Town of Batavia Fire Department is being dispatched to a possible structure fire at 3740 Batavia-Oakfield Townline Road.
There is reportedly a smell of electric wire burning in the house.
UPDATE 11:26 a.m.: First responder reports, no flames or smoke showing.
Stacy R. Bechtold, 31, of 1429 East Drive, Alden, is charged with DWI and criminal impersonation, along with several other charges after being stopped by Sheriff's deputies at 10:29 p.m. Saturday. Bechtold was reportedly seen driving erratically from Alabama to Maltby Road in Oakfield. When stopped, Bechtold allegedly provided deputies with a fake identity and false birth date. It turns out, she reportedly was driving on a suspended license and an outstanding arrest warrant from Monroe County. Additional charges: Driving with a BAC of .08 or greater, reckless driving, aggravated unlicensed operation, consumption of alcohol in a motor vehicle, failure to notify DMV of an address change, uninsured vehicle and failure to keep right. Deputies Chris Parker and Brad Mazur investigated the incident. Bechtold was released to the Monroe County Sheriff's Department on the outstanding warrant.
Christopher A. Saddler, 25, of 3 Lydun Drive, Albion, is charged with criminal mischief. Saddler allegedly punched a candy machine inside Tenney Laundry.
Gregory Seppe, 51, of 19 Manhatten Ave., Batavia, is charged with trespass. Seppe allegedly entered the Salvation Army after previously being told he was not allowed on the premises. He was jailed on $500 bail.
Vincent J. T. Dell, 21, of 17 Thorpe St., Batavia, and Nateeka M. Gibson, 20, of 13 Thorpe St., Batavia, are both charged with disorderly conduct for allegedly fighting at 3:07 Saturday morning. Jerell J.T. Jones, 20, of 17 Thorpe St., Batavia, was charged with littering during the same incident. Officers Dan Coffey and Frank Klimjack handled the call.
Vincent Michael Esten, 27, of 10998 Transit Road, Pavilion, is charged with filing a false report with the Sheriff's Office. Esten allegedly reported that another individual had opened a cable television account using his name. After further investigation, the report allegedly turned out to be false. Deputy Joseph Graff investigated the report.
Jody L. Beaumont, 39, of 8557 East Main Road, Le Roy, is charged with DWI and leaving the scene of a property damage accident. Beaumont reportedly hit some trees on York Road and then allegedly left the scene. He was later located at his residence. He is also charged with a BAC of .08 or greater and moving from a lane unsafely. The accident reportedly occurred at 5:40 a.m., Sunday. Deputies John Weis and Frank Bordanaro investigated the incident.
Patrick S. Waldron, 21, of 1590 Edgewood Road, Rochester, is charged with DWI, driving with a BAC of .08 or greater and moving from a lane unsafely. Waldron was reportedly stopped Sunday at 1:15 a.m. at Route 237 and Walkers Corner Road.
Nicholas R. Harig, 19, of 170 Trowbridge Street, Buffalo, is charged with DWI following a traffic stop in Corfu by Officer Edward Caton for allegedly tailgating. Harig was also cited for having an inadequate muffler on his vehicle.
Dustin D. Say, 18, of 1952 Perry Road, North Java, and a 17-year-old companion from Alexander are charged with a felony count of burglary. Say and his companion allegedly entered an unlocked garage in Alexander and stole alcoholic beverages.
Sarah J. Patrick, 19, of Lockport, is charged with DWI. Patrick was stopped by State Police on Route 77 in Pembroke at 9:28 p.m. on Friday.
Chad A. Plante, 25, of Rochester, is charged with DWI, unlicensed operation and driving with a BAC of .08 or greater. Plante was stopped by State Police on Route 77 in Darien at 9:45 p.m. on Friday.
Benjamin P. Greene, 21, of Basom, is charged with DWI, driving with a BAC of .08 or greater, and failure to stay in designated lane. Greene was stopped by State Police on Galloway Road in Batavia at 2:31 a.m. on Sunday.
Daniel N. Brown, 36, of Le Roy, is charged with two counts of possession of a forged instrument. Brown was arrested by State Police on West Saile Drive in Batavia. The initial report was taken on June 7. Brown was released on his own recognizance.
A roll-over accident has been reported at about 9835 Lake Street Road, Route 19, Pavilion. The initial report said the vehicle was on fire with at least one person trapped in the car, but a first responder reports there is no fire and extraction will not be required.
Mercy Flight will not be required.
Valle Jewelers, 21 Jackson St., Batavia, N.Y.: Need a gift? Need some sparkle? Valle's has a large selection of jewelry and gifts starting at under $25. We have a $50 gift certificate for $25.
Amelia's Antiques and Collectibles, 5213 E. Main St. (Rte 5), Batavia, N.Y.: A unique collection of old and new is at Amelia's -- antiques, country primitives, candles, collectibles and more. Click Here to download an entry form for a drawing to win $75 in merchandise from Amelia's. We have a $20 gift certificate for $10.
A car has reportedly run into a pole at 2 Munger St.. A minor injury -- to the driver's chin -- is reported. An ambulance has been dispatched.
UPDATE: Unsure of the function of the pole, but it is broken and will need to be replaced. The village has been notified.
There is a house fire at about 19 Maple Street. City fire crews are on scene.
Smoke began pouring out of the front of the house a little before the first 911 call at 8:14 p.m. and the smoke detectors could be heard throughout the neighborhood.
At one point, the front living room of the multi-unit complex burst into flames, but fire fighters already had a hose in place and quickly doused the flames.
Engine 12 reports fire knocked down and now checking for extensions.
UPDATE: I spoke to a resident of the complex. She said the mother in Apt. #2 was cooking and a pan caught on fire. She tried carrying it outside, dropped it and then tried kicking it. The woman I spoke to, who did not want to be identified, said the woman grabbed her baby and carried her out to the front lawn. The woman I spoke to then grabbed her broom and tried pushing the pan out the door. Eventually, the two women got the pan out the door. The baby is OK. The mother reportedly suffered burns on her hands. She and the baby have been transported to the hospital for evaluation.
Pictured above, Jerry Smith, Jr., Kenneth Griffith, Edward Woods and James Soggs from Batavia Youth Football. They wanted their picture on the home page of The Batavian, so here it is!
Congratulations to Scott DeSmit, Tom Rivers and Joanne Beck of the Batavia Daily News for their Associated Press writing awards.
DeSmit won a first place award for three of his columns.
Rivers won three awards. He will receive a second-place award for his columns, a second place for beat reporting, and an honorable mention for his series on farm labor.
Beck receives a second-place award for columns and a third-place for continuing coverage of the city ambulance service issue.
The awards will be presented Sept. 23 in Syracuse.
I wish somebody had tipped us to the new grocery store opening in Pavilion.
It's the kind of local entrepreneur story I like -- seeing a need, seeing an opportunity and taking action.
The store is being opened by Jeff and Vicki Kingdon, a Pavilion couple with no prior grocery store experience.
And it raises the question: If an entrepreneur is willing to take a chance and open a grocery store in Pavilion, why can't somebody do the same thing in Downtown Batavia?
There's some great retail space vacant downtown. There's no reason for it to remain empty.
Sixteen people were arrested Friday night at the Blink 182 concert at Darien Lake Theme Park.
Charles J. Cook, 18, of 5 Cherry Lane, Orchard Park, charged with trespassing for allegedly jumping a fence to enter the concert venue.
Brett A. Causyn, 18, of 6596 Warboys Road, Byron, charged with trespassing for allegedly jumping a fence to enter the concert venue.
James W. Causyn, 19, of 6596 Warboys Road, Byron, charged with trespassing for allegedly jumping a fence to enter the concert venue.
A 17-year-old from Byron charged with trespassing for allegedly jumping a fence to enter the concert venue.
A 17-year-old charged with harassment for allegedly striking a security guard on the head.
Joel P. Proulx, 20, of 2730 Upper Mountain Road, Sanborn, charged with unlawful possession of marijuana.
A 17-year-old was charged with unlawful dealing with a minor and unlawful possession of marijuana after allegedly providing marijuana to a 14-year-old.
Thomas Gardner, 20, of 52 Woodshire North Road, Getzville, charged with unlawful possession of marijuana.
Daniel Myers, 21, of 88 Candlewood Lane, Williamsville, charged with unlawful possession of marijuana.
John J. Coppa, 18, of 9 Haverhill Road, Churchville, for unlawful possession of marijuana.
Nicolas Lacolla, 20, of 112 Heather Lane, Scottsville, charged with unlawful possession of marijuana.
Seth M. Evans, 19, of 2 Durham Circle, Fairport, charged with possession of alcohol by a person under age 21.
A 17-year-old from Fairport charged with possession of alcohol by a person under 21.
Justin M. Hamm, 21, of 90 S. S. Ellington Ave., Depew, charged with trespass for allegedly re-entering the concert venue after being kicked out. He was jailed on $200 bail.
Erin L. Falzarano, 31, of 1033 Keyes Ave., Schenectady, charged with petit larceny for allegedly stealing items from the concert venue. Falzarano was jailed on $250 bail.
John T. Plakas, 19, of 2045 Arcona Court, Niskayuana, charged with petit larceny for allegedly stealing items from the concert venue. Falzarano was jailed on $250 bail.
A truck and motorcycle have hit at the intersection of Indian Falls Road and Little Falls Road, but the motorcycle rider is reportedly up and walking around.
An ambulance is responding.
UPDATE 10:47 p.m.: First responders are reporting no injuries.
A "general alarm of fire" has been sounded at 5 City Centre, the Girl Scouts of America. City fire crews are responding.
A person at the office tells dispatch that there is nothing showing. Dispatch also reports other alarms sounding in the building.
It's a beautiful evening and the vendors are getting all set up, so come on out for Summer in the City in Downtown Batavia.
An organization that specializes in helping under-served rural communities improve medical care has agreed to open offices in the new med-tech center under construction on Steven Hawley Drive, accross the street from GCC.
The Batavia-based Western New York Rural Area Health Education Center (R-AHEC) is a non-profit independent organization that creates community partnerships to educate and place health care professionals in under-served rural areas.
Additionally, UMMC has received a "certificate of need," allowing it to sign a long-term lease at the new facility.
As a not-for-profit community hospital, UMMC is regulated by the state and is required to seek approval for projects involving expansion of services or renovations to its facilities.
The approval will allow UMMC to move its two physical therapy operations into a single, more modern and high-tech space with improved handicapped accessibility.
Overnight, a witness observed somebody entering parked cars along Cedar Street and called police.
Police officers E.E. Bolles and Frank Klimjack located the suspect on East Avenue and allegedly found him with the fruits of his crime -- items taken from a parked vehicle, including a bottle of prescription medicine.
Charged with petit larceny and possession of a controlled substance was Benjamin Evans, 20, of 11 S. Main St., Batavia.
Evans was arraigned before City Court Judge Michael Del Plato and bound over on $3,000 bail.
Carlson's Studio, 39 Jackson Street, Batavia, N.Y. Family photos are more than just photographs. When you need photos for that special occasion, Carlson's is a great choice in Genesee County. We have a $100 gift card for $50 (with $2 PayPal fee).
Adam Miller Toy & Bicycle, 8 Center St., Batavia, N.Y.: Here's a toy store suitable for your own fun, or your children's. From models to bikes, from board games to outdoor games, Adam Miller is just a fun place to shop. We have a $25 gift certificate for $12.50.
T.F. Brown's, at 214 E. Main St., Batavia, N.Y.: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. When you need to book your next party, think T.F. Brown's. See the ad on the right side of the page for contact information. We have a $20 gift card for $10.
O'Lacy's Irish Pub, 5 School St. Batavia, N.Y.: In Irish pubs, it doesn't get more authentic than O'Lacy's. Be sure to try the homemade chips. We have a $25 gift certificate for $12.50.
Alex's Place, 8322 Park Road, Batavia, N.Y.: An institution in Batavia, Alex's offers a great dining experience, whether you're in the mood for prime rib, ribs or seafood. We have a $50 gift certificate for $25.
Center Street Smoke House, 20 Center St., Batavia, N.Y.: Ribs, brisket, steak, prime rib -- Center Street is a meat lover's paradise. We have a $25 gift card for $12.50.
NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.
All items sold for today.
A "rural justice attitude" will prevent at least one of the defendants in the June 18 Elba bank robbery from getting a fair trial in Genesee County, according to Batavia defense attorney Thomas Burns.
Burns is defending Matthew J. Wells, who is accused, along with two other men from Buffalo, of robbing the M&T Bank branch in Elba, making off with at least $10,000 in cash, and then leading local law enforcement on a five-hour manhunt (with Wells being the final suspect caught).
In papers filed Thursday, Burns cites extensive media coverage of the robbery and manhunt, with special attention on The Batavian, as part of his change of venue motion.
Comments made by readers on The Batavian, as well as quotes from local law enforcement officials cited in coverage on The Batavian, indicate, according to Burns, that local jurors would be prejudiced against his big city client.
Among the five reader comments Burns includes in his brief is this one by Jeff Allen left the day after the robbery:
"Let's give major kudos to our local law enforcement agencies. The fact is these thugs thought that driving out to a hick town near a Thruway exit would be an easy knock off and escape back to the city. They got a quick introduction to rural justice. The only question that loomed yesterday was who would get them first, the police or a ticked off land owner with a shotgun! Great work everybody (Howard included), you did our area proud!"
Burns also cites quotes from Chief Jerome Brewster of the Genesee County Sheriff's Office and District Attorney Lawrence Friedman in The Batavian suggesting the suspects thought a rural bank might make an easy target.
His change of venue motion rests on three key points:
But it's the news coverage of The Batavian, and the comments on posts, that take up the bulk of the motion by Burns.
The attorney argues that the nature of media has changed, making the case for venue change even more compelling. The last change of venue granted was made by a local appellate court in a 1983 murder case. The trial was moved from Livingston County to Monroe County out of concern for "rural justice" attitudes and local media coverage.
"It is submitted that widespread use of internet news services will require courts to carefully assess the impact of instantaneous news reporting from on-line news services upon small rural counties reacting to high-profile crimes," Burns writes.
"It is reasonable to conclude that the Fourth Department Justices grappling with the Acomb, supra, decision in 1983 would have found the extent of localized publicity significantly increased had that decision been made after 1992, when the internet became widely accessible to the public, and even more so today where internet news sources saturate homes and businesses with instantaneous news of local concern and provide interactive content with subscribers and readers. Of the news services cited herein only the traditional print media and Time Warner services require reader/viewers to pay a fee. 'The Batavian' cited at length in this affirmation is available 24 hours per day without fee. In contrast, in Acomb, it is believed that media resources were exceedingly limited when compared to today's media outlets."
Burns also cites "extensive negative press" following bail review hearings for co-defendants Demone Dillon and Dennis Abrams as the reason he didn't seek bail for his client. Both Dillon and Abrams were offered bail of $250,000 and bond of $500,000 following hearings in which both defense attorneys and the prosecution discussed details of the cases at length. Following both hearings, written and verbal confessions were made available in the public case files. The Batavian reported details of the June 18 events from these sources.
District Attorney Lawrence Friedman said he doesn't believe Burns will win his motion and that it's premature for a change of venue motion because jury selection hasn't even started yet.
"Normally, you wait until you select a jury and then document the difficulty in doing so because of pre-trial exposure," Friedman said.
Friedman, who said he regularly follows local law enforcement cases on The Batavian, said it's rare for media coverage to impact the ability of attorneys to impanel an impartial jury and that it's too soon to say if new media is going to make that job harder.
Burns agreed that it may seem early to file a change of venue motion, but he said court rules compel him to file all of his motions within a certain time frame. In order to preserve the rights of his client, he said, he had to file the motion before today.
On behalf of Wells, Burns filed several other motions Thursday, including one to suppress any statements Wells made after his arrest.
Burns contends that Wells was not read his rights for more than two hours after his arrest. During that time, Burns states, Wells expressed a desire to remain silent and to speak to an attorney, but investigators kept pressing Wells to talk. Wells was arrested at 2:51 p.m., but it wasn't until 5:35 p.m., when a written confession was placed before Wells to sign, that he was read his Miranda rights.
Burns also claims there is a lack of reliable eyewitness testimony to place Wells at the Elba bank. The witnesses can only describe the robbers as black, Burns contends, and cannot positively identify Wells as one of the men inside the bank.
These facts call into question the evidence provided to the Grand Jury that led to the indictment of Wells on the bank robbery charges.
Burns also tipped his hand on a possible defense. Wells, in his defense, will assert "lack of knowledge and understanding of the criminal activity as a result of duress or improper influence by one or both of the co-defendants."
The change of venue motion was filed with the New York Supreme Court, Appellate Division, Fourth Department. The other motions were filed with Judge Robert Noonan in Genesee County. Noonan will hear arguments for the motion at 10:30 a.m. on Sept. 8. There's no word on when the appellate division might issue its ruling.
Previously:
One of my favorite blogs about rural issues, the Daily Yonder, carries this:
What promised to be a consensus-building search for solutions for American’s unsustainable fragmented health problems has turned into a debacle. Make no mistake about it, this is the fault of the President — no one else. I say this as a supporter of President Obama. I’m a lifelong Democrat. I voted for Barack Obama with enthusiasm and I still have his bumper sticker on my car and pickup truck.
And
I can tell you that his first mistake was to discount the good advice he was getting from rural Senators on both sides of the aisle. Obama is an urban president and he’s been looking to the coasts for direction. He should be looking more to the Plains.
Read the whole thing. It's a disappointing and disturbing assessment. If the president really screwed the pooch on health care, it will cast a pall on the next three years of his presidency. That's not good for the country, whether you like the president or not or are a localist or a nationalist or not.
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