batavia

A 33-year-old resident of Flint, Mich., is being accused of dealing crack cocaine in Batavia.

John "Solo" Sumlin III, was stopped today by members of the Local Drug Enforcement Task Force as he was riding a bike on Porter Avenue.

Sumlin's arrest is the result of a month-long investigation that included undercover agents allegedly purchasing crack on two occasions.

During the course of the investigation, task force members identified Sumlin as an individual wanted in Michigan on a possible parole violation.

When Sumlin was stopped today, he allegedly gave investigators a false name in an attempt to conceal his warrant from local law enforcement.

Following arraignment in Batavia City Court, Sumlin was jailed without bail.

Press release:

As part of the its Strategic Plan for Environmental Sustainability, the City of Batavia is conducting a bulk item pickup for residential properties. Residential properties will receive two (2) yellow special bulk item collection stickers in their next quarterly water bill.

The stickers may only be used between JUNE 1st AND OCTOBER 1st, 2012 for the disposal of bulk items on regularly scheduled garbage days.

During the city-wide limited bulk pickup program only ONE sticker is necessary for the disposal of one bulk item such as a couch, appliance or dresser that would normally require two (2) orange stickers. Residents are asked to place the bulk item with the sticker securely affixed to it at the curb/parkway on their regularly scheduled garbage day.

If there are any questions please contact either the Bureau of Inspection at 345-6345 or the Department of Public Works at 345-6325.

The third member of a trio caught with drugs in a Batavia hotel room nearly a year ago entered a guilty plea to a drug possession charge in county court today, but has a chance to have his plea reduced if he successfully completes a drug program.

Benjamin Santiago was arrested with Justin Barker and Derick Barker on June 1 after the three men allegedly refused to leave the hotel after not paying the bill. When police arrived they found a quantity of drugs in the room.

The Barker brothers were later accused of plotting a conspiracy to kill Santiago.

Justin Barker later admitted to his role in the plot and was sentenced to two to six years in prison.

Santiago was charged with two counts of criminal possession of a controlled substance, 3rd. As part of a plea deal, Santiago entered a guilty plea today to criminal possession of a controlled substance, 5th.

His case is being sent to Batavia Drug Court, where he'll be given a chance to complete a drug treatment program. If he successfully completes the program, he can return to county court, withdraw his guilty plea and plead guilty to a Class A misdemeanor.

He could still be sentenced up to a year in jail under that plea, but if he doesn't complete drug treatment successfully and comply with all of the other terms of his release, Santiago could facing from two and a third to seven years in prison.

Derick Barker, who previously entered a guilty plea to possession of a controlled substance and strangulation (stemming from an attack on an inmate in the Genesee County Jail), is currently serving a sentence that could stretch to eight years.

Samantha Luce is in front of the county courthouse today selling cookies on behalf of the YWCA as a fundraiser for the Child Advocacy Center. The cookies are the creation of Anita Stollo and her daughter Serena.

Pre-schoolers from the Tuesday-Thursday class at the YMCA enjoyed a field trip to the Batavia Fire Station today, where they learned about what firefighters do, how they dress and what to do in case of a fire, and each child got a chance to spray water from a fire hose.

A motor-vehicle accident with injuries is reported on Route 33 and Wilkinson Road, Batavia.

East Pembroke fire and Mercy EMS responding.

The vehicles are blocking.

One person is complaining of back pain.

UPDATE 5:42 p.m.: Three vehicles involved.

UPDATE 5:43 p.m.: Three ambulances requested to the scene.

An ATV was reportedly struck by a bullet from a high-powered rifle while it was being driven near the railroad tracks off Wortendyke Road in the Town of Batavia. A caller who lives on Wortendyke reported seeing the shooter running toward a nearby trailer park. Law enforcement is attempting to locate the shooter.

UPDATE 4:43 p.m.: Deputies have located the suspect and are speaking with him now.

After years of cramped quarters in their office on Washington Avenue, Batavia, Creamy Creations cut the ribbon today on their new space in Masse Gateway.

The company now has 7,000 square feet for its laboratory, storage and offices to serve customers throughout the Western Hemisphere.

"We’re definitely optimistic about the future," said Barbara Van Hoorn, VP of the Americas for Creamy Creations. "There’s room to grow and we anticipate hiring more people in the future."

Creamy Creations is a subsidiary of FrieslandCampina, which is based in the Netherlands. Three FrieslandCampina executives were in Batavia for the ribbon cutting, including Roelof Josten, COO of FrieslandCampina (above, Van Hoorn and Josten perform the ribbon cutting).

Currently, Creamy Creations employs nine people in Batavia, with a 10th person starting next week and immediate plans to hire another sales person.

The company creates emulsified beverages, both containing alcohol and nutritional drinks. Many of its drinks are created for and in cooperation with O-AT-KA.

Van Hoorn said the company was created after Bailey's introduced Irish Cream in 1974 in response to customer requests to develop similar products. The company moved from Wisconsin to Batavia in 1993, in part to be closer to O-AT-KA. It now services beverage companies from Chili to Canada.

Creamy Creations is Masse's first official tenant. Merrill Lynch is expected to open an office in the redevelopment project by the end of the summer. Owner and manager Tom Mancuso said Mancuso Development Group is in active negotiations to fill the remaining 48,000 square feet.

Steven Alexander, from the Netherlands, is managing director of Creamy Creations.

Tom Mancuso

Kate Elizabeth Brozic, 29, of Lake Road South, Brockport, is charged with two counts of bail jumping, 3rd.  Brozic allegedly missed two court appearances after being bailed out of jail. She was jailed on $10,000 bail or $20,000 bond.

Amanda Jane Richardson, 27, of Hillside Terrance, Silver Springs, is charged with a violation of probation. Richardson turned herself in on a bench warrant out of Genesee County Court. Richardson was jailed pending arraignment.

Michael James McCarthy, 24, of Angling Road, Pembroke, is charged with criminal contempt, 2nd. McCarthy is accused of violating an order of protection by contacting the protected party.

Gavin David Laben, 18, of Darien, is charged with resisting arrest and obstruction of governmental administration, 2nd. Laben allegedly resisted arrest while an Erie County deputy tried to take him into custody on an accusation of criminal mischief in Erie County.

Jodee Marie Henderson, 27, of no permenant address, is charged with petit larceny and conspiracy, 6th. Henderson, along with two other individuals, is accused of stealing merchandise from Stan's Harley Davidson on West Saile Drive, Batavia. The suspects allegedly stole $214 in merchandise. Henderson was jailed on $500 bail. Also arrested on the same charges and released were Leaha Rae Anne Wimmer, 19, of Darien, and Nicholas Adam Antonucci, 25, of Alexander.

Nicholas Christian Doell, 21, of Darien, is charged with trespass, operating an unregistered ATV and unlawful operating an ATV on a highway. Doell was arrested after allegedly failing to comply with the instructions of a police officer while allegedly operating an ATV on Norfolk Southern Railroad property in Darien.

Seth Ryan Doster, 20, of Darien, is charged with trespass and disorderly conduct. Doster was allegedly involved in a verbal dispute with a neighbor while on private property. Also arrested on the same charges in connection with the same incident was a 17-year-old resident of Darien.

The issue of overnight parking downtown was put in reverse by the Batavia City Council on Monday, when by unanimous consent members sent it back to where the controversy started -- the BID Parking Committee.

The council was following the recommendation of City Manager Jason Molino, who suggested the parking committee -- which according to him, initially asked for parking restrictions to be enforced -- come up with a compromise plan.

"We want to try and do what’s best for everyone," Molino said. "Sometimes you can’t satisfy everyone, but we’re going to try to. I think the best thing is have the BID parking committee review the issue further and come back with recommendations."

Molino said the situation is a balancing act of various interests. Parking lot clean-up and plowing requires overnight parking be limited and ideally confined to a defined area, and downtown business owners are worried about employees and customers who need to use the parking lot between 2 and 6 a.m. getting tickets.

About a dozen local business owners attended Monday's meeting, along with BID Director Don Burkel.

Burkel informed the council that the BID board met earlier in the day and agreed that overnight parking fees should not be increased.

"In light of trying to promote downtown for residential use, as well as for shopping and restaurants and other various businesses, the board is in favor of avoiding any increases so as not to shortchange (downtown) in any way," Burkel said.

Louis Kingsbury, an employee of Ken Mistler and Jerry Condello, spoke as a representative of local businesses.

Kingsbury listed off a number of concerns: Where are employees supposed to park whose shift ends after 2 a.m. or starts before 6 a.m.? Who's liable when a plow hits a parked car?

"I'm just trying to figure out a solution to the whole scenario so it's feasible for everybody," Kingsbury said.

Condello delivered pages of signatures on petitions of people opposing overnight downtown parking restrictions.

Council members had a variety of initial reactions. John Canale wondered why people pay for parking when they've already paid for the parking lot through their taxes. Jim Russell said some sort of order and structure is necessary to the parking situation.

And if bar patrons decide not to drive home and still wind up getting a ticket, well that's a small price to pay compared to a DWI, Russell said.

Bar owners argue that customers won't necessarily look at it that way, but Molino said there is an application process in place for anybody who gets a ticket under extenuating circumstances.

The fee for the overnight parking permit is necessary, City Attorney George Van Nest said, because there are court cases that prevent government agencies from giving away taxpayer-owned property. A parking spot is a piece of real estate and if you're going to give a person special permission to use the property when others can't, there needs to be a fair-market price attached to that use.

Molino established the overnight parking fee -- which he can set under local law -- at the same rate as a garbage Dumpster fee, under the premise that the fee establishes market value for that much space being used by a private party.

So far, a total of nine overnight parking passes have been purchased by downtown residents. Tickets and fees account for only about $1,000 in city revenue, Molino said.

William Henry Foote, 57, of Myers Road, Oswego, is charged with felony driving while ability impaired by combined drugs and alcohol, felony DWI, felony driving with a BAC of .08 or greater and felony driving while ability impaired by drugs. Foote was arrested after deputies responded at 3:35 p.m., Monday, to a report of a person who said he had burned himself by spilling coffee on his chest. Foote was evaluated by ambulance medics, but refused further treatment. Further investigation by Deputy Joseph Graff and Deputy Howard Carlson led to Foote's arrest.

Russell Hosahi Blumer, 39, of Gillate Road, Alexander, is charged with assault, 3rd, resisting arrest, aggravated DWI and DWI. Blumer was allegedly involved in a motor-vehicle accident on Gillate Road, Alexander, at 4:23 p.m., Monday. Blumer was later located operating a Kubota tractor and was allegedly intoxicated. Blumer was allegedly verbally combative and physically resisting arrest, causing a hand/finger injury to a deputy. The deputy was treated at UMMC and released.

A 17-year-old resident of River Street, Batavia, and a 16-year-old resident of South Main Street, Batavia, are charged unlawful possession of alcohol by a person under age 21. The youths were allegedly found in possession of beer at 11:42 p.m., Saturday, at a location on Lewiston Road, Batavia.

Deidre Roshelle Scott, 25, of an undisclosed address, Rochester, is charged with criminal impersonation, 2nd, aggravated unlicensed operation, 2nd, and inadequate headlights. Scott is accused of giving a false identification following a traffic stop at 2:03 p.m., March 15. Scott's alleged deception was discovered after Scott reportedly failed to appear in court and the person whose identity she allegedly used was issued a summons for failure to appear.

James Thomas Kusmierczak, 27, of Chestnut Street, Medina, is charged with criminal contempt, 2nd, and possession/consumption of alcohol in a motor vehicle. Kusmierczak was stopped for allegedly consuming beer in a motor vehicle. During the stop, Kusmierczak was allegedly found in possession of marijuana.

Jeffery Scott, 29, of Keeney Road, Le Roy, and Adrian James, 32, of East Main Street Road, Le Roy, are charged with trespass and petit larceny. The two men were arrested following a report of people removing property from a local business. When approached, Scott was immediately taken into custody. James was captured after initially fleeing on foot.

Melissa G. Betances, 31, of 180 1/2 Pearl St., Batavia, is charged with operating a motor vehicle while impaired by drugs and moving from lane unsafely. Betances was stopped Monday on Pearl Street by Officer Darryle Streeter.

Josanne Alysse Schultz, 23, of Wolcottsville Road, Akron, is charged with petit larceny. Schultz is accused of shoplifting at Kmart.

Brett Douglas Perfitt, 17, of Bennett Avenue, Oakfield, is charged with DWI, aggravated DWI, consumption of alcohol in a motor vehicle, speed not reasonable and moved from lane unsafely. Perfitt was reportedly involved in a motor-vehicle accident at 2:10 a.m., Monday, on Bloomingdale Road, Alabama.  Perfitt allegedly failed to reduce speed when approaching a curve and traveled off the roadway into the woods. Perfitt said he was not injured in the accident and declined medical treatment. The accident was investigated by Deputy Kevin McCarthy.

There were several Memorial Day observances throughout Genesee County today.  Here are photos from the Genesee County Park, Williams Park, the VA Center, the Bergen parade, the Batavia parade and the St. Jerome's ceremony.

If you're unable to view the slide show below, click here.

To purchase prints of these photos, click here.

A 3-year-old has reportedly been struck by a vehicle at 20 S. Main St. in the city. The location is between Walnut and Pearl streets. City fire is on scene and Mercy medics are responding.

UPDATE 3:05 p.m.: City Engine 12 is back in service.

UPDATE 3:16 p.m.: Minor injuries. The boy was taken to UMMC. Early indications are the family was walking across the street and the boy darted out in front of them.

A young baseball player at Dwyer Stadium took a line drive to the head a few minutes ago and Mercy medics are responding. City firefighters are on scene. The Michael Napoleone Foundation baseball tournament is being played there again today.

UPDATE 1:30 p.m.: The boy is being transported to UMMC. City fire is back in service.

UPDATE 1:36 p.m.: The patient is a 12-year-old boy who was accidentally struck in his right eye with a baseball. He suffered no loss of consciousness and has no nausea, only pain at the injury site, said to be a "4 out of 10."

UPDATE 1:41 p.m.: He has no loss of vision.

The Blue Devils are Class B Section V outdoor track champions for the second season in a row, crushing the competition Saturday in Marion with 131 points.

Second place Aquinas had 72 points.

Individual event winners were:

Eric Williams, pole vault with a 12-foot jump, and 400 hurdles with a new school record of 57.5 seconds.

The boys 4x100 relay was won by Brandon Stevenson, Andrew Budlong, Mitch Noble and Alex Egeli with a time of 45.18.

Damion Reeves won shot put with a throw of 45' 7".

Ty Demmer won the 3,200-meter run with time of 10:15.

T.T. Martinez won pentathlon with 2,611 points.

This is the team's 4th outdoor title, and with a title in indoor track this winter, the Blue Devils now have 18 total track championships in the program's history.

Photos and information submitted by Steve Ognibene.

Coach Nick Burk with Section V track officials.

A switchblade knife accidentally popped open after 44-year-old Batavia man was tackled during a pick-up football game Saturday at Austin Park, cutting a 13-year-old boy behind his ear.

The accident led to Michael A. Wroten, of 8 Edward St., Batavia, being charged with criminal possession of a weapon, 3rd.

Wroten was jailed without bail following arraignment in city court.

The youth was transported to UMMC for treatment.

The charge is a Class D felony, with a sentencing range that goes up to seven years in prison.

Justin Rooney, a deputy supervisor in the Town of Newstead, announced Saturday that he will challenge incumbent Michael Ranzenhofer in the new 61st Senate District.

Appearing in his native Batavia on his second campaign stop of the day, Rooney was surrounded by local Democrats and joined by his wife, Sarah, and his children.

Rooney pledged support for school teachers and to fight unfunded mandates on local governments.

He said he would bring the same spirit of cooperation to Albany that helped the village and town governments in Newstead save taxpayers money on a consolidated court and shared services in the highway departments.

He contrasted that with votes by Ranzenhofer to hold separate state and federal primaries, costing taxpayers $50 million, and Ranzenhofer's vote to create another Senate district.

"At a time when New York is trying to decrease the number of politicians, he's voting to increase the number of politicians," Rooney said.

Rooney knocked Ranzenhofer as an Albany insider and promised that he would never become an Albany insider.

Lorie Longhany, county chair or the Democrats, said Rooney was just the person who could make a difference in Albany.

"He’s really one of us," Longhany said. "He’s a rural guy who understands the rural issues. He’s going to make a great representative."