notify

PHOTO (9:32 a.m.): Det. Kevin Czora worked into the evening to establish a relationship with the man who had barricaded himself in an apartment on Liberty Street and came back this morning and resumed the conversation. He spent at least 90 minutes talking to the man before the subject slowly came out and Czora then coaxed him around the corner of the house and then walked him down the street, with the assistance of only one other officer, and into a waiting ambulance. The man was clearly fearful of both the other people around and the environment (he looked up at the sky and all around him at least once).

UPDATE 9:21 a.m. (By Billie): City fire units on Liberty Street are clearing the scene; back in service.

BREAKING -- 8:50 a.m., Nov. 19

Howard Owens has just reported that the suspect is out of the house and is being placed into an ambulance by law enforcement and EMT personnel.

Also, Jackson Primary School is in session; school official reports "business as usual."

Prior to the end of the standoff, the school district sent a telephone message to parents informing them of the situation, noting that bus service would be at St. Anthony's for those living on Liberty Street.

Watch for more updates and photos. The Batavian will have exclusive video of the subject being coaxed by Det. Kevin Czora from the house and walked to an ambulance.

----------------

Previously:

Nov. 18, 4:18 p.m.

Batavia City Police Chief Shawn Heubusch reported that the man barricaded inside of a house at 209 Liberty St. has fired several shots at police with a pellet gun and is refusing to come out peacefully.

"Our patrols responded to an address (about two hours ago) on Liberty Street for a domestic disturbance situation," Heubusch said. "Upon arrival, there's this male subject in the upstairs apartment that has barricaded himself in and is refusing to come out. He has a pellet rifle or pellet gun that he is shooting at us, if you will.

"Right now we're working through the process of trying to get him to come out and talk to us."

Heubusch said that the victim of the alleged dispute (the man's girlfriend) is no longer inside the house and the downstairs neighbor also has been evacuated.

He added that police are "working with the (Batavia City) school district, busing the children from Jackson (School) and making sure the kids stay safe and there's no traffic in the area."

"We're keeping the kids away from the area and keeping the neighbors indoors at this point until we can get the subject in custody."

According to David Zanghi, the downstairs tenant, the incident started when the upstairs tenant (name being withheld at this time) punched his girlfriend in the right eye and took some of her prescription drugs. Zanghi said the suspect also is in an intoxicated state.

"He's got a sword and a BB gun, and he's already shot out a couple windows," Zanghi said. "They (police) won't go in there until they get a warrant; that's what the police told me."

Previously (3:12 p.m.) (by Billie):

A man who was reported to dispatch for allegedly carrying a sword while walking down Liberty Street in the City of Batavia is barricaded in one of three houses cordoned off by police.

The incident began about an hour ago and police immediately established a perimeter around the Liberty Street trio of homes.

Jackson Primary School at 411 S. Jackson St. was put on lockout -- meaning no one is allowed to enter or exit until the scene is secure.

UPDATE 3:26 p.m.: The students have been dismissed and have boarded buses.

UPDATE 9:30 p.m. (by Howard): The standoff continues. Chief Shawn Heubusch said a little while ago that law enforcement is prepared at this point to wait as long as they must for the man in the house to exit on his own safely. The Orleans County SWAT team responded to the incident about 7:30 p.m. and at about 8 p.m., once in position around the house, fired a volley of CS gas canisters into the house. The suspect did not exit the house and there was no communication between law enforcement and the subject for at least 45 minutes, at which point negotiations began again. Heubusch said he's reluctant to send in officers to try and apprehend the suspect because that could lead to serious consequences for either the suspect or an officer and the goal is to ensure there are no serious injuries or fatalities. Trying to make entry could force a confrontation that would require an officer to take decisive action. (We'll post a video and photos later.)

UPDATE 10:53 p.m. (by Howard): Heubusch just confirmed that about three hours ago the suspect tried to stab "Frankie," the K-9 of Deputy Chris Erion. The attempt was unsuccessful. Frankie was not injured.

UPDATE 6:09 a.m. Nov. 19 (by Howard): The individual is still barricaded in the apartment. Law enforcement is still waiting him out. The Monroe County Sheriff's Office has provided additional manpower to provide relief for officers who had been on scene for hours. The contingent from MCSO includes a negotiator who has been trying to talk with the subject. From about 2:20 a.m. to 3 a.m., he did not respond to repeated requests to speak and shortly after 3 a.m. he responded to the officer. The Batavian is continuing to withhold publication of photos and video until the situation is resolved.

A man who was reported to dispatch for allegedly carrying a sword while walking down Liberty Street in the City of Batavia is barricaded in one of three houses cordoned off by police.

The incident began about an hour ago and police immediately established a parameter around the Liberty Street trio of homes.

Jackson Primary School at 411 S. Jackson St. was put on lockout -- meaning no one is allowed to enter or exit until the scene is secure.

UPDATE 3:26 p.m.: The students have been dismissed and have boarded buses.

Stephen Anthony Marazita, 37, of North Lake Avenue, Bergen, is charged with criminal tampering in the second degree. Marazita was arrested at 8:49 p.m. on Nov. 14. It is alleged that he tampered with his electric meter to turn power back on at his residence after it was shut off. He was arraigned in Bergen Town Court and released on an appearance ticket. He is due to return to court on Nov. 20. The case was handled by Genesee County Sheriff's Deputy David Moore.

Phillip Sanders Brunson, 32, of an unspecified address in Gowanda, is charged with two counts of second-degree harassment. Brunson was arrested on  Nov. 14 in regard to an incident that occurred on Nov. 24, 2016. He allegedly slapped and spit in a female's face and shoved another female during a domestic incident on Maple Street in the City of Batavia. He was arraigned in Batavia City Court. (His disposition afterward was not provided.) The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

A 17-year-old female who lives in Batavia was arrested on Nov. 7 after an incident that occurred the day before outside a residence on Hutchins Place in Batavia. The girl allegedly threatened to harm people while holding a baseball bat. She was issued an appearance ticket and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Jason Davis.

Kaleb James Bobzien, 21, of Dellinger Avenue, Batavia, is charged with second-degree criminal contempt. Following an investigation of phone calls made from recorded jail phones, Bobzien was arrested on Nov. 18. It is alleged that he violated a stay away order of protection issued by Batavia City Court. He is due back in court on Nov. 26. The case was handled by Batavia Police Officer James Stack, assisted by Officer Dennis Bartholomew.

Jahmaal Lee Barnes, 19, of Batavia Stafford Townline Road, Batavia, is charged with third-degree burglary and fourth-degree grand larceny. Barnes was arrested at about 8 p.m. on Nov. 16 and arraigned in Batavia Town Court. It is alleged that at 11 a.m. on Nov. 14 that Barnes entered an apartment on Batavia Stafford Townline Road and stole the resident's debit card. Barnes was released under supervision of Genesee Justice and is due back in Batavia Town Court on Dec. 16. The case was investigated by Genesee County Sheriff's Deputy Nicholas Chamoun.

Now that a new 40-year sales tax agreement is in place, the County Legislature is ready to move forward with designing and building a new jail on land next to County Building #2.

Assistant County Manager Matt Landers presented an anticipated budget for the new facility with an anticipated expense of $60,000,000 at a Committee of the Whole meeting on Wednesday night.

The proposed jail will hold 184 beds in four pods, giving the jail staff space to keep separate jail populations for men and women as well as threat level, mental health issues, or substance abuse issues.

The location is off West Main Street Road in Batavia. 

The actual construction costs are an estimated $49,763,323 million: with more than $2 million in expense for design; $2 million for furnishings; $1.2 million for bonds and insurance payments; $1.2 million for a construction manager; more than $1 million in additional expenses for planning and development; plus $1.8 million set aside for unexpected costs.

Construction will be funded by bonds, which will be paid back over 30 years by the sales tax revenue that has been shifted away from villages and towns as part of the new state-approved sales tax agreement.

Chairman Robert Bausch said that under this plan, there would be no need to raise property taxes to help pay for the jail.

Bausch also noted that the county's consultant initially projected, based on county inmate trends, that Genesee County would need a 215-bed facility but that a new bail reform law is expected to reduce the demand in the county for inmate beds.

However, there is room available on the proposed jail site to add two additional cell blocks if the need arises.

If sales tax revenue falls short in the coming years, Landers noted, there is other county debt that will retire and revenue now going to pay those expenses can be reallocated to the jail debt if necessary.

With the new jail, the county will be able to go from being a tenant in other agencies' facilities -- all female inmates are housed at other jails in the region -- to being a landlord for other counties, the state or the feds.

"Local counties, the federal government, the state, are all short of space right now," Bausch said.

Revenue from other jurisdictions will cover some of the jail's ongoing operating expenses.

Legislators Shelly Stein, Gary Maha, and Gregg Torrey all spoke in favor of proceeding with the proposal.

"I served on the new jail committee," Stein said. "The details were combed through, and it is my recommendation that we proceed with 184 beds ... To not hit property taxes," she added, "is a major win for what we've done together as a legislature."

The need for a jail is beyond dispute, Maha said. 

"I'm not fond of spending $60 million," Maha said but the current jail is in bad shape, is landlocked, and the state is demanding a new facility in compliance with state standards.

"This is the county's responsibility and we have to get a jail done, and we have to do it right," Maha said.

Torrey agreed with Maha and said, "we have one chance to do it right. We hired a consultant, and I think it's best to follow what they recommend we do."

Photo: Members of the legislature listen to incoming Legislator (not in frame) Christian Yunker on his thoughts about the new jail, which he also supports.

CORRECTION: The bonds will be paid back over 30 years, the maximum time period for bond payback under state law.

Devon A. Wright, 18, of Highland Park, Batavia is charged with: second-degree harassment -- physical contact; fourth-degree grand larceny -- taking property from a person; and endangering the welfare of a child less than 17. Wright was arrested on Nov. 10 following an incident with a juvenile that occurred at Batavia City Centre at 10 a.m. that day. Wright allegedly stole an envelope containing cash from the pant pocket of a juvenile, and then grabbed the person by the wrist, causing them to feel threatened and fear physical harm. Wright was arraigned at 9:37 p.m. in Batavia City Court and jailed without bail. Wright was due back in city court on Nov. 12. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Sean Wilson.

Casey Lynn Fitch, 30, of North Spruce Street, Batavia, is charged with: having unsafe tires; moving from lane unsafely; leaving the scene of a property damage accident; driving while intooxicated; and DWI with a BAC of .08 percent or higher. Fitch was arrested following a hit-and-run property damage accident that occurred at 9:11 p.m. on Nov. 7 on Naramore Drive in Batavia. Fitch was transported to Batavia Police Department and processed, then issued traffic tickets. She is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Stephen Quider.

William C. Hofert, 60, of Dewey Avenue, Batavia, is charged with driving while intoxicated and refusal to take a breath test. Hofert was arrested on Nov. 5 following an accident that occurred at 10:03 p.m. on Dewey Avenue. He allegedly drove a vehicle while intoxicated and struck parked cars. He was issued traffic tickets and released and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Miah Stevens.

Thomas Scott Flower, 47, of West County House Road, Albion, is charged with: aggravated unlicensed operation in the first degree; operating a motor vehicle with a BAC of .08 percent or more; driving while intoxicated; and speed not reasonable and prudent. At 9:08 a.m. on Nov. 12, following the investigation into a one-car accident on Knowlesville Road in Alabama, Flower was arrested on the charges. He was released on appearance tickets and   is due in Alabama Town Court on Nov. 27. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Alexandrea Lea Fitzwater, 33, of Church Street, Medina, is charged with aggravated unlicensed operation of a motor vehicle in the third degree, petit larceny and sixth-degree conspiracy. Fitzwater was arrested on Nov. 12 following in investigation into a larceny that occurred at Kohl's department store in Batavia during the afternoon of Sept. 8. She was issued appearance tickets and is due in Town of Batavia Court on Dec. 5. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon.

         Eric Olverd

Eric James Olverd, 47, of Wallace Street, Batavia, (inset photo, right) is charged with: obstruction of governmental administration; resisting arrest; two counts of reckless endangerment; second-degree assault with injury to a victim over age 65; second-degree harassment; criminal mischief, and endangering the welfare of a child. Olverd was arrested at 7 p.m. on Sept. 15 on Wallace Street following a domestic incident. He was jailed in lieu of $5,000 cash bail or $10,000 bond. He was due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Sean Wilson.

Darrell Smith, 52, of Highland Park, Batavia, is charged with third-degree assault. Smith was arrested at 9:33 p.m. on Sept. 16 on Highland Park. He allegedly punched a person in the face, causing injury. Smith was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on Oct. 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

John Joseph Saddler Jr., 32, of Orange Grove Drive, Batavia, is charged with criminal contempt in the second degree and disorderly conduct. At 1:44 p.m. on Sept. 17, Saddler was arrested while standing in front of Judge Robert Balbick in Batavia City Court after being warned not to use obscene language in the courtroom. He allegedly continued to use obscene language, causing a disruption in the courtroom. Saddler was arraigned in city court by Judge Durin Rogers then put in Genesee County Jail in lieu of $2,000 cash bail. He is due back in city court at 1 p.m. this afternoon (Sept. 18). The case was handled by Genesee County Sheriff's Sgt. Jason Saile.

Michael S. Carter, 33, of Eagle Harbor Road, Albion, is charged with operating a motor vehicle with a BAC of .08 percent or more, driving while intoxicated and failure to keep right. Batavia Police Officer Peter Post arrested Carter at 2:37 a.m. on Sept. 7 on East Main Street in the City of Batavia. He was released on an appearance ticket for this morning (Sept. 18) in Batavia City Court but held at the Genesee County Jail on a violation of parole warrant. Officer Arick Perkins assisted in the case.

Jacqueline R. Garrett, 40, of Church Street, Le Roy, is charged with illegal use of toxic vapors. Garrett was arrested after she was allegedly observed inhaling a toxic substance while in public at 11:53 a.m. on Sept. 16. The incident location is Eastown Plaza on East Main Street in the City of Batavia. She was processed at Batavia Police Department and released on an appearance ticket. She is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

A 17-year-old male who lives in Batavia was arrested on Sept. 14 by Batavia Police Officer Peter Post and charged with second-degree harassment. At 6:46 p.m. on Sept. 9 on Ellicott Street in Batavia, the male allegedly had unwanted contact with a person. He was released on an appearance ticket and is due in Batavia City Court on Sept. 24. Batavia Police Officer Marc Lawrence assisted with the case.

Randy S. Turner, 63, of Burke Drive, Batavia, is charged with having a dog that was running at large. He was arrested following an investigation of a complaint that he allegedly allowed his family's dogs to run at large at 6:15 p.m. on Aug. 29 onto a neighbor's property on Burke Drive. He was issued an appearance ticket and is due in Batavia City Court on Sept. 24. The case was investigated by Batavia Police Officer Sean Wilson.

Kakeen K. Ithna-Asheri, 59, of East Main Street, Batavia, is charged with petit larceny. The defendant was arrested at 12:34 p.m. on Sept. 15 after he allegedly stole a package of batteries from a store on East Main Street in Batavia. He was released on an appearance ticket and was due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Kevin DeFelice.

Steve B. Nesbitt, 34, of Holland Avenue, Batavia, is charged with owning an unlicensed dog. He was arrested at 1:44 p.m. on Sept. 16 on Holland Avenue, then released on an appearance ticket. He is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

Jesse Daniel Bowman, 27, of Vine Street, Batavia, turned himself at Batavia Police Department Sept. 15 on a warrant out of Batavia City Court. He was arraigned at 10:39 a.m. in city court, then released on his own recognizance. He is due to return to court on Oct. 3. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

A resident at 511 Ellicott St., Batavia, was seriously hurt in a 1:57 a.m. fire, according to City Fire Chief Stefano Napolitano.

The woman was rescued from a second-floor bedroom by firefighters shortly after the alarm came into City Station.

It took city crews about three minutes to arrive on scene, Napolitano said.

The victim was transported to UMMC by Mercy EMS and then transferred to Strong Memorial Hospital. Napolitano said he believed her to be in critical condition with lung damage.

Her name has not yet been released.

The fire may have started in the kitchen area, cause unknown at this time, but the fire is still under investigation, the chief said.

When the first crew arrived, heavy smoke and flames were showing from a first-floor window on the east side of the structure. Firefighters made an aggressive initial attack, he said, while other firefighters used a ladder to reach a second-floor window to rescue the woman who was trapped upstairs.

Five adults and one child lived in the two apartments, according to the chief, and the four other adults and the child escaped the fire unharmed.

All have been provided shelter by the Salvation Army and the American Red Cross will provide further assistance.

One apartment unit is still habitable, the chief said, but all utilities were cut off during the fire and have not yet been restored.

The fire quickly went to a second alarm and additional city crews responded. Alexander Fire's Fast Team also responded along with a heavy rescue truck from Le Roy Fire Department to assist with refilling air bottles. Town of Batavia fire filled in at the city fire station to cover city calls during the incident.

Batavia PD and Batavia DPW also assisted at the scene.

Photos by Frank Capuano.

Dustin Wayne Bogue, 37, "address unknown," (inset photo, right) is charged with: first-degree robbery; second-degree menacing; criminal possession of a weapon in the third degree; and criminal possession of stolen property in the fifth degree. At 1:51 a.m. on Sept. 14, Batavia police responded to Speedway at 204 W. Main St. in Batavia for the report of a robbery. Bogue was later arrested on the charges following an investigation. He was arraigned in Batavia City Court and jailed without bail. He is due in Batavia City Court at 11 a.m. on Sept. 19. The case was investigated by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Taylor S. Wyder, 25, of Alleghany Road, Alabama, is charged with unlawfully dealing with a child in the first degree, a Class A misdemeanor. Following the investigation into a complaint of an adult serving alcohol to a minor at 1 a.m. on Sept. 16 on Alleghnay Road in Alabama, Wyder was arrested, then released on his own recognizance. An order of protection was issued against Wyder favor of the victim. Wyder is due in Alabama Town Court on Oct. 3. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Colby L. Ellis, 30, of West Academy Street, Albion, is charged with second-degree criminal contempt. Ellis was arrested at 4:35 p.m. on Sept. 13 on Apollo Drive in Batavia. He allegedly violated a stay-away order of protection during a traffic stop in the parking lot. He was arraigned in Batavia City Court at held on unspecified bail. He was due in Batavia City Court this afternoon (Sept. 16). The case was handled by Batavia Police Officer Mitchell Cowen.

Schnell Alexandria Ogletree, 30, of Eagle Lane, Canillus, is charged with: aggravated unlicensed operation in the first degree; driving while ability impaired by drugs; criminal possession of a controlled substance in the seventh degree; aggravated unlicensed operation in the second degree; speeding; and unlawful possession of marijuana in the second degree. At 9:14 a.m. on Sept. 14 on Clinton Street Road in Stafford following the alleged observation of a vehicle and traffic observation. She was subsequently arrested on the charges. She was taken to Genesee County Jail and evaluated by Genesee County Sheriff's Deputy Richard Schildwaster, a certified drug recognition expert. She was issued appearance tickets and is due in Stafford Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Ryan DeLong, and also aided by Deputy Ryan DeLong and Deputy Chris Erion.

Jesse James Smoody, 43, of 8th Court, Westfield, Wis., is charged with aggravated driving while intoxicated -- with a BAC of .18 percent or more, and DWI. At 1:13 a.m. on Sept. 15, Smoody was arrested on Byron Holley Road in Byron following the welfare check on a male who had fallen off his morocycle in the parking lot of a convenience store. He was arrested and released on appearance tickets for Oct. 21 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

Matthew C. Olcott, 40, of North Spruce Street, Batavia, is charged with seventh-degree criminal possession of drugs and criminal use of drug paraphernalia in the second degree. Olcott was arrested at 1:16 p.m. on Sept. 12 on Osterhout Avenue in Batavia after a search allegedly led to the discovery of narcotics paraphernalia. Olcott was taken to Batavia Police Department and processed, then released on an appearance ticket for Sept. 17 in Batavia City Court. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Adam Tucker. 

Michael S. Colombo, 39, of Batavia, is charged with second-degree assault on an officer/firefighter/EMT. On Sept. 1, Mercy medics were transporting Colombo to Wyoming County Community Hospital when he allegedly became combative in the ambulance. He is accused of punching both EMTs in the face with a closed fist, causing injuries. He was later taken into custody and allegedly found to have an active arrest warrant for two counts of second-degree assault by the Batavia Police Department and the Wyoming County Sheriff's Office. Colombo is accused of head butting a Batavia Police officer during the exchange of custody, but he did not injure the officer. Colombo was arraigned in Warsaw Town Court and put in Wyoming County Jail on $25,000 cash bail or $50,000 bond. He is due to return to Warsaw Town Court on Sept. 16. The case was handled by WC Deputy Nowack and Deputy Houghton.

Kishonti D. Williams, 27, of Batavia, was arrested at 8:58 a.m. on Sept. 9 following a traffic stop by Wyoming County Sheriff's deputies on Route 246 in the Town of Perry. Deputies stopped him after allegedly observing him attempting to pass another vehicle on the right side as it was heading northbound. He is charged with aggravated unlicensed operation in the second degree. It is also alleged that he has 10 active suspensions on his driver's license. He is due in Town of Perry Court on Oct. 16. The case was handled by Wyoming County Sheriff's Deputy Daniel J. Kemp.

Sophie McGowan Cegielski, 18, of Pine Street, Oakfield, is charged with petit larceny. At 3:20 p.m. on Sept. 12, Cegielski was arrested at Oakfield-Alabama Central School on Lewiston Road in Oakfield. She is accused of stealing property out of another student's bag during after-school hours on Sept. 11. She was issued an appearance ticket and is due in Oakfield Town Court on Sept. 23. The case was handled by Genesee County Sheriff's Deputy David Moore.

From Alecia Kaus/Video News Service:

Malik I. Ayala, 27, of Walnut Street, Batavia, was to be sentenced on this afternoon (Sept. 12) in Genesee County Court, but he did not show up.

Public defender Jerry Ader told the court he could not appear today because he was admitted to an inpatient treatment program called Reflections at the Eastern Niagara Health System in Lockport.

The program is a chemical dependency treatment program available to adults ages 18 and over to help them recover from dependence on alcohol or other drugs. The program provides short-term treatment services.

Ader asked Judge Charles Zambito for an adjournment.

Ayala will remain at the inpatient facility until Oct. 2^nd.

Ayala has already accepted a plea deal and pled guilty to a charge of third-degree burglary, a class D felony.

He was picked up on Nov. 15 in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.

The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.

After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.

TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision last month. TeeSean pled guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.

Due to Malik I. Ayala’s criminal history, First Assistant District Attorney Melissa Cianfrini opposed the adjournment today.

“We feel he is a second felony offender, prison is mandatory, we are opposed to this adjournment,” Cianfrini said.

Judge Zambito explained that there was no commitment on sentencing and that Ayala was not recommended for the inpatient treatment.

“The fact (is) that he is in treatment; we will adjourn until afterwards,” Zambito said.

The new sentencing schedule is 9:15 a.m. Oct. 3.

Darel D. Tingue, 29, of Main Street, Arcade, is charged with: trespass; criminal possession of a controlled substance in the seventh degree; and criminal possession of a controlled substance in the third degree. Tingue was arrested on Sept. 10 after allegedly causing a disturbance at UMMC. He was asked to leave and not return, but he allegedly did return and was arrested at 10:01 a.m. for trespass. He was found at the time to allegedly possess a controlled substance and cocaine. He was arraigned in Batavia City Court and jailed on $10,000 cash bail or $20,000 bond. The case was handled by Batavia Police Officer Darryle Streeter.

David Allen Bogue, 52, of Maple Street Road, Basom, is charged with driving while intoxicated and failure to keep right. Bogue was arrested at 2:58 p.m. Sept. 10 on Lewiston Road in Batavia after the investigation of a one-car accident. He was issued an appearance ticket for Oct. 24 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Travis DeMuth.

Jason R. Anderson, 38, of South Main Street, Batavia, is charged with criminal possession of a weapon in the third degree -- with a previous conviction. Anderson was arrested following a Probation residence check at 12:09 p.m. Sept. 7 at his apartment on South Main Street. He was issued an appearance ticket and was due in Batavia City Court Sept. 10. The case was handled by Batavia Police Officer Miah Stevens.

Nicole Lee Woodruff, 39, of South Academy Street, Medina, is charged with petit larceny. At 5:54 p.m. on Sept. 11, Woodruff was arrested for allegedly stealing property from Sally Beauty Supply in the Towne Center at Batavia on Veterans Memorial Drive. She was released on an appearance ticket for Sept. 26 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Eric Meyer.

Keriann Barbaritz, 40, of Pratt Road, Batavia, is charged with petit larceny. At 2:45 p.m. on Sept. 10, Batavia police were requested for a shoplifting incident at a business on West Main Street in the city. Barbaritz was arrested, processed at the scene and released on an appearance ticket. She is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Davis.

Rae Charlene Cook, 30, of East Main Street, Batavia, is charged with petit larceny. She was arrested as a result of an arrest warrant issued by Batavia City Court for this alleged incident which occurred at 3:57 p.m. Aug. 26 on East Main Street in Batavia. She was arraigned in city court on Sept. 11 and jailed in lieu of $250. She was due back in court this morning (Sept. 12). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Peter Post.

A 29-year-old resident of Holley and an alleged accomplice are accused of stealing $75 worth of Reese's Peanut Butter Cups from the Top's Market in Batavia this morning.

Kay E. Dilker is charged with petit larceny. Also arrested was 37-year-old Joseph Turner (charges not specified in the press release and no address provided).

Batavia PD was dispatched at 11:05 a.m. for a report of a shoplifting in progress at Tops.

When patrols arrived, Dilker and Turner reportedly tried to evade police by jumping over a fence and into the yard of a residence on Redfield Parkway.

Once apprehended, the duo was allegedly found in possession of a large bag of peanut butter cups.

Dilker was jailed on $2,500 bail or $5,000 bond. Turner was released under supervision of Genesee Justice.

The case was investigated by officers Adam Tucker and Jason Davis.

    Wesley Thigpen

A 38-year-old Batavia man who is facing a sexual abuse charge along with two criminal-contempt-related burglary charges has a pending plea offer that would cap his prison term at four years, but Judge Charles Zambito would not bring his bail down as much he requested while he considers the plea offer.

Wesley, who was most recently a resident of Ellicott Street, Batavia, is charged with: sexual abuse in the first degree, stemming from an incident reported in May; two counts of burglary, 2nd; a count of criminal contempt, 2nd; and a count of criminal contempt 1st; as well as criminal mischief, 4th.

Under terms of the plea offer outlined by First Assistant District Attorney Melissa Cianfrini, Thigpen would agree to a guilty plea on the sexual abuse charge and a criminal contempt charge. He would also admit to being a second-time felony offender.

Besides a shorter prison term, all of the other charges against him, including pending charges in Batavia and Oakfield, would be dropped.

He was in court today to waive a grand jury presentation on the burglary charges because if he was indicted, the mandatory prison terms would probit the district attorney's office from offering a four-year term cap. Also, the judge would be prohibited from a sentence, upon conviction, of anything less than five to 15 years in prison.

Cianfrini said her office was willing to give Thigpen more time to consider the plea offer but in order to get that time, he needed today to waive a grand jury presentation, which he did.

Under the terms of the deal, Thigpen would be able to make the guilty plea on an Alford basis, which means he pleads guilty without admitting to the facts of the underlying charges. 

When Thigpen came into court, he was being held in jail on $15,000 bail, or $30,000 bond.

His attorney, Mark Lewis, said despite his client's criminal history, he's never failed to show up for a court appearance and turned himself in on these pending charges so bail should be reduced to $2,500, the amount it was on his initial arrest on the sexual abuse charge.

Cianfrini objected to reducing the bail because of the significant prison time associated with the burglary charges, as well as the allegation of new crimes while out on bail previously, and the allegations of criminal contempt indicated, she said, that Thigpen has a problem following court orders.

"He is a considerable flight risk," Cianfrini said.

It's unusual for criminal defendants to speak on their own behalf at bail review hearings, but Thigpen asked to speak and Zambito permitted him to address the court.

"I feel the bail amount is excessive," Thigpen said.

Thigpen said he has maintained his innocence since his arrest and is considering the plea deal only because it was laid out for him in considerable detail what the consequences are if he were convicted by a jury of the all the charges against him. 

"I have no reason to run," Thigpen said. "I've shown up in court over and over again. I've shown I'll show up. I'm not a flight risk."

Zambito expressed concern that when Thigpen was out on bail on the sex abuse charges he allegedly committed other crimes, but that he did deserve some consideration for his court appearance record. He set bail at $10,000 or $20,000 bond.

Rachel M. Grace, 30, of 638 N. Buckeye St., Wooster, Ohio, and Jeremy R. Triesler, 39, of 9318 Lincoln Way East, Orrville, Ohio, were arrested at Darien Lake Theme Park on Alleghany Road in the Town of Darien on Sept. 7. At 7:20 p.m. deputies responded to a criminal mischief complaint. It is alleged that Grace became angry and threw a bucket of water at a food service employee, causing $594.15 in damages. Triesler allegedly became belligerent and used obscene language, which caused a disturbance at the theme park; then he allegedly shoved a security officer when they attempted to intervene. Grace is charged with fourth-degree criminal mischief. Triesler is charged with second-degree harassment and disorderly conduct. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Erik Andre.

James Darrell Hooten Sr., 30, of Sunset Parkway, Oakfield, is charged with obstruction of governmental administration, second-degree harassment and disorderly conduct. At 5:35 p.m. on Sept. 7, while attempting to arrest another subject on a warrant on Sunset Parkway in Oakfield, Hooten Sr. was arrested. He allegedly attempted to prevent the arrest of another person. He is also accused of threatening Genesee County Sheriff's deputies and Probation officers and using obscene language in public. He was released on an appearance ticket and is due in Oakfield Town Court on Oct. 7. The case was handled by Deputy Kyle Krzemien, assisted by Deputy Travis DeMuth.

Nancy M. Storms, 46, of Perry Road, Pavilion, is charged with second-degree harassment -- physical contact. At 7:45 p.m. on Sept. 2, Storms was arrested on North Street in Batavia for allegedly pushing another person during an altercation. She was issued an appearance ticket and is due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Christopher Lindsay.

Lakeisha A. Gibson, 33, of Lewis Place, Batavia, is charged with fourth-degree criminal mischief. On Sept. 3 at 6:42 p.m. Batavia police responded to Lewis Place for a complaint of criminal mischief. Gibson was arrested for allegedly damaging a vehicle window. She was issued an appearance ticket for Sept. 17 in Batavia City Court. The case was handled by Officer Arick Perkins, assisted by Officer Peter Post.

Brian E. Freeman, 46, of Genesee Park, Monroe, is charged with: driving while intoxicated; aggravated DWI -- a BAC of .18 or more; and speeding. Freeman was arrested at 12:37 a.m. on Aug. 31 on Oak Street in Batavia following a traffic stop. He was issued appearance tickets and is due in Batavia City Court on Sept. 11. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Mitchell Cowen.

Joshua M. Gaudioso, 30, of Albion Road, Oakfield, is charged with petit larceny. At 6:42 on Aug. 15, Gaudioso was arrested following a larceny complaint in the Village of Oakfield. He allegedly stole a NYS license plate that did not belong to him. Following his arrest, he was taken to jail then released on an appearance ticket. He is due in Corfu Village Court on Oct. 7. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Ebony S. Sanders, 41, of Lake Avenue, Rochester, is charged with possession of marijuana in the second degree and speeding. On Sept. 3 at 10:30 a.m., Sanders was stopped on Interstate 490 in the Town of Le Roy following the alleged observation of a vehicle/traffic violation. Upon conducting a roadside interview with Sanders, the odor of burnt marijuana was allegedly detected. She was issued an appearance ticket and is due in Le Roy Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Chad Minuto.

Lorie A. Litolff is indicted for the crime of driving while intoxicated as a misdemeanor. It is alleged that on March 30 in the Town of Le Roy that Litolff drove a 2003 Chevrolet on Route 19 (Lake Street) while intoxicated. In count two, she is accused of leaving the scene of an incident without reporting it, a Class E felony. It is alleged in count two that she drove the Chevrolet when an incident occurred that resulted in serious physical injury to a person and she knew this but failed to stop. And when no police officer was in the vicinity when the injury was sustained, she failed to report it as soon as she was able to.

Ronald G. Besemer-McLean is indicted for the crime of aggravated unlicensed operation of a motor vehicle in the first degree, a CLass E felony. It is alleged that on March 2 in the Town of Le Roy that Besemer-McClean drove a 2006 Acura on I-490 when he knew his driver's license was suspended or revoked and while he was under to influence of alcohol or a drug. In count two, he is accused of driving while intoxicated as a Class E felony. In count three, he is accused of tampering with physical evidence, a Class E felony. It is alleged in count three that he defied police orders and placed a plastic baggie containing an unknown substance in his mouth and swallowed it. In count four, Besemer-McClean is accused of resisting arrest, a Class A misdemeanor. In Special Information filed by the District Attorney, the defendant is accused of having been convicted of DWI, as a misdemeanor, on Nov. 7, 2012 in City of Rochester Court. The conviction forms the basis for the suspension or revocation referred to in count one of the current indictment.

       Edwin Peart Jr.

A suspected drug dealer from Rochester arrested on Pearl Street in Batavia this week will have a chance to make his $10,000 cash bail (or $20,000 bond) with the help of friends and family, the public defender told Judge Charles Zambito at a bail review hearing this afternoon.

Edwin Peart Jr., 36, of Brookridge Drive, Rochester, was initially held on no bail following his initial arraignment in Batavia City Court because of, by law, his prior felony convictions. Only a county court judge can set bail for a defendant facing a felony charge with prior felony convictions.

Public Defender Jerry Ader argued that soon changes in state law would mean his client would automatically be released without bail since he was held on a nonviolent felony, and given that, he suggested Zambito release Peart under the supervision of Genesee Justice. 

Ader said bail should be set at a reasonable amount -- he asked for that to be $10,000 -- because his client is accused of a nonviolent felony, and if for some undisclosed reason Peart is unable to work and earn money, bail should not be untenable.

Assistant District Attorney Kevin Finnell cited Peart's lengthy criminal record and previous failures to appear in court and a parole violation as well as a fleeing police charge as a reason to set a higher bail. He asked for $20,000 cash or $40,000 bond.

Bail is intended to ensure a defendent's future court appearance not as a punishment.

Zambito set bail at Ader's requested amount of $10,000 cash (or $20,000 bond).

Peart's criminal record goes back to 2002 when he was convicted of criminal contempt. In 2004, he was arrested from criminal possession of a weapon. In 2015, ID theft, and he had warrants out for his arrest in 2017 (though Ader said Peart turned himself in and the warrants were revoked). In 2017 he was also accused of fleeing a police officer.

Federal and state environmental agencies are continuing to monitor and work on cleanup of contaminants at the Lehigh Train Derailment Superfund Site off of Gulf Road, according to information obtained by The Batavian.

The elimination of TCE contaminants from groundwater in the four-mile-long plume area, which stretches from Gulf Road to four miles east and southeast of the derailment site, is not likely to occur in most of our lifetimes.

The derailment site cleanup was largely forgotten until 2011 when it became the focus of speculation during the Le Roy tic issue when about a dozen high school girls developed spontaneous tic-like movements.

Bob Bowcock, an environmental scientist brought to Le Roy by environmental activist and lawyer Erin Brockovich, determined then that there was no TCE reaching the school property, and it was unlikely the spill site and the tics were linked (the girls were diagnosed with conversion disorder and no scientific evidence ever emerged to contradict that diagnosis).

Information about the spill site made public by the Environmental Protection Agency since then confirm Bowcock's analysis.

In 2017, the Lehigh Valley Railroad corporation, under the direction of the EPA and the DEC, completed a vapor-extraction program at the spill site.

Michael Basile, regional spokesman for the EPA, said the vapor removal effort, which lasted for two years, did remove some TCE, but vapor extraction cannot remove all of it.

"It has been determined that there is TCE embedded in the rock/gravel at the site that cannot be removed via the SVE system," Basile wrote in an email. "Consultants for the responsible party have recently completed a study that has looked at several remedial measures that may be feasible to address the contamination at the site. It is under review by EPA and New York State. EPA will determine the appropriate next steps."

TCE, or trichloroethylene, according to the EPA website, is "a volatile organic compound." It is a clear, colorless liquid that has a sweet odor and evaporates quickly. TCE is a toxic chemical with human health concerns."

After the Lehigh Valley derailment in 1970, a plume of TCE quickly spread to the east and southeast for about four miles, in a human-foot-shaped pattern and groundwater forces around it have kept it contained to that area. It has become embedded in the bedrock of the plume area making it impossible to completely remove.

Eventually, it will all evaporate as hydraulic action brings more and more of it to the surface, but that process will take five decades or more.

"Considering the railroad derailment occurred in December 1970 -- where it was estimated that 30,000 to 35,000 gallons of TCE were spilled onto the ground contaminating the soil and groundwater -- even with the most sophisticated hydrogeological equipment it is very difficult to estimate how much contamination still exists in the area," Basile said.

The EPA says current vapor levels in the plume area are generally below the levels of human health concerns.

Basile said 13 residences in the plume area have been affected by the spill and have vapor-mitigation systems installed in their homes and the EPA continues to monitor these properties.

The public water supply has been protected from the plume, according to the EPA.

"With the extension of the public water supply to the affected homes and businesses, the installation of the soil-vapor mitigation systems on the affected homes, plus continual monitoring of the groundwater, public health and safety concerns continue to be achieved," Basile said.

Top photo: Vapor removal pipes still in place at the derailment site. The vapor removal effort has ended but the pipes remain in place while the EPA and DEC evaluate what steps to take next.

FIle photo: What the site looked like in 2012. The barrels were removed within weeks after this photo was taken, which was during Bob Bowcock's inspection of the site.

Below is a video produced by the EPA in 2017 about the spill cleanup. It goes into a great amount of detail about the hydraulics of the spill, its history, and how it's being monitored and remediated.

     Jahmiere Smith

A traffic stop by Rochester police led to the arrest Wednesday of a teenager wanted in Genesee County for allegedly dealing drugs in Bergen.

Jahmiere D. Smith, 18, of Rochester, was the subject of an active arrest warrant out of Genesee County stemming from two alleged drug deals between Smith and an agent of the Local Drug Task Force.

Smith is suspected of dealing in heroin in Bergen and accused of selling heroin to an undercover agent on two separate occasions.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Smith was arraigned in Genesee County Court and ordered held on bail of $1,500.

The Task Force was assisted in the investigation by Genesee County Sheriff's deputies and the District Attorney's Office.

Patricia A. Gibson, 29, of East Main Street, Batavia, is charged with disorderly conduct and obstruction of governmental justice. She was arrested on Aug. 30 after an incident at 8:46 p.m. on Watson Street in Batavia. It is alleged she was observed in a physical fight with another individual. Gibson allegedly ignored officers' commands, but was eventually taken into custody without further incident. She was issued an appearance ticket for Sept. 10 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider.

Wesley Thigpen, 38, no address provided, is charged with: second-degree burglary; criminal contempt of court in the second degree; and fourth-degree criminal mischief. On Sept. 3, Thigpen turned himself in to the Batavia Police Department on these charges. He is accused of violating an order of protection by entering the protected party's residence and preventing them from calling 9-1-1. He was due is Batavia City Court on Sept. 4. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

Jacob L. Hernandez, 25, of McKinley Avenue, Batavia, is charged with criminal mischief. Batavia Police Officer Peter Post arrested Hernandez on Sept. 3 on an active warrant out of Batavia City Court. The warrant stemmed from an incident at 5:15 a.m. on July 4 on McKinley Avenue. He was arraigned in city court then released under supervision of Genesee Justice. He is due to return to city court on Sept. 19. Officer Post was assisted by Officer Arick Perkins.