27, of Warsaw, and Sally M. Sims, 24, of Warsaw, are charged with petit larceny. Cieszynski and Sims are accused of stealing clothing and sneakers valued at $125 from Kmart.

Bashard L. Joiner, 21, of Rochester, is charged with two counts of criminal trespass, 3rd. Joiner received a suspension letter from GCC on Oct. 9 and told he was not permitted on campus property. During November, Joiner was allegedly spotted several times at College Village by safety officers and video surveillance. On Dec. 10, Joiner was located in the cafeteria on campus and placed under arrest by State Police. He was jailed on $300 bail or $600 bond.

Jeannette Kathleen Moore, 44, of West Avenue, Batavia, is charged with grand larceny. Moore is accused of stealing from Kmart while employed at the store.

Katie R. Wishman, 29, of Osterhout Avenue, Batavia, is charged with assault, 2nd, criminal possession of a weapon, 3rd, endangering the welfare of a child, criminal possession of a hypodermic instrument and criminal possession of a controlled substance, 7th. Wishman allegedly hit another family member in the face with a mug causing an injury. This act was allegedly committed in the presence of a 3-year-old child. During the investigation, police allegedly found heroin and needles. Wishman was jailed on $10,000 bail.

Kelly A. Hasenauer, 50, of Webster Street, Batavia, is charged with falsifying business records. Hasenauer allegedly signed a fake name to a business record at UMMC's ER in an attempt to defraud.

Linda L. Snyder, 32, of Central Avenue, Batavia, is charged with harassment, 2nd. Snyder allegedly threatened to fight another person at 5 p.m. on Dec. 9 at the Richmond Memorial Library.

Debra Elizabeth Webster, 46, of Route 20A, Warsaw, is charged with DWI, driving with a BAC of .18 or higher, unlawful possession of marijuana, speeding and failure to signal. Webster was stopped at 12:23 a.m.  Friday on Noonan Drive, Batavia, by Deputy Joseph Corona.

William James Johnson, 41, of Alleghany Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, leaving the scene of a property damage accident, speeding and failure to keep right. Johnson was allegedly involved in an accident at 9:22 p.m. Saturday on Route 5, Pembroke, which was investigated by Deputy Joseph Corona.

Matthew Alan Hoye, 23, of Woodcrest Drive, Batavia, is charged with unlawful possession of marijuana. Hoye was arrested following a check of a roadside vehicle at 12:26 a.m., Saturday.

Peter James Curts, 25, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to stop at a stop sign. Curts was stopped at 11 p.m. Thursday on Parmalee Road, Le Roy, by Deputy Joseph Corona.

Brett W. Short, 28, of Le Roy, is charged with unlawful possession of marijuana. Short was charged by State Police following a traffic stop Friday morning in Batavia.

Arthur Robinson, 60, of Raleigh, NC, is charged with DWI in a commercial vehicle and driving with a BAC of .08 or greater. Robinson was stopped at 10 a.m. Sunday by State Police on Clinton Street Road, Stafford.

Philip Ayala

Following a search of a residence on Summit Street yesterday, a 29-year-old Batavia resident was arrested and accused of dealing drugs.

The residence at 136 Summit St., Batavia, was searched pursuant to a warrant related to an investigation by Albion PD into a series of thefts in that community.

Arrested by the Local Drug Enforcement Task Force was Philip R. Ayala. He was charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, and unlawful possession of marijuana.

Criminal possession, 3rd, is charged when prosecutors believe the suspect possessed narcotics with the intent to sell the drugs.

Authorities say they recovered a quantity of crack cocaine and marijuana.

The search also yielded several items that were allegedly stolen from the Albion area.

Ayala was jailed on no bail.

The investigation is continuing and additional charges are pending.

In a statement yesterday, Albion Police Chief Roland D. Nenni III said additional arrests were expected.

Batavia PD and the Emergency Response Team assisted in the search.

These two vehicles were involved in an overnight accident on Prospect Avenue, Batavia, according to the reader who provided the pictures. The white Honda Civic was parked and the red Mercedes struck the car head-on. The driver fled. At the time the photos were sent to us early this morning, the driver was still at large. We've been unable so far this morning to obtain additional information.

UPDATE: Police say officers have yet to make contact with the driver; however, police believe they know who the driver was and charges are pending.

Press release:

As part of a 4-H club community service project, the 4-H Rustic Riders horse club members chose to donate much needed items to the Genesee County Animal Shelter instead of exchanging gifts at their holiday club meeting on Tuesday December 16th at Cornell Cooperative Extension of Genesee County.  Community service is a key component of our 4-H Youth Development Program, and provides a great opportunity for young people to give back to Genesee County.

The Rustic Riders horse club along with the Mystic Riders horse club also participated in holiday bell ringing for the Salvation Army on Saturday, December 13th at Tractor Supply in Batavia.

Genesee County 4-H is a program of Cornell Cooperative Extension that is an employer and educator recognized for valuing AA/EEO, Protected Veterans, and Individuals with Disabilities and provides equal program and employment opportunities.  For more information about the 4-H Youth Development Program visit: http://genesee.cce.cornell.edu/4-h-youth-development.

Former local DJ Macy Paradise is returning home to perform at T.F. Brown's on Dec. 29 in a show intended to bring in donations to Genesee County's CASA (Court-Appointed Advocates Special Advocates) program.

"I'm a father first and the news of Chandler's death hit me extremely hard," Paradise said. "Unfortunately, I was a coworker of Jeff Deats at Tompkins Metal about 10 years ago so this story was extremely difficult for me as it was many others. I decided it was best to donate to CASA to hopefully prevent losing another innocent child to violence."

Paradise now lives in Fort Collins, Colo., and returns to Batavia twice a year to perform at either T.F. Brown's or City Slickers.

Showtime is 9 p.m., Friday.

Today staff from the Attica Correctional Facility made a $5,000 donation to the Men's and Women's Post Traumatic Stress Disorder Residential Program at the Batava VA Center.

Photo and info provided by the VA.

The new entrance and lobby for Batavia Downs is nearly complete and is open now.

There is some finish-up, "trim" work to complete, said Ryan Hasenauer, marketing director for Western OTB, but otherwise, it's good to go.

Via The Batavian's news partner, WBTA

The flu virus has been detected among patients in the Genesee County Nursing Home and some staff members are also beginning to show symptoms.

Due to the contagious nature of the flu, visitors will not be allowed at the facility until further notice.

The flu is very hazardous to the elderly and should not be taken lightly, officials said.

The nursing home is working with the New York State Department of Health to limit the spread of the virus. Families should contact their Social Workers with any questions.

Dashawn Butler

After denying a defense motion for a new trial, Judge Robert C. Noonan today sentenced Dashawn Butler to eight years in prison.

Accused of firing a handgun at another person Sept. 27, 2013, on State Street, Butler was convicted Nov. 22 following a jury trial of criminal use of a firearm, 2nd, criminal possession of a weapon, 2nd, and attempted assault, 1st.

On a motion by Defense Attorney Thomas Burns, Noonan reduced the second count to criminal possession of a weapon, 4th.

Burns argued during the trial and in written motions that the charges should be dismissed and the verdict overturned based on his contention that the prosecution failed to produce significant evidence of a weapon being used.

There was no physical evidence in the case, Burns said. 

"In this case there simply is no physical or forensic evidence that the firearm my client is alleged to have possessed was loaded, if it had ammunition, and if it did, if the ammunition was capable of being ignited and propelled, and that the firearm itself was operable," Burns said.

While Burns characterized witness testimony as that of a "layperson's" account, Noonan, in his written decision and order, gave substantial credence to the testimony.

"Although the weapon in question was never recovered," Noonan wrote, "the victim's testimony that the defendant shot at him three times such that he could actually see the fire coming out of the barrel of the gun, together with other eyewitness testimony as to the defendant's possession of a small black revolver which he pulled out and shot at victim repeatedly before the gun jammed, as well as the defendant's subsequent possession of the same weapon and statements to the effect that the victim was not hit and the gun jammed either because the bullets were too big or blanks, provides sufficient, circumstantial evidence that the gun possessed by the defendant was operable immediately prior to jamming."

District Attorney Lawrence Friedman asked Noonan to send Butler to prison for a long stretch.

"Based on his criminal history and his conduct this case, involving firing a loaded handgun, not only at another person, but while other people were in the area, and based on this defendant's intimidation of a witness, which was laid out for the court in great detail, we're asking for the maximum sentence," Friedman said.

Burns suggest a minimum sentence would be more appropriate.

"My client is a young man who has children and does not have an extensive hard criminal history," Burns said. "Given the wide range of sentencing options available to the court, a minimum, determinate sentence would be appropriate."

Noonan said it was an unusual case and an unusual trial, but the conviction was serious enough to warrant the maximum sentence.

A residence on Summit Street was raided by Batavia's Emergency Response Team shortly before 4 p.m. to search for the fruits of alleged thefts in Albion.

The ERT was called in, Assistant Chief Rob Yaeger said, because there were reports that weapons were being sold out of the residence.

Yaeger didn't say what was recovered or who was detained because it's an Albion PD case.

A flash-bang device was used to help create a distraction, which caused at least one neighboring resident to report "shots fired" on Summit Street.  

The operation was undertaken to execute a search warrant and Yaeger said the search was fruitful.

Further details when they become available.

UPDATE: Press release from Albion PD:

The Albion Police Department has made an arrest in relation to the ongoing investigation regarding the larcenies and burglaries that have occurred over the past several weeks in the Northeast side of the Village of Albion.

Search Warrants were executed at two locations in the Village of Albion on Saturday (12-20-14) and one search warrant was executed today (12-22-14) at a location in the City of Batavia.

A large quantity of stolen property was recovered as a result of the search warrants and additional persons of interest have been identified.

The case is ongoing with additional arrests expected. The names of those arrested, wanted or other persons of interest are not being released at this time. A more complete press release will be done when the investigation is closer to being completed.

The Albion Police are asking anyone who may have had items stolen, regardless if they have filed a Police Report, to contact the Albion Police Department at 585-589-5627 to identify and recover their stolen property.

The Albion Police were assisted by the Batavia Police Department, Batavia Police Emergency Response Team and the Genesee County Drug Task Force.

Anyone with information regarding the crimes is asked to call the Albion Police Department at 585-589-5627.

Photo: Ellsworth Avenue as the incident was wrapping up.

Jeffrey Deats

Jeffrey L. Deats, the 28-year-old Batavia resident held on a manslaughter charge in the death of Baby Chandler Zuchs, reportedly attempted suicide overnight.

Sheriff Gary Maha said Deats was found in his cell at 11:55 p.m. He had tried to use a bedsheet to hang himself.

A corrections officer performed CPR. Deats was transported to UMMC and later transferred to ECMC, where he is listed in critical condition.

"I cannot comment on his medical condition due to confidentially issues, but he is still alive," Maha said.

A corrections officer had made a routine check of his cell nine minutes prior to Deats being found during the suicide attempt.

Deats was arrested Wednesday on a charge of manslaughter, 2nd.  

Six-month-old Chandler Zuchs, whom at the time Deats apparently believed was his son, was on an overnight visit the weekend before at the Olyn Avenue home of Deats when the child died.

Baby Chandler suffered brain injuries, according to a Medical Examiner's report, authorities said.

Following the arrest of Deats, a DNA report surfaced that showed another man, not Deats, was the biological father of Baby Chandler.

Previously: 

• Father in custody in case of infant's death in Batavia
• Baby Chandler suffered head trauma, authorities say
• Man held in Baby Chandler case is not the father
• Video: This morning's press conference on death of Baby Chandler

Press release:

State troopers in Batavia are joining police, firefighters and first responders from agencies across Western New York in the Unyts Holiday Heroes campaign. Agencies will host blood drives in December and January. The events will also include Donate Life Registry drives where they’ll be encouraging the public to sign up to become organ, eye and tissue donors. Unyts is Western New York’s only organ, eye, tissue and community blood center.

Unyts’ Donate Life Express Bus will be set up outside the New York State Police station in Batavia (4525 W. Saile Drive) on Monday, Dec. 22 from 10 a.m. – 4 p.m. Appointments can be made at www.unyts.org or by calling 716-512-7940.

The holidays are generally a time when fewer people give blood, but the need for blood remains.Unyts is the primary provider of blood and platelet products for Kaleida Health, ECMC and all hospitals in Niagara and Wyoming counties. All blood donated through Unyts remains in Western New York.

More than 10,400 New Yorkers are currently waiting for a lifesaving organ transplant. Police, firefighters and first responders are urging more people to join the New York State Donate Life Registry. During the Holiday Heroes campaign, several organ recipients are sharing their own stories to encourage others to donate.

Victor Morales, the public information officer for Troop A of the New York State Police, shared the story of his kidney transplant to encourage others to give. Morales was born with only one kidney. In January 2001, he was diagnosed with polycystic kidney disease and learned he would need a transplant. He joined the waiting list for a short time, but his cousin came forward as a living donor. Morales received a kidney from her on Oct. 4, 2001.

“It’s made me a new man,” Morales said of his transplant. “It gave me a new lease on life and I’ve tried to do what I can to make it worthwhile.” That new lease on life has enabled him to continue his service with the State Police, spend time with his wife and daughters, and perform as an actor in Western New York theaters.

Among the organizations hosting or promoting Unyts drives are: the Erie County Sheriff's Office; New York State Police in Lockport and Batavia; U.S. Customs and Border Protection in Buffalo and Lewiston; the Buffalo Police Department; and fire companies and police departments around the area. A full list of drives is available at www.unyts.org.

Supporters of GO ART! and local music fans enjoyed an energetic show Saturday night at GCC's Stuart Steiner Theatre of the Haley & Alexis Band.

The twin sisters hail from Atlanta, but have roots in Genesee and Orleans counties, and the front row was filled with relatives.

It's the first time the band -- nominated for the Georgia Country Music “Best (Regional) Country Band Award” -- has played north of the Mason-Dixon line. 

Hiram Kasten was the evening's emcee. 

Purely by coincidence Anita Strollo and I were both at the UB Bulls men's basketball game last night. She was there to meet Bobby Hurley in person. Her cousin, Sonny Falcone, is strength and condition coach at Duke University and is good friends with Hurley. Hurley, now head coach at UB, is one of the greatest collegiate point guards in history and helped lead the Blue Devils to a pair of NCAA national championships. Strollo, a Batavia resident, gave him a Christmas gift of some of her homemade cookies after the game. Buffalo beat Niagara 88-62.