The grave marker is of a young girl on her knees hands clasped in prayer.

Elmwood Cemetery caretaker Steve Davis has been on the job for 20 years and the little headstone always reminded him of his daughter.

"My daughter, when she was little, always made a pose like that when she wanted something," Davis said. "Every time I go past that statue, if I'm trimming or working in the area, I always think of my daughter. When I came in and saw (it knocked down), it broke my heart."

The girl's praying headstone along with 28 others were knocked over by vandals sometime over the weekend.

It's the second time this month -- the first being around April 7 -- that vandals have rampaged through the cemetery knocking down headstones.

Det. Rich Schauf said the vandalism certainly has the attention of Batavia PD and patrols will be stepped up in the area.

"This is an intolerable crime," Schauf said. "Any criminal mischief isn't tolerable, but this is intolerable because of the lack of respect for the deceased. This isn't just about the police being upset. It should offend anybody with any common sense."

There's quite a bit the public can do to assist the police, Schauf said.

First, if young people are involved, they'll talk. They may even post pictures to social media.

"There's an old saying," Schauf said. "If three people know a secret, the only way it stays a secret is if two of them die."

The police would welcome any tips about pictures posted on Facebook or Twitter or Instagram or if anybody hears anything related to the crime; tipsters should call Batavia PD.

Second, if you're out and about at 10 or 11 at night, or 2 or 3 in the morning, take a drive down Harvester or Buell.  Normally, Schauf said he wouldn't recommend calling the police just because a group of youths are out, but in this case, if they're in that area, call the police.

"Normally, just because three people are out walking doesn't mean they're going to do damage to a cemetery, but if there's anybody in the area, we're going to want to know about it," Schuaf said. "Nobody is going to say, 'I'm not going to that.' We're hypersensitive about it right now and we're going to respond."

Whatever you do, Schauf said, don't go into the cemetery. It's closed after dark, so not only would you be trespassing, you would make yourself a suspect, and if the real suspects were ever arrested, part of their defense could then be that this other person was in the cemetery as well.

Batavia PD is budgeted for a new mobile surveillance camera in 2014 specifically to deal with troubled crime areas, but Det. Kevin Czora said it will be months before the department makes the purchase.

Davis said he might bring up with the board of directors at its next meeting the idea of the cemetery investing in its own camera system. There isn't much money for such a purchase, however.

He said he has spoken with kids who come around the cemetery about helping protect the cemetery.

"When I come by after supper, there's a ton of kids here riding their bikes or whatever and I try to befriend them only because this is their cemetery along with everybody else's and I ask them to keep an eye on it," Davis said. "I don't know what the answer is -- not let people in here anymore? You can't do that. How do you keep the bad ones out? I try to tell them keep an eye out. Let me know if something is going on."

Officer Jason Davis, who took the report on this weekend's vandalism, said patrols are certainly aware of the need to increase their presence in the area, especially at night and on weekends, but it's difficult to catch the vandals in the act.

"Obviously, it's dark inside the cemetery so it's very difficult for us see in there without driving in there and when a patrol car drives in there, usually people can duck in between the shadows and it's difficult for us to see them," Officer Davis said.

The cemetery can apply to the state for compensation for grave-marker repair, but it's a long process to get the funds. The total damage at this point exceeds $1,000.

Volunteers can't be used to help repair the damage, Davis said, because of possible liability. If somebody hurt their back lifting a stone, he wouldn't want to see the cemetery sued.

This weekend's damage forms almost a straight line from the front entrance on Harvester to a hole in the fence near Buell Street.

"They use bolt cutters or something to cut the hole," Davis said. "We fixed it the first time a long time ago, but as many times as I can fix it, they break it."

Because the aggregate damage of each of the two recent incidents exceeds more than $250 each, the vandals are facing possible felony charges for tampering with a cemetery, Officer Davis said. And each headstone knocked over constitutes its own misdemeanor criminal tampering charge.

Cemetery vandalism is a decades-old problem, Davis acknowledged. Elmwood records in the 1920s and '30s record acts of vandalism, but this latest round certainly has Davis feeling weary.

"It's going to be a long summer," Davis said. "It never starts this early. Usually it's in the summertime when the kids are out of school and this year it started early, and I've never had it so close together, so I'm just afraid of what's going to happen this summer."

Davis has had a rough month. Last week his shop on Buell Street was hit by burglars. They stole more than $3,000 in tools.

A small grass fire is reported at 3500 Harloff Road in the area of Polar Wave. East Pembroke and Town of Batavia fire are responding.

UPDATE 1:16 p.m.: The caller was a passerby on the Thruway, who also stated that she saw a man standing on a hill next to the blaze. Now dispatch has called law enforcement to investigate a possible arson. East Pembroke firefighters at the scene are running out of water. Town Engine 24 just arrived. They want to squelch the fire before "it gets down into the buidlings."

UPDATE 1:20 p.m.: A tanker from East Pembroke is also going to the scene.

UPDATE 1:22 p.m.: Firefighters want to keep the fire from going over the hill into the brush. A firefighter says wind is a factor and also reports that "the landowner is giving us a hard time." After confirming that law enforcement is on scene, he says "have them come over and have a chat (with the perturbed landowner).

UPDATE 1:35 p.m.: Command reports the fire is under control.

UPDATE 1:59 p.m.: Fire is out. Assignment is back in service. Law enforcement is making a report about the possible arson.

David J. Swartz, 53, of Washington Avenue, Batavia, is charged with third-degree assault following a disturbance on April 24 outside a bar on Harvester Avenue. It is alleged that Swartz intentionally struck a subject in the face during an altercation, recklessly causing physical injury. He was issued an appearance ticket and is to return to City Court on May 6. The incident was investigated by officer Devon Pahuta, assisted by officer Marc Lawrence.

A 16-year-old from Caledonia is charged with harassment and criminal obstruction of breathing following an incident on March 25 on East Avenue, Batavia. The charges were incurred due to an alleged altercation with her mother. The teen was jailed with bail set at $1,000. She was to appear in court April 25. The incident was investigated by officer Stephen Cronmiller, assisted by officer Christopher Camp.

Kim M. Mobley, 51, of Watson Street, Batavia, is charged with petit larceny following an investigation of a shoplifting incident at occurred on April 19 at a grocery store on Ellicott Street. Mobley allegedly entered the store, took several items and then left without paying for them. Mobley was issued an appearance ticket and is to appear in City Court on May 6. The incident was investigated by officer Chad Richards, assisted by officer Jamie Givens.

Adam R. Clark, 23, of South Main Street, Batavia, is charged with unnecessary noise-excessive noise, following an incident with occurred on April 20 on South Main Street. Clark was arrested following an investigation of a complaint of loud music. He was issued an appearance ticket and is to return to City Court on Tuesday. The incident was investigated by officer Stephen Cronmiller.

A driver says he may have fallen asleep while on Route 63 in Stafford at 2:13 a.m., leading to a rollover accident.

The truck driven by Cody A. Paxton, 21, of New Providence, Pa., is owned by Norfolk Southern Railway, and it came to rest on all four wheels.

Paxton suffered minor injuries and was transported by Mercy EMS to Strong Memorial Hospital.

The accident was investigated by Deputy Joseph Graff.

Photos submitted by a reader.

Wall Street Journal: Cheerleading Gets Serious in New York

City fire is on scene at 116 Harvester Ave. for the smell of smoke in the residence.

A commander reports smoke in the residence and firefighters are investigating.

UPDATE 7:34 a.m.: The smoke has been traced to a burned-out motor in the refrigerator.

UPDATE 7:48 a.m.: City fire back in service.

Kilian Lewis, 14, of Corfu, bagged his first turkey yesterday morning in Alexander as part of a Youth Turkey Hunt, the first day of the Spring youth hunt season (the adult season begins May 1). The turkey had a 10-inch beard. Killian's older brother, Collin, 18, helped call it in. (Photo and info submitted by M. Lewis).

John Zambito, 14, of Elba, got his first turkey this morning while hunting with his uncle Kelly Creegan. (Submitted by Chantal Zambito)

At Genesee Community College today, students put together its 33rd Annual Fashion Show, which showcases the design and merchandising talents of students graduating from the Fashion Design and Marketing program.

The show is also produced with the help of other programs at the college, such as Hospitality, Criminal Justice, Multimedia and Graphic Design.

A record number of designers showcased their work this year.

There were shows at 3 and 7 p.m. These photos are from the first show, including a look behind the scenes and shots from the after-party.

To purchase prints, click here.

Deputies are searching the area of Telephone Road and Perry Road for a man with a possible self-inflicted knife wound who fled an area residence on foot.

A deputy said, "We're not sure how bad it is. He's definitely injured. We're going to have to find him somehow."

The man is described as 5' 2" tall and thin. He is a white male from Rochester with no friends or family in the area. He fled in a southeasterly direction.

There may be another knife-cut victim at the residence.

Pavilion fire and Mercy EMS are staging at the nearby salt barn. Mercy Flight is on ground standby.

UPDATE 10:42 p.m.: It appears there is nobody injured back at the residence. The subject who fled is described as more of a threat to himself than police. It's not believed he has any weapons on him at this time.

UPDATE 11:05 p.m.: The subject is wearing blue jeans.

UPDATE 11:49 p.m.: Mercy Flight, which has remained on ground standby, is told to stand down.

UPDATE 11:57 p.m.: Pavilion fire is told to go back in service. No other update on the situation.

UPDATE 12:12 a.m.: It sounds like a resident spotted him lying down in some brush and he's been located. Pending confirmation ...

UPDATE 12:13 a.m.: Deputies are with the subject.

UPDATE 12:15 a.m.: Pavilion fire and Mercy EMS requested back to the scene. The subject has minor cuts.

Maddie Keen and Courtney Jones took part in a Rustic Riders 4-H program today at the Genesee County Fairgrounds aimed at helping them learn the muscle and skeletal structure of a horse. Their project today was to paint the placement of bones on their horse.

Officer Jamie Givens collects a drop-off from a local resident during drug drop-off day at Batavia PD.

Officers filled 13 boxes (about 4-feet tall, 18x18 inches square) and nine buckets of sharps.

The drugs are turned to the DEA for safe destruction.

There were also drug drop-off events today in Pembroke and Corfu.

Pudgie's Lawn & Garden Center, 3646 W. Main St. Road, Batavia, NY: Spring is here and Pudgie’s has everything you need to enjoy the season -- hanging baskets of beautiful flowers, lawn care products, shrubbery, gardening supplies, and more. We have a $25 gift certificate for $12.50.

$$$  Viking Valhalla Restaurant & Rose Garden Bowl, 21 Buffalo Road, Bergen, NY: Open for lunch Monday through Sunday, and dinner Friday and Saturday evenings. Dinner favorites are our succulent prime rib and Friday fish fries! We are always happy to help plan your special occasion -- wedding, shower, rehearsal dinner, stag party, graduation, company function, banquet, family or class reunion. We have a $20 gift certificate for $8.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

$$$  Casa Del Taco, 234 Ellicott St., Batavia, NY: Mexican food lovers will delight in this new eatery that makes tacos and burritos "the way you want 'em" plus it offers other items like taco salads, burrito bowls, loaded nachos, and churros. Choose from a variety of toppings, including jalapenos, black beans, cilantro and guacamole. There are also several varieties of salsa to select from, such as corn, mango, verde, and sweet Thai ranch. Hours are: 11 a.m. to 4 p.m. Monday thru Wednesday; 11 a.m. to 7 p.m. Thursday thru Saturday; closed Sunday. We have a $10 gift certificate for $5.

Sammy Hill's, 7 Mill St., Le Roy, NY: This new restaurant has good, fresh food, including hand-pressed burgers, and a friendly atmosphere. Choose a house specialty burger or make your own with a variety of toppings, cheeses and sauces to select from. The menu also includes flatbread sliders, garbage plates, shredded beef or marinated chicken tacos, sandwiches like the Cuban, bruschetta chicken, or deep-fried pork loin. Friday fish fry -- battered, broiled or blackened. Dine in or take out. "Come Get Some!" Hours are Tuesday, Wednesday and Thursday from 11 a.m. to 9 p.m., Friday and Saturday from 11 a.m. to 10 p.m., Sunday 11 a.m. to 7 p.m., closed Monday. We have a $10 gift certificate for $6.

Oliver's Candies, 211 W. Main St., Batavia, NY: Oliver's, a Batavia landmark, offers the finest chocolate and confections in the area. We have a $20 gift card for $10.

Daphne's Restaurant & Lounge, 241 Swan St., (Off Rt. 63/Ellicott St.) Batavia, NY. Daphne's is destined to become a favorite for any who enjoy something special in a dining experience. Formerly the old St. Nick's Social Club, now unrecognizable to those who used to frequent the club, Daphne's provides you with a warm, inviting atmosphere and decor, which complements the array of wonderful dishes. We offer homemade seafood and pasta dishes, meatballs that are addicting as well as large salads, hot sandwiches & homemade potato chips. Fresh desserts are prepared in our own kitchen (tiramisu has been the top seller so far). We have a $20 gift certificate for $12.

$$$  The Color Salon, 35 Center St., Batavia, NY: Our attention to detail, combined with the focus on precision haircutting techniques will ensure that your hair will be your best accessory when you leave The Color Salon. We offer all hair care services including cuts, color, highlights, up-dos, as well as waxing services. We carry products such as KMS and Paul Mitchell. Now available: Bella Taylor purses! We have a $25 gift certificate for $8.

Santino's Pizza, 2 Main St., Oakfield, NY: We're pizza and a whole lot more! Voted #1 pizza in Genesee County in blind taste test! Santino's features pizza, wings, subs, wraps, ice cream, and more! We have a $20 gift certificate for $12.

Clor's Meat Market, Catering & BBQ, 4169 W. Main St., Batavia, NY: For the best, most flavorful, juiciest chicken or hamburger in town, hands down, stop by Clor's. Oh, and the steaks are great, too. And the sausage. Clor's is under new ownership and now offers baked goods, pizza, wings, delivery service, and catering. Clor's also serves lunch and dinners from 10 a.m. to 8 p.m. We have a $10 gift certificate for $6.

T.F. Brown's, 214 E. Main St., Batavia, NY: 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. "If it happens in sports, it happens at Brown's." Stop in and check out our Jumbo Chicken Wings, Roast Beef on Weck and Friday night fish fry. The original family spaghetti sauce still adorns all of our Italian specialties. The other popular selections from our menu range from Super Salads, butcher cut Strip Loin and South of the Border items. We offer daily lunch and dinner specials as well as a full adult and children’s menu. We have a $20 gift certificate for $12.

$$$  Scooter's Restaurant in Le Roy, 140 W. Main Street Road (Route 5), Le Roy, NY: Come see us at Scooter's family restaurant with our friendly atmosphere and homestyle cooking! We offer classic American food with breakfast, lunch and dinner served all day. We also offer a full take-out menu anytime. We have a $10 gift certificate for $4.

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Stretch your body and soul with yoga. This offer is a $20 gift certificate off instruction. For new students only. Not good with any other discounts or offers. Use before October 2014.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $12.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate for $12.

$$$  Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. Come try one of our many delicious burgers that we have to offer, as well as our HUGE Bomber Sandwich, homemade chicken fingers made to order, and the all-time favorite Dumpster Plate with many choices. We deliver. We have a $20 gift certificate for $8.

Greg'ry's Bakery, 13 N. Lake Road, Bergen, NY: The bakery offers a variety of the finest cakes, cookies, pies, cupcakes, breads, breakfast and lunch sandwiches and so much more. Each treat is made the same as it has been for decades and baked right here. Come in and sample some for yourself! We have a $10 gift certificate for $6.

Dave's Ice Cream, 3872 W. Main Street Road, Batavia, NY: Dave's offers only locally purchased products, including Perry's hard ice cream in a wide variety of yummy flavors, with a wonderful assortment of toppings and homemade waffle cones. Different soft-serve flavors are offered weekly. We have a $10 gift certificate for $6.

$$$  The Enchanted Florist, 202 E. Main St., Batavia, NY: Whether you need just the right gift or a memorial or just want to brighten your own home or workplace, The Enchanted Florist can put together just the right floral arrangement for you. We have a $20 gift certificate for $5.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $12.

Smokin' Eagle BBQ & Brew, 9 Main St., Le Roy, NY. The kind of downhome, laid-back and comfortable place that just feels right. Open daily for lunch, dinner and drinks, this eatery and bar features a variety of eats and drinks that are outstanding. Specializing in smoked meats -- each meat is dry rubbed with a proprietary mix of seasonings, then smoked slowly in their on-site smoker for maximum flavor and tenderness. With a variety of appetizers, burgers, sandwiches, wraps, combo platters and entrées, there's always plenty of choice for even picky eaters. Great food, frosty brews and some of the best folk around call the Smokin' Eagle BBQ & Brew their favorite -- make it your favorite today! Don't forget to ask about our catering! We have a $20 gift card for $12.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $15.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have a $20 gift certificate for $12.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

SOLD OUT

Heavy smoke is reportedly spewing from a third-floor apartment inside Washington 400 Towers on East Main Street. City firefighters are on scene after dispatch received information that multiple alarms were sounding in the building. Firefighters are "packing up and heading in."

UPDATE 3:48 p.m.: This was a stove fire. Commands reports it is out and they are ventilating.

UPDATE 4:07 p.m.: Now ventilating the fourth and fifth floors and will be remaining on scene for "quite awhile."

UPDATE 4:38 p.m.: Ventilation was completed about 15 minutes ago. Command says one unit is picking up to leave and the other will be remaining to do some investigation.

Robert Given, of Elba, is the first winner of the first raffle put together by the brand new Elba Betterment Committee.

A group of Elba residents have come together to help improve and promote Elba and they kicked off things with a raffle for a basket filled with more than $1,000 worth of gifts.

Given's name was picked during a drawing Friday at Chap's Elba Diner.

All items in the basket were donated by Elba merchants small businesses and farmers, according to Pauli Miano (who submitted the photos). Prizes included an iPad mini, bags of potatoes, Lottery tickets, a weed eater, over $300 worth of gift cards, craft items, pet supplies, books autographed by local authors, shirts and sweatshirts.

In a second raffle, anyone who came to Chap’s today was able to buy a chance on a hundred dollar bill. Sandi Chappius of Elba was the winner.

Story and photos by Sloan Martin, WBTA.

At 67 years old, Cherry Pease is now Cherry Farr.

She and 78-year-old Edmund “Sonny," who met as Washington Towers residents, got married Friday afternoon on the same Care-a-Van bus they got engaged on.

Cherry said a few days before her wedding that this is a second-chance for her; a way to have the wedding – and marriage – she’s always wanted.

“I think things will be different this time because my last marriage, to be honest, I married for money that he didn’t have,” she said. “This time I am marrying for love, so I think it’s really going to be wonderful.”

Surrounded by close family members, about 15 people wearing pink carnation boutonnieres witnessed the union of Cherry and Edmond.

Cherry tells the story of their first meeting like a college student who doesn’t have a car on campus yet would. A couple of years ago, she started to give him rides to Wal-Mart and Tops so Sonny wouldn’t have to walk so far in the winter.

“I asked him if he wanted a ride because no one else would ask him in the building. And we went. And that’s apparently when he said he fell in love with me, with my eyes,” she described. “But I asked him later on, maybe a couple months later if he wanted to come up and play (the gaming system) Wii. He runs up the three flights of stairs – that’s how quickly he wanted to get up to play Wii (with me).”

Both are widows. Sonny’s late wife passed away in August of 2012, Cherry says, and Cherry’s late husband died in September of last year.

In November, Sonny proposed.

That was after the couple had gotten involved with the Care-a-Van Ministries. Founder and Director Paul Ohlson runs the local public outreach initiative to share the Gospel and was there for the engagement.

“It was a cold morning and he walked out to the jewelry store and picked up the ring,” Ohlson said. “He brought it onto the bus and knelt down and asked if she would marry him and of course she said ‘Yes.’ ”

“We couldn’t afford a very expensive ring,” Cherry said. “It’s sterling silver which doesn’t bother me at all, but it’s blue diamonds and that’s one of my favorites and he’s got blue eyes so they kind of match.”

Cherry says Care-a-Van Ministries has been a “good foundation for our lives.” They spent many weekends volunteering together which is why they decided to get married on the bus itself.

The bus is cozy and inviting. White tulle and potted plants with fresh flowers hang from the silver overhead poles which hands once grasped for balance in the bus’s former life. Seats with tables in between line the bus. Each table has a Bible, creamer and candies in a pretty dish for the Care-a-Van’s outreach coffee and movie sessions.

Guests crammed in for the intimate session. Sonny’s grandson, Jordan Farr, read aloud from 1 Corinthians 13: 4-8 between wiping away tears. Pastor Tim Young was the officiant. Sonny, who was peppy and spunky posing for cameras prior to the ceremony, was tender and reserved, almost nervous. They did not recite their own vows, but exchanged rings and kissed twice -- to make sure they did it right.

Ohlson says weddings on the bus don’t ever happen. It was because Cherry and Sonny were so devoted to both the ministry and each other that he was supportive of the wedding venue.

“Everybody needs somebody,” he said. “Edmund, he’s getting up there in age and he knows it and he jokes about it, he’s good with it. He just doesn’t want to be alone. Just to be able to connect and encourage someone to follow through with the dream that they had but also bringing in Biblical principles to their relationship and encouraging them to put the Lord first.

“Even this late in life they can make it work and they can be happy.”

After the ceremony they celebrated with a Chinese buffet for the whole party. It was almost like when they first met, transporting around Batavia. Only this time they were married and it was their special Care-a-Van bus that shuttled them.

Story and photos by Dan Fischer, WBTA.

The Batavia Business Improvement District (BID) honored two local businesses on Friday with its “Spirit of Downtown Business Award.”

The new business Spirit award was given to The YNGodess Shop. Proprietor Christine Crocker received the award with her son, Ben, at her side.

Accepting the Spirit award for the Established Business of the Year was Gregory Gluck, proprietor of Alberty Drugs.

Also recognized for their volunteer efforts on behalf of the BID were Steve Coraci and Beth Kemp.

The BID was created in 1997 creating a core group of Downtown property owners and city officials to organize a formal Downtown management association. Today, the BID is comprised of 143 properties that pay a total annual assessment of $120,000 and the City of Batavia’s contribution (for capital projects) is $41,300 to fund the organization.

The BID will meet on Tuesday to elect a new slate of officers.

It's been a long time coming, but a spokesperson for the McDonald's Corp. has confirmed the fast-food chain will indeed open a second location in Batavia on East Main Street.

A developer received the necessary permits and approvals months ago, but then -- nothing. Even city officials didn't know if the project was still going through.

“Construction should begin this summer and Batavians can look forward to a brand new McDonald’s restaurant before the end of the year,” Vice President of Public Relations Kerry B. Ford said.

The project developer, TY Lin International, obtained a lease from the property owner, Eastown Plaza Associates, in November 2012 and according to City Manager Jason Molino, a building permit was issued last September.

“Permits are good for one year, but may be extended or a new permit could be applied for after expiration,” Molino said.

In response to questions about delays, Ford cited the magnitude of the project.

“As you can imagine, a project of this scale requires a great deal of careful planning and that planning takes time,” Ford said. “McDonald's is thrilled to raise a new set of Golden Arches in Batavia.”

According to the February 2013 application to the city’s Planning and Development Committee and Zoning Board of Appeals, Ty Lin International proposed constructing a 3,911-square-foot site in the current parking lot of Eastown Plaza. The project area is about .78 acres and is zoned for commercial use. The site would include two drive-thru lanes and raised islands, a shed, a dumpster, along with asphalt parking, landscaping, lighting and signage.

City fire is responding to a reported stove fire at 511 Ellicott St., right-side apartment.

UPDATE 7:07 p.m.: No fire at this time, just a smoldering pot on the stove. Ventilating. Now Mercy medics are called for a person suffering from smoke inhalation.

UPDATE 7:26 p.m.: Fire command says that are still ventilating and will be there for some time. The source was deemed to be an electrical problem with the stove. Medics are evaluating the patient.

UPDATE 7:30 p.m.: The patient is being transported to UMMC.

UPDATE 7:39 p.m.: Firefighters killed power to the stove then removed it from the apartment. The assignment is back in service.

A car into pole accident, with injuries, is reported at 10661 East Bethany Road. Bethany fire and rescue on scene.

UPDATE 3:27 p.m.: Bethany ambulance is transporting a patient to the hospital in Warsaw. Other units are returning to service.

The man who went to the residence of John Lavarne Robinson the afternoon of Jan. 13, 2013 and allegedly found himself face-to-barrel with a shotgun said in a statement to police that he only had a simple question for Robinson: Why was the Bergen resident communicating with his wife?

The Brockport resident said he had previously confronted his wife about the communication with Robinson and said he believed she had gone out on a couple of dates with Robinson. After checking phone records online, the man said he found there were new, recent communications between Robinson and his wife.

"I wanted to talk with John about his involvement with (my wife) and tell him to stop talking with her," the man wrote in his statement.

The statement, and Robinson's statements, along with the charging document were acquired by The Batavian from the Sheriff's Office through a FOIL request.

Members of Robinson's family and his supporters have left comments on The Batavian, through e-mails and on social media defending his actions.

Their version of events has consistently said that the alleged victim was banging on Robinson's door, threatening Robinson and that Robinson called 9-1-1 and was told by dispatchers to use his shotgun to protect himself.

Family members have also said the alleged victim was arrested by State Police the day of these alleged events, but Trooper Victor Morales, spokesman for Troop A, said there is no record of such an arrest.

Deputy Matthew Butler, who investigated the case and arrested Robinson, included several statements he attributes to Robinson in part of the charging document. He said Robinson told him, "I called 9-1-1." "He was kicking the shit out of my door." "I loaded my shotgun." "I yelled that I had a gun." "9-1-1 told me to do that." "He was calling me a coward and that he was going to kill me." "I thought he was coming in."

The Brockport resident said, "At no time did I want to cause harm to John. I just wanted to discuss his relationship with my wife. When I saw that shotgun pointed at my face, I was scared to death that John was going to shoot me."

In his statement, the man said he had reason to believe Robinson was in his house and kept knocking on the door. He said when he went looking for another doorway, he walked past a window and saw movement so he took a closer look into the window.

He says he did call Robinson "a coward" for not coming out.

He said he saw Robinson on the phone and Robinson screamed at him, "get out of here or I'm going to (blow) your (sic) f---ing head off." He wrote, "John was saying this and pointing the gun at my head and he was only a few feet away from me."