Stories from

A personal injury accident is reported in the area of 6994 Tripp Road, Byron.

One patient was reportedly in route to Strong for a medical issue at the time of the accident.

Byron and South Byron fire departments dispatched along with Mercy EMS; however, once fire chiefs were on scene, an ambulance was told to respond non-emergency.

The roadway is blocked and traffic is being shut down.

UPDATE 9:39 a.m.: A patient is being transported to Strong by Mercy EMS.

Last night, T.F. Brown's hosted a happy hour and ugly sweater contest in support of the annual Christmas Day Community Dinner.

The dinner has been going for close to three decades and offers a free meal and toys from Santa for children and is open to all members of the Genesee County community.

For more information, click here.

Gregory Hallock, executive director of GO ART! holds up the winning ornaments from an ornament-decorating contest for GO ART! members. Tammy Hathaway, the left ornament, won in the adult category and Anna Browne won in the children's category.

GO ART! opened its winter members' art show, Heat Wave, on Thursday night.

Best of Show, "Firebird," by David Burke.

A sculpture, "Forest Floor," by Emily Crawford.

This morning, members of the Batavia Police Department presented a check for $1,930 to Genesee Cancer Assistance, funds raised as a result of their ability and willingness to grow facial hair during "Movember."

Officers paid $50 for a goatee, $25 for a mustache and $100 for a full beard.

Chief Shawn Heubusch gave members of the department permission to continue the facial hair fundraising in December, with money raised going to a local family with medical needs. Donations to that cause are being accepted at the police station until Jan. 11.

Officers will need to become clean shaven again Jan. 1, unless their efforts to lobby Heubusch for an extension is successful.

Photo: Sgt. Matt Lutey, Det. Sgt. Kevin Czora, Sue Underwood and Teresa Potzebowski, both with Genesee Cancer Assistance, Officer Frank Klimjack, and parking enforcement and animal control officer James Sheflin.

A man was taken into custody Monday night after a report of a fight and a stabbing at 337 Ellicott St., Batavia, has been charged with attempted murder.

Rashawn L. Gosier, 40, Shady Lane, Batavia, was also charged with assault in the first degree.

The arrest of Gosier comes after police were able to interview the victim, who was treated and released from a hospital in the region.

Police said the victim was "stabbed by a stabbing instrument." Public Information Officer Marc Lawrence confirmed investigators do not know at this time what type of sharp instrument was involved. The weapon has not been recovered.

After the report of the stabbing at 11:45 p.m. Monday, a man reportedly wearing a blue jacket was seen by an officer running from the scene.

Though the man ran from the scene, police believe he circled back and tried to hide in the basement of the house on Ellicott Street.

Some 15 or 20 minutes later, a man matching the description of the suspect, and later identified as Gosier, was taken into custody after crawling out of the basement window.

According to Lawrence, Gosier and the victim knew each other through a mutual acquaintance.

On his Facebook page, Gosier says he's originally from New Jersey. He was arrested earlier this year on a charge of petit larceny for allegedly stealing merchandise from Tops. He doesn't appear to have a prior felony record.

Lawrence said no further information is being released at this time because this is an ongoing investigation.

People with information that may assist in the investigation are asked to call Det. Matt Wojtaszczyk at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Previously:

• Possible stabbing reported at Swan and Ellicott streets
• Arrest made in incident Monday night on Ellicott Street

A member of the Pavilion Fire Department who is assigned to fire police was driving near his residence on Pavilion Center Road this morning when he spotted a fire in a neighbor's garage at 10240 Pavilion Center Raod.

He immediately called in the fire but there were already huge plumes of black smoke pouring from the structure.

By the time the first fire units arrived, the garage was fully involved.

Chief Dewey Murdock said that despite it being a weekday on a holiday week, fire companies in Pavilion and mutual aid companies from Genesee, Livingston and Wyoming counties, were able to assemble crews quickly and arrive on scene shortly after the fire was reported.

That wasn't enough, however, to save the two-story garage built in the 1970s from total destruction.

The homeowner, Wayne Palmer, used the garage to restore old cars and a couple of cars were pulled out of the garage at some point.

No firefighters were injured fighting the blaze.

Multiple tankers were needed to provide water for the fire but there was never a water flow issue, Murdock said, because of sufficient crew members for the tankers, plenty of tankers on scene, and the proximity of Oatka Creek.

Murdock said the cause of the fire is under investigation but it may have started with a fuel oil burner.

Undersheriff Gregory H. Walker, a 31-year veteran of the Genesee County Sheriff’s Office, is retiring effective Dec. 29. Walker started his career on Oct. 22, 1987, as a Deputy Sheriff. On Oct. 25, 1993, he was promoted to Investigator and then promoted to Sergeant on Sept. 20, 1997.   

During his tenure, Walker earned several awards which include seven Meritorious Awards, three Commendations and Officer of the Year. Additionally, he is a Drug Recognition Expert and Instructor, was Sergeant of the Drug Task Force and is highly involved with the Badge of Honor Association.

Greg’s numerous years of employment are proof to the dedication and passion he has for the law enforcement profession. 

“I would like to thank Greg for his dedication to serving the Genesee County Sheriff’s Office and the citizens of Genesee County,” said Sheriff William A. Sheron Jr. “Everyone at the Sheriff’s Office wishes him all the best for his future.”

Photo: File photo, April 2018

Batavia Middle School students trekked all over Batavia today as part of the school's annual Give Back Field Trip, where they visit various business and agencies to thank those who have supported the school.

Today's visits included the Sheriff's Office, State Police, Fire Department, and this visit to Batavia PD.

Le Roy PD, in cooperation with the county's STOP-DWI, conducted additional patrols this past weekend, which resulted in three arrests of people who are suspected of driving while impaired.

Late afternoon Saturday, Le Roy PD received a report of a woman who had driven to a local grocery store and appeared to be intoxicated.

Upon arrival, officers identified Linda B. Towner, 57, of Batavia, as the suspected driver. She was near a vehicle the officers believed she drove to the store. After further investigation, officers determined she allegedly drove the vehicle while intoxicated. She was taken into custody without incident and charged with DWI and driving with a BAC of .08 percent or greater.

That evening, patrols observed a vehicle moving at a high rate of speed in the Village of Le Roy. It also appeared that the driver’s view was obstructed. A traffic stop was initiated and the driver was identified as Scott M. Hoover, 46, of Bloomingdale, Ohio. After further investigation, Hoover was arrested and charged with DWI, driving with a BAC of .08 percent or greater, speeding, and driver's view obstructed.

Sunday evening, patrols observed the erratic operation of a vehicle. The car was moving in and out of its lane of traffic. At one point, the vehicle struck a curb and it also occupied two lanes at one time. Following a traffic stop, Jeremy J. Trzecieski was identified as the driver. Trzecieski, 42, of Pavilion, was charged with DWI, driving with a BAC of .18 percent or higher, consumption of alcohol in a motor vehicle, failure to use designated lane, and improper left turn.

Towner, Hoover and Trzecieski were all issued appearance tickets as the result of their arrests. All are to appear in the Le Roy Town Court on Jan. 17.

Press release: 

Today Congressman Chris Collins (NY-27) again called on New York State's Governor, Andrew Cuomo to stop diverting fees collected for 9-1-1 services. The Federal Communication Commission's annual report shows that New York State continues to divert nearly 42 percent of fees collected from consumers on their phone bills -- which are meant to be used to improve 9-1-1 emergency communications systems -- to the Governor's slush fund.

Earlier this year, Congressman Collins introduced the 911 Fee Integrity Act, that prevents states from diverting fees collected for 9-1-1 services. Collins' bill directs the FCC, in consultation with public safety organizations, and state, local and tribal governments, to determine the appropriate use of funds collected from consumers.

Currently, states are able to set their own definition of what is a covered cost for 9-1-1 fees, which has allowed states such as New York to divert fees into a general fund.

"It is completely unacceptable that New York State continues to divert funds meant to improve 9-1-1 emergency services, to Governor Cuomo's corrupt and shady slush fund," Collins said.

"These fees should be used to make important and necessary improvements to emergency response systems -- doing otherwise is inappropriate and puts New York residents at risk.

"We must prioritize the safety of our communities and improving these services is absolutely essential to keeping our residents safe. I remain committed to pushing the Governor to end this deceptive practice."

The FCC's annual report identifies six states and one territory as diverting 9-1-1 fees for other uses last year: Montana, New Jersey, New York, Nevada, Rhode Island, West Virginia, and the U.S. Virgin Islands. New York also tops the list with one of the highest 9-1-1 fess at $1.20 per line.

"When Americans pay 9-1-1 fees on their phone bills, they rightfully expect that money to fund 9-1-1-related services," said FCC Chairman Ajit Pai in the FCC's release. "Unfortunately, the FCC's annual report shows that, once again, several states have siphoned 9-1-1 funding for unrelated purposes.

"This is outrageous and it undermines public safety. But there is also some good news: Thanks to Commissioner O'Rielly's efforts to shine a light on the issue of 9-1-1 fee diversion, as well as the Public Safety and Homeland Security Bureau's ongoing work, this is the first time that every jurisdiction has responded to the FCC's annual 9-11- fee survey.

"Hopefully, drawing attention in this way to the unacceptable practice of 9-1-1 fee diversion will help end it."

The FCC is required by law to submit an annual report to Congress on the states' collection and distribution of 9-1-1 fees. The FCC's latest state 9-1-1 fee report, as well as reports from prior years, are available here. The agency also issued a Public Notice seeking comment on the findings in the new report.

At the close of yet another hearing on making restitution to her former employer, former Bergen resident Michele Ann Case made it clear how unhappy she is with HomeCare & Hospice, District Attorney Lawrence Friedman and The Batavian, accusing all of lying about her and defaming her good name.

Case called Friedman unethical. She said he had been duped by HomeCare & Hospice. Friedman, she also said, is just posturing for The Batavian, which she accused of libel.

"Then I want to go to jail and not pay any more restitution," Case told Judge Charles Zambito after Zambito warned her about her conduct. As she spoke, two deputies in the courtroom positioned themselves directly behind the chair she was sitting in.

She continued, "I don't want to see that man anymore," pointing at Friedman.

At the end of Case's rant, and before she could start again, Zambito adjourned the hearing.

Shortly after leaving the courtroom, Case emailed the following statement to The Batavian:

Please be advised that you have repeatedly printed lies about me on The Batavian and I hereby demand that you print an immediate retraction for your past 2 libelous posts. I also demand that you immediately cease & desist spreading falsehoods to the community I proudly served! Eventually, new evidence will exonerate me and implicate my former employer for falsely reporting a theft and insurance fraud and the DA will be brought up on ethics violations & prosecutor misconduct! 

Case has been in legal trouble in Genesee County since 2010 when she was accused of stealing more than $35,000 from an elderly patient. Those charges were eventually dismissed for reasons never officially disclosed by the court.

In 2011, she was accused of painting a mailbox that didn't belong to her, and later that year she was arrested and accused of bilking HomeCare & Hospice out of thousands of dollars by falsifying business records.

That case went to trial in 2012 and she was convicted by a jury but the conviction was overturned. An appeals court ruled that documents entered into evidence at trial were prejudicial and thereby denied Case her right to a fair trial.

Case was retried in 2014 and convicted again.

After the first conviction, a hearing was called to determine the amount of restitution Case owed HomeCare & Hospice and Judge Robert C. Noonan ruled that she would be required to pay $14,000.

Her attorney at the time tried to argue that restitution should be limited to the amount of money specified under the legal definition of third-degree grand larceny, which was $3,000.

Today, Case suggested that she has made restitution payments and that she owed no more than $2,500. It's not clear, but it appears Case believes The Batavian's prior reporting on the amount of restitution is libelous. Friedman said it was his impression that Case is claiming she's made sufficient payments to reduce the amount of restitution to $2,500. He said the court has been unable to confirm payments with officials in Niagara County, where Case now lives.

The issues currently in dispute about restitution, in this case, are whether Zambito has the authority to compel restitution and to set a payment schedule.

Since her second conviction, Case moved to Erie County and then Niagara County. Each time, her probation followed her into those counties. Public Defender Larry Ader, now representing Case -- though at the start of her rant in court this afternoon she told Zambito she was firing Ader -- said he believes that because Case was last on probation in Niagara County, and is no longer on probation. Ader maintains that only a Niagara County judge can issue a restitution order and that only the probation department in Niagara County can collect that restitution.

Zambito said he believes he has jurisdiction over restitution in this case and that he can order Genesee County Probation Department to collect the restitution.

Ader said it would be up to an appeals court to resolve the different views.

Prior to today, Case was supposed to supply a financial statement to help the court determine the amount of monthly payments, along with supporting documents. Friedman said the financial statement was delivered to his office late and that it only received any supporting documents 45 minutes prior to today's hearing. But with just a quick review of the documents, he said they appeared to be inadequate to support the financial statement.

According to Ader, Case hasn't been working while out on disability but should be cleared to work soon. In the meantime, her only source of income has been Social Security survivor benefits paid out on behalf of her 16-year-old child, who lives with her in Lockport. 

Friedman suggested a hearing might be needed so Case could be placed under oath to testify about her ability to make restitution payments. But after a conference with the Zambito and Ader at the bench, Zambito said he was going to order, for now, payments of $50 a month. That is the amount in the prior restitution order; they are to start at the beginning of the month.

Another hearing is scheduled 9:30 a.m., Jan. 7.

Previously:

• Bergen woman accused of stealing $35,000 from elderly woman's ...
• Police Beat: Alleged mailbox caper leads to charges in Bergen
• RN accused of creating inflated call claims to steal more than $14,000
• Grand Jury Report: Former employee accused of bilking her employer 
• Nurse convicted of falsifying pay records to steal money from her former employer
• Nurse who inflated claims to bilk employer of more than $14,000 gets four months in jail, probation
• Total amount of restitution still undecided for Bergen nurse who stole money from employer
• Amount of money nurse must repay former employer still unresolved
• Appeals court throws out conviction of woman accused of bilking employer out of $14K
• Former Bergen resident told second trial on fraud charges will be July 7
• Former nurse convicted for second time of stealing $14K from employer
• Former nurse from Bergen given probation following second conviction on grand larceny
• Restitution still pending in former nurse's seven-year-old theft case
• Restitution of $14K again delayed in case of former nurse who falsified business records

Police have yet to locate a person who was reportedly stabbed during an incident Monday night at 337 Ellicott St., Batavia; there has, however, been an arrest related to the case.

Rashawn L. Gosier, 40, of Shady Lane, Batavia, is charged with attempted assault, 3rd.

Chief Shawn Heubusch said Gosier is accused of attempting to assault another person at the same address during the same incident.

He said the police have only limited information on the stabbing victim, so have not been able to locate him.

Police responded to 337 Ellicott St. at 11:40 p.m. Monday to investigate a report of a fight. 

A subject, believed to be Gosier, fled the scene, where police located a stabbing victim and called for an ambulance. Officers then pursued the fleeing subject down Swan Street to the area of the railroad tracks.

While officers were busy trying to apprehend the person who fled, the stabbing victim left the scene.

Gosier, matching the description of the fleeing subject, was located a short time later in the basement of the incident location and he crawled out of a basement window (bottom photo).

He was taken into custody without further incident. After being taken to headquarters he was issued an appearance ticket on the attempted assault charge and ordered to appear in City Court at 1 p.m., Jan. 1.

If anybody has information that can assist in the investigation, they are asked to call Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

The Batavia Rotary Club carried on its annual pre-Christmas tradition Tuesday with a visit from Santa and players who will participate in the Club's annual basketball tournament at Genesee Community College after the New Year.

The tournament this year tip's off at 6 p.m., Jan. 2 with a game between Notre Dame and Wellsville followed by a 7:45 p.m. game between Batavia and Cal-Mum.

The consolation game will be Jan. 4 at 6 p.m. with the championship game at 7:45 p.m.

Attica will not participate in the tournament this year because the school's marching band is participating in a New Year's Day parade and members of the basketball team are traveling with the band and they may not back it back in time for the tournament. So Wellsville is playing this year but that team's players and coaches were unable to attend Tuesday's luncheon.

Meet the captains:

Santa's visit is filled mostly with gag gifts for Rotary members. This year he recognized three members who embodied "service above self" through their volunteer efforts.

Callie McCully, Notre Dame, Ryan Stefaniak, Batavia, and Baylee Miller, Cal-Mum.

City Church hosted its annual community Christmas party at St. Anthony's on Liberty Street, Batavia, last night, and gave away 33 bikes to children from the neighborhood.

They also handed out a ton of toys.

Numerous people donated bikes, toys, and money to the event, said Ryan Macdonald.

Photos by Mo Schoen.

We don't know if Sheriff William Sheron has been naughty or nice -- only Santa knows for sure -- but he sure had a lot of fun during Shop with a Cop at Walmart on Dec. 8. We previously shared a shot of Sheron standing on a shopping cart. This morning we obtained this picture of Sheron on Santa's lap in a photo taken by Trooper James O'Callahan.

Press release:

Providing students with authentic learning experiences is the goal of every career and technical education program. Students in the Conservation Program at the Batavia Career and Technical Education Center got just that opportunity when they constructed a kiosk for the Town of Bergen.

Despite the rainy, cold weather and muddy grounds, the Conservation students built a kiosk that has a roof, two benches and an information board. This project can be found in the Town of Bergen’s Drew’s Nature Center, located on West Sweden Road.

Ernest Haywood is the supervisor for the Town of Bergen. He contacted Jon Sanfratello, executive principal of the Batavia Campus, which includes the Batavia Career and Technical Education Center, to inquire about the possibility of constructing the kiosk.

“I thought the opportunity to build a kiosk for the nature center would foster the students understanding and appreciation of our natural resources as well as provide students a real-life experience to build something that would benefit the community for years to come,” Haywood said.

“It is my hope that the kiosk will provide information for community members to enhance their knowledge of what the Drew's Nature Center has to offer and directions and guidance to visitors on how to independently explore, at one’s own pace, the natural wonders of the center.”

Sanfratello echoed Haywood's thoughts.

“This project gave the students the opportunity to understand the importance of time management, and customer satisfaction all while using the skills learned in the classroom and shop," Sanfratello said. "They worked under some difficult weather conditions but they got the job done."

Jacob Vandenbosch is the Conservation Program instructor.

“The Conservation students were able to learn carpentry skills by creating a location for the community to enjoy the outdoors. As an added bonus, they learned the importance of giving back to the community,” Vandenbosch said. “We will also be exploring future class projects at the nature center and working alongside the town to improve the community’s experience."

Submitted photo: The Conservation a.m. session class with their completed project. Not in order of photo. Ali Mann, Peyton Armison, Andrew Clark, Chad Green, Evan Hands, Mitchell Humel, Dominic Ianni, Kristofer Kuszlyk, Breanna Mest, Adam Offen, Noah Pangrazio, Tristan Rasmussen, Kaitlyn Shultz, Alec Slepinski, Nathan Tabor, Hunter Wade, Tyler Will.

A reader submitted this video of a car fire this morning at Main And Oak streets, Batavia, in front of Oliver's Candies.

An accident with injuries is reported on West Main Street Road, east of Wortendyke Road, Batavia.

East Pembroke fire and Mercy EMS responding.

UPDATE 4:19 p.m.: East Pembroke assignment is back in service.