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Photo: Fill the Boot for MDA

By Howard B. Owens

Members of the Batavia City Fire Department are out on Main, Ellicott and Court streets today with boots collecting donations for "Jerry's Kids."

The annual "Fill the Boot" fundraiser is sponsored by the International Association of Firefighters and benefits the Muscular Dystrophy Association.

City firefighters will be on scene until 5 p.m.

If you can't make it by or prefer to make a donation with a credit card, click here.

Pavilion, Le Roy fire responding to serious injury accident in Covington

By Howard B. Owens

Pavilion and Le Roy fire departments are responding to a serious injury accident on Old State Road in Covington.

Covington is part of the Pavilion Fire District.

There are two victims, and adult and a child. At least one victim was entrapped.

One Mercy Flight helicopter is in route.

Possible serious accident on Thruway

By Howard B. Owens

There is an accident reported on the Thruway in the area of mile marker 404 with a possible ejection and possible car fire.

Pembroke and Indian Falls fire departments dispatched.

Mercy EMS dispatched.

UPDATE 8:21 a.m.: Dispatch sorting out reports. Multiple calls. It's possible it was a car fire with a female occupant jumping out of the car. There is at least one report that she is walking and conscious and alert. Mercy Flight on ground stand by.

UPDATE 8:23 a.m.: There is a car fire and a person with a leg injury, according to dispatch. First responder, while driving up, noticed no smoke or fire. One person is sitting, talking to people.

UPDATE 8:31 a.m.: Woman jumped out of vehicle while smoke was coming from it and suffered a leg injury. Mercy Flight cancelled.

Photo: Black crow sitting on a fence

By Howard B. Owens

This black crow is sitting on a fence on Maple Street near Jackson Street, Batavia. It's been sitting there all day, according to a neighbor.

I was able to walk up close enough that I could have touched it if I wanted. I shot this with a short focal length lens, no zoom, which gives you some idea how close I got to it.

Its eyes are bright and alert, so I'm not thinking illness, but it's also not normal. So what does one do about a sick or injured crow?

Car fire reported in Alexander

By Howard B. Owens

What I believe was the voice of a law enforcement officer came on the scanner and said, "my car's on fire."

Alexander Fire Department is being dispatched to the intersection of routes 98 and 20.

UPDATE 1:15 p.m.: The fire is out. The car is a Sheriff's Office patrol car.

Drug charges brought against trio who allegedly wouldn't leave hotel room

By Howard B. Owens

Pictured: Derick Barker, Justin Barker, Benjamin Santiago

Three people who allegedly refused to leave a Batavia hotel room Wednesday afternoon, including one who fled from police leading to a multi-agency manhunt, are in jail without bail following an investigation that allegedly uncovered drugs and drug paraphernalia.

Arrested were Justin Z. Barker, 22, and Benjamin Santiago Jr., 22, both of North Lyon Street, Batavia, and Derick Wayne Barker, 25, of Tera Boulevard, Jonesboro, Ga.

Derick Barker is the suspect accused of fleeing from Officer Dan Coffey, running across the Thruway and trying to hide in a farm field shortly before 1 p.m.  

While Coffey stayed with Justin Barker and Santiago to ensure they stayed in custody, he reportedly observed Derick Barker run to a Dodge Durango, grab something out of it, and run toward the Thruway toll booths.

Additional Batavia police officers along with Sheriff's deputies and state troopers descended on the area and Derick Barker was allegedly observed running into the field. 

A State Police helicopter was called in, which helped flush Barker out of hiding and he was immediately taken into custody.

Police officers on scene were concerned that Barker had grabbed a gun from the Durango and a search was conducted of the field for the possible weapon. The Sheriff's Office press release makes no mention of a weapon being found.

Derick Barker allegedly ran while Coffey conducted a wants and warrants check, which uncovered a violation of probation warrant out of Georgia.

Stemming from Wednesday's incident, Barker was charged with obstructing governmental administration.

Justin Barker was wanted on a warrant out of the Town of Oakfield Court for alleged criminal contempt.

While in the hotel room at Days Inn with Justin Barker and Santiago, Coffey allegedly observed a small glassine baggie on the floor that appeared to contain a controlled substance.

Members of the Local Drug Enforcement Task Force responded to the scene and conducted a search and further investigation.

Derick Barker was charged with one count of criminal trespass, two counts of criminal possession of a controlled substance, 3rd, and one count of criminally using drug paraphernalia.

Justin Barker was charged with one count of criminal trespass, two counts of criminal possession of a controlled substance, 3rd, and one count of criminally using drug paraphernalia.

Benjamin Santiago was charged with one count of criminal trespass, two counts of criminal possession of a controlled substance, 3rd, one count of criminally using drug paraphernalia and one count of unlawful possession of marijuana.

Police announce results of May 19 neighborhood sweeps

By Howard B. Owens

A combined law enforcement task force conducted a sweep in the City of Batavia on May 19 looking for subjects wanted on warrants and to check for possible parole and probation violations.

In all, four people were arrested and six people were allegedly found in violation of probation restrictions.

The sweep, conducted by the Neighborhood Enforcement Team Detail, was part of the city's strategic plan for public safety, according to Chief Randy Baker.

Participating in the task force were officers and detectives of the Batavia Police Department, members of the Sheriff's Office, city code enforcement officers, City fire personnel, members of the District Attorney's Office, Local Drug Task Force detectives and the Department of Social Services.

One person was arrested for allegedly selling marijuana on Jackson Street.

Two people people were arrested on felony warrants.

One parolee was arrested for allegedly possessing a controlled substance and driving without a license.

The names of those arrested have not been released.

In all, 42 probation contacts were made. Four people were found allegedly in violation of curfew. Two individuals were allegedly found in possession of knives, ammunition, marijuana and K2 synthetic marijuana.

Parole officers checked six locations for parolees and searched three residences.

Baker said there will be additional sweeps by the task force in order to address neighborhood issues.

Police Beat: Rochester teen accused of burglarizing Bergen church

By Howard B. Owens

Jose Luis Morales, 17, of 10 Strathmore Circle, Apt. D, Rochester, is charged with burglary, 3rd. Jose is accused of entering the United Methodist Church, 27 South Lake St., Bergen, at 7:16 a.m. on Jan. 11 without permission and damaging property and stealing items. A warrant was issued out of Town of Bergen Court for Jose's arrest and he turned himself in. He was released under supervision of Genesee Justice.

Christopher Anthony Pilgrim, 35, of Weston Road, Rochester, is charged with criminal possession of controlled substance, 7th, criminal possession of marijuana and speeding. Pilgrim was stopped for allegedly speeding at 1:20 p.m. Wednesday  on Route 490 in Bergen by Deputy Kevin McCarthy.

Mark Laney, 31, of South Pearl Street, Oakfield, is charged with criminal contempt, 2nd. Laney is accused of violating an order of protection.

Brian Patrick Ogrady, 46, of Lyman Road, Bergen, is charged with DWI, aggravated DWI, driving left of pavement markings, failed to yield right of way at stop sign and operating without insurance. Ogrady was stopped at 6:10 p.m. Wednesday on Route 237, Byron, by Sgt. Greg Walker.

Shawn Richard McGiveron, 22, of Back Street, Pembroke, is charged with criminal obstruction of breathing and harassment, 2nd. During a domestic incident, McGiveron allegedly obstructed the breathing of a woman and allegedly pushed the woman to the ground. The incident is alleged to have occurred at 11:46 p.m. Wednesday at a residence on Back Street, Pembroke. McGiveron was jailed on $200 bail.

Accident with injuries reported on Lewiston Road near Thruway bridge

By Howard B. Owens

A car accident with injuries has been reported on Lewiston Road near the Thruway bridge.

A pole has been hit and wires are down.

Town of Batavia Fire and Mercy EMS responding.

UPDATE 8:10 a.m.: Oakfield fire police requested to Batavia Oakfield Townline Road to shut down traffic. Northbound traffic is also closed and a trooper will close traffic at Route 63 and Galloway Road.

Area Democratic leaders join Kathy Hochul in DC for swearing in as NY-26 rep

By Howard B. Owens

Kathy Hochul, who won a special election last week to become the congresswoman representing the NY-26, was sworn today.

In Washington, D.C., for the ceremony were the chairs of the Democratic committees of the GLOW region (Genesee, Livingston, Orleans and Wyoming counties).

Genesee County's Lorie Longhany (second from right) supplied this picture from the capitol.

Some progress on downtown gulls, but business owners still complain about the mess

By Howard B. Owens

It's possible Verizon has conquered the sea gull problem it had on its Center Street building.

The mobile phone and internet company brought in the U.S. Fish and Wildlife Service to remove birds and eggs two weeks ago, and today, employees spread netting on the roof to discourage the return of the birds.

Meanwhile, gulls continue to menace cars and pedestrians from their roosts atop the old Latina's market building on Ellicott Street, though their numbers seem fewer than last spring and summer.

Owner Vito Gautieri said he's done everything the state Department of Environmental Conservation has told him he can do, but the gulls have not completed vacated the premises. 

"We've spent a ton of money," Gautieri said.

He said he's deployed fake owls and pelicans, installed noise makers and sends employees up to the top of the roof at least twice a week.

"Two days later they get used it (the decoys and noise) and they're back," Gautieri said.

Both Gautieri and Verizon received code violations for alleged failure to maintain their properties, according to City Manager Jason Molino.  

The owners were advised to keep the premises clean in order to comply with city code.

Local business owners say the problem was unusually acute on School Street this summer, largely because of the migration of the birds to the Verizon building. One store owner said the problem has seemed to lessen in the past two weeks.

Michael DeFelice, owner of Michael Anthony's Salon, said last summer he could safely park his car in the lot off School Street, but this summer, there has been no safe place to park.

Gautieri said the gull problem is an entire city problem and city officials need to address it as a citywide problem.

"They (the gulls) are going to continue to be a problem for all of us unless the city gets involved and the agency that protects them gets involved," Gautieri said.

Molino said it's not that simple. It's not like the city can go around cleaning up properties for landowners. The gull problem is a basic maintenance issue, he said. 

"It's like mowing your lawn," Molino said. "It's easy, but you've still got to do it."

Molino said the city hasn't had problems with gulls on City Centre for three years, since it started getting the permits necessary to take care of the problem (removing the eggs) and keeping the roof properly maintained.

As for the old Latina's building, Gautieri said he remains hopeful he could have new tenants soon. He said he's also been discussing the idea of turning the building into an office complex and recruiting firms with offices in Rochester and Buffalo to consolidate their offices in Batavia.

"That would be great for downtown," Gautieri said.

Another option for the building is to add another six or eight feet of height (which is possible because the building was originally constructed to have warehouse space on the second floor), which would make it possible to turn the second floor into apartments. If he did that, Gautieri said, he would add a steeple roof, which would keep the gulls from nesting on the roof.

State dealing with 'issues' at Batavia Nursing Home, but won't release details

By Howard B. Owens

With its owner facing legal problems and employees complaining about not getting paid, the New York Department of Health is aware of "issues" at the Batavia Nursing Home, but isn't giving out any information about the status of the facility.

"Our priority is the care and safety of the residents," said Jeffrey Hammond, spokesman for the department.  "We are working through several issues with the nursing home."

The state health department is the regulatory agency that overseas New York's nursing homes.

Hammond referred nearly every question The Batavian had about the home to his two-sentence his statement.

Jerry Fasano's mother is a resident at the home and he visits her daily. He said recently a representative of the Department of Health has been at the home every day. He had a chance to speak with the representative on Monday and she told him the state has begun a receivership process (take custody of the nursing home).

Asked specifically about whether receivership proceedings were under way, Hammond referred to his previous statement.

Today, employees received their paychecks that were due last Friday.  

One employee immediately cashed the check at her credit union and between the time she cashed it and got home, her home phone caller ID showed three missed calls from the credit union. She won't be able to call the credit union until tomorrow to find out what the calls were about.

Rather than deposit the check, she said, she took the cash, "because I've got bills to pay and groceries to buy." She wanted to make sure she had the money.

When the nursing home supervsor told employees today they would get paid, she said, "We were running down the halls. It was like Christmas for us."

Even so, she said, another three or four employees have quit and if paychecks are delayed this Friday, even more may walk off the job.

Fasano said he's impressed with the professionalism of the remaining staff. 

"It should also be noted that even though the staff is not being paid they are continuing to give the residents the care they need and deserve," Fasano said. "This includes all of the staff from maintenance and housekeeping to the hospital administrator.

"I feel that I can give an accurate description of the staff, in that I have come to know them all very well as I am there each and every morning to visit my mother," Fasano added.

Owner Marc Korn, who has been accused by federal authorities of fraud, visited the facility today -- entering by the back door, according to sources. He visited the home's administrator and left, saying nothing to staff.

Korn is due back in federal court tomorrow. 

The Amherst-based businessman has not returned calls nor answered emails from The Batavian seeking clarification or comment.

The Department of Health conducted an inspection of the Batavia Nursing Home in May and found 23 deficiencies, according to online records. That matches the statewide average. Hammond said as of this morning all of the deficiencies had been corrected. 

None of the deficiencies constituted actual harm or immediate jeopardy.

Man being questioned by police bolts, leading to multi-agency manhunt near Thruway

By Howard B. Owens

One of three people being questioned by a Batavia police officer at the Days Inn of Oak Street near the Thruway decided to run, leading to a multi-agency manhunt that lasted less than 30 minutes shortly before 1 p.m.

Officer Dan Coffey had been dispatched to the Days Inn to ask three guests who had overstayed their welcome to leave. While doing a wants and warrants check on the three people, one of them took off. Coffey observed the suspect run to a gray Dodge Durango parked behind the hotel and grab something from the vehicle, leading officers to worry that the suspect had grabbed a weapon.

The man, whose identity has not been released yet, then headed toward the Thruway toll booths. At some point, he fell into or ran through a body of water. He then ran across the Thruway near the Route 98 overpass and was last seen in a farm field just north of the Thruway.

By that time, back-up had arrived from the Batavia PD, Sheriff's Office and State Police.  The field was surrounded by officers and the State Police helicopter was called in.

Within minutes of the helicopter arriving, the suspect, who had been lying in the long grass of the field, stood up and tried to run again. He was immediately apprehended by police.

The other two individuals were detained at the hotel, where members of the Local Drug Enforcement Task Force responded and began conducting a further investigation.

Following the arrest, a search of the field was being conducted by State Troopers, which prompted some discussion of bringing in a weapon sniffing dog, to see what, if anything, the suspect left behind.

Chief Randy Baker said the suspect apparently is wanted in Georgia. The nature of the warrant is not available at this time.

(Initial Report)

Police Beat: Pair of DWI arrests

By Howard B. Owens

Joseph Francis O'Shei, 36, of Stebbins Road, Franklinville, is charged with DWI, driving with a BAC of .08 or greater, driving while ability impaired by a combination of drugs and alcohol, inadequate lights and driving the wrong direction on a one-way street. O'Shei was stopped at 10:35 p.m. Monday in the area of 4126 Route 5, Batavia, by Deputy James Diehl.

Ronald M. Markek, 31, of Allegany Road, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to yield right-of-way to emergency vehicle and improper right turn. Markek was stopped at 1:31 a.m. on Route 77 in Corfu by Deputy Patrick Reeves.

Car fire reported on Martin Road

By Howard B. Owens

A car fire has been reported in front of the residence at 379 Martin Road, Akron.

Alabama Fire dispatched.

UPDATE 10:22 p.m.: Akron Fire was dispatched mutual aid, but told they can now stand down. Fire is knocked down.

UPDATE 11 p.m.: Alabama Fire back in service.


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