batavia

It was a perfect summer day for the opening of the Downtown Public Market in Batavia. Of course, rules were in place requiring masks and social distancing.

Photo by Jim Burns.

Batavia employees of Rochester Regional Health / United Memorial Medical Center take a knee at the War Memorial at Jerome Center at 8:46 this morning.

The time of 8:46 signifies the length of time a white police officer in Minneapolis, Derek Chauvin, knelt on the neck of George Floyd May 25, killing him. The police were called after a store clerk suspected Floyd of using a counterfeit $20 bill at the store. Three other officers at the scene are also charged in the case: J. Alexander Kueng, Thomas Lane and Tou Thao.

A message from Rochester Regional Health President and CEO Eric Bieber, M.D.:

"Today, we as healers at Rochester Regional Health stand with you for healing. The events we have witnessed in our nation and community these past few days are almost unbearable to describe. Already frayed by fighting COVID-19, we witnessed the brutal death of George Floyd — a horrific repeat of too many deaths gone before. Then in our own Rochester community, a peaceful protest devolved into violence.

"Each member of our Rochester Regional Health team is touched by these tragedies—more than 17,000 souls, along with our friends, loved ones, neighbors, and families. And of course, you, our patients. Many of you were born and raised in Rochester. Others hail from every continent on earth. We are diverse in every possible way — race, ethnicity, job description, cultural background, and religion.

"While diversity is our strength, there is more work to be done to bridge the divide. Today we are united in our grief and our resolve. All throughout the coronavirus pandemic, we have been telling you that we will get through this together. Those words mean more now than ever. Together is the way we will get through this to mend our hearts and community.

"Thank you, each of you, for your precious differences and united spirit."

A car reportedly struck a pedestrian at North Street and Bank Street in the city. The pedestrian was able to get up and is conscious and alert. City fire and Mercy medics are responding.

Northgate Pastor John Keller gets some grooming.

Submitted photos and press release:

Beginning in October of 2019, Northgate Pastor John Keller began a process many of our readers can relate to. He grew a beard. After an eight-month progression and the absence of winter temperatures, Pastor Keller made the decision to potentially lose a part of him which he had grown fondly of.

As a member of the Advisory Board for the Salvation Army in Batavia, Keller put a wager on the community and Northgate congregants through Facebook to raise money in exchange for a fresh shave.  

The original post asked for the community to donate $500 to The Salvation Army of Batavia. Unbeknownst to him, the community rallied around his fundraising efforts and raised that amount in only an hour and a half.

Quick on his feet, Keller amended the goal to $1,000, saying that if he reached the new amount, he would let his three daughters shave his beard. Once again, the congregants and community spoke. Three hours after the original post, the total had surpassed $1,000.

Over the course of the five-day fundraiser, 53 people donated for a combined total of $2,215.  

This financial fundraiser will remain local and will help to fight food scarcity in Genesee County.

Keller said “Truthfully, a beard that long with a mask and the higher temperatures just wasn’t comfortable. So, I was probably going to shave it anyway, but I thought we could have a little fun with it and raise some money for a great cause. I had no idea that people would respond in such an awesome way! Our local Salvation Army is so well run and does such an incredible job loving and serving our community. I’m so glad to have been able to have a part in helping them do that great work!” 

Northgate church continues to partner with The Salvation Army of Batavia, as they have for years. During the COVID-19 closures, they have hosted local food collections each Monday from 10 a.m. – 4 p.m. at their North Campus (8160 Bank Street Road).

They have also teamed up with The Salvation Army and Foodlink to conduct drive-thru food distributions every other Wednesday. This past Wednesday, they were able to distribute food to 413 vehicles that passed through their parking lot.

If you are interested in assisting the local community, food deliveries can be delivered during the hours listed above, or directly to The Salvation Army during their hours of operation.

Below, Pastor Keller before and after.

Bottom, photo from this Wednesday's food giveaway at Northgate church featuring featuring fresh meat, produce and dairy products.

Statement from Chief Shawn Heubusch, Batavia PD:

Due to the ongoing events that are unfolding across our country and within our region I have received questions about the Department's use of force policy and what is done to ensure that our police officers do not abuse their authority or use excessive force.

Attached is the Department's Use of Force Policy that every member of the City of Batavia Police Department receives training on annually. The policy adheres to all Local, State and Federal laws, guidelines and follows best practices. The policy puts human life above everything and ensures that every member has a duty to intercede in situations where the use of force of another officer is clearly beyond that which is objectively reasonable under the circumstances present at that time. Each situation is unique and officers are asked to make split second decisions to keep the public safe.

I am proud of each member of our Department, they discharge their duties in a professional, compassionate manner each and every day. Your police officers are well trained, well equipped, caring community-oriented individuals that work extremely hard to bring peace to chaotic situations and serve the public with the utmost. I am also very grateful for the community support that we receive from the vast majority of our residents and business owners. Together we make the City of Batavia a better place to live, work and play.

Take Care!
Shawn Heubusch
Police Chief

Use of Force Policy (PDF)

Also, we discussed the use of force policy in this interview:

Police were dispatched to Ellsworth Avenue in the City of Batavia for the report of a large fight.

The initial dispatched included a report of "shots fire" but a responding police officer, once on scene, said, "no firearms involved."

Ellsworth is between Ross and Summit streets.

In a bankruptcy filing, JCPenney has announced its closing 30 percent of its 856 stores, including its Batavia location.

The company, which has been struggling financially for years, filed bankruptcy in Federal Court on May 15.

The stores that are closing -- which presumably include the Batavia store -- will hold liquidation sales once pandemic-related regulations are lifted.

Other stores closing in New York:

• Auburn: Clark Street Road
• Oswego: State Route 104
• New Hartford: Sangertown Square
• Rome: Erie Boulevard West
• Canandaigua: State Route 364
• Syracuse: Destiny USA Drive

For more: USA Today.

From the Batavia office of Merrill Lynch:

Given today’s health concerns and restrictions related to large gatherings as well as the economic challenges faced by many businesses and individuals, we feel it’s in the best interests of all to cancel the GLOW Corporate Cup for 2020.

We thank you for your understanding and very much appreciate all of your support over the first seven years of what has turned into a terrific community event.

We did consider a virtual format for this year, as some other long-standing races have done, but felt that the uniqueness of our event’s AfterGLOW celebration could never be virtualized.

Our plan is to make the event even bigger and better for 2021…and we hope you will help us make that happen.

Merrill Lynch will still be making a donation to the GLOW YMCA during this year of heightened need. We invite our past sponsors and participants to join us in that effort as all gifts this year will help send a child to camp.

The GLOW YMCA recognizes the growing need for financial assistance and they do not want any child to miss out on this year‘s educational and fun-filled summer.

A variety of upgrades to this year‘s camp program will make it unlike any other, especially because campers will all participate in a hands-on STEAM* project to prevent summer learning loss!

To make a donation, click here.

Congratulations to you if you have been training for the GLOW Corporate Cup and we encourage you to keep it up.We all know how regular exercise helps us mentally just as much as it does physically.

Again, thank you for your continued support -- we hope all of you and your families enjoy a safe and healthy summer.

* STEAM: Science, Technology, Engineering, the Arts and Mathematics

File photo from the 2016 GLOW Corporate Cup, when they had 1,000 participants in the race.

Taylor K. Laird, 27, of Mechanic Street, Byron, is charged with: driving while intoxicated; aggravated DWI -- child in vehicle; aggravated unlicensed operation. Laird was arrested at 10:57 a.m. on May 28 on Pearl Street in Batavia following a "check the welfare call" at a business on West Main Street. Batavia Police Officer Sean Wilson handled the case, assisted by Officer Connor Borchert and the NYS Police.

Salvatore P. Scarlata, 36, of East Main Street Road, Stafford, is charged with criminal contempt. Scarlata was arrested at 6:52 p.m. on June 3 on East Main Street Road in Stafford after he was allegedly found in the presence of a person with an order of protection against him out of Town of Sweden Court. Scarlata was fingerprinted, photographed and issued an appearance ticket for Aug. 6 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Andrew Mullen.

Brittany L. Bolton, 20, of East Main Street Road, Stafford, is charged with criminal contempt. Bolton was arrested at 6:52 p.m. on June 3 on East Main Street Road in Stafford after allegedly being found in the presence of a person with an order of protection from Town of Greece Court. She was fingerprinted, photographed and issued an appearance ticket for Aug. 4 in Town of Stafford Court. The case was handled by Genesee County Sheriff's Deputy Christopher Erion, assisted by Deputy Andrew Mullen.

Ashley K. Marshall, 28, of Batavia (no address provided), was arrested and issued appearance tickets for Town of Warsaw Court, where she is due to appear at a later date. At 4:20 p.m. on May 31, Wyoming County Sheriff's deputies were patrolling northbound Route 19 in the Town of Warsaw when they stopped Marshall near Mungers Mill Road for having a suspended registration. She was also ticketed for having an uninspected motor vehicle, and operating a motor vehicle which had broken glass. The deputy handling the case was Austin Harding.

A Batavia resident was among protesters on Main Street this afternoon but in his attempt to document his participation, he shot video of the Genesee County Jail.

That drew the attention of local law enforcement. He said he was approached by a Batavia police officer and a corrections officer and asked not to take photos of the jail. He said he told officers he was in a public place and could photograph anything visible to the public. He indicated officers didn't pursue matters further and he said he would continue to carry his sign and take video of the jail.

A fundraising event this Sunday called "Cruising for Mercy Flight" has been cancelled.

It was to feature a Mercy Flight helicopter on a tractor-trailer along with vintage automobiles and hot rods, leaving the Genesee County Fairgrounds at about 1 p.m. escorted by Sheriff's deputies for a countywide convoy.

"The sheriff cannot guarantee the safety of the event," wrote Pam Cherry, Mercy Flight Outreach coordinator for Batavia. "We would like to offer participants to email me pictures of their classic cars and we will share them on social media as a virtual classic car show."

Genesee County Sheriff’s Office, especially Undersheriff Brad Mazur, the Genesee County Agricultural Society, and the Batavia and Le Roy police departments were working to make the event possible. It was the brainchild of Bill and Jeanne Freeman.

Send Cherry a digital photo of your ride at: PCherry@mercyflight.org

Clover the rover is back home.

The inky-coated opportunist from the Raymond Avenue area of the city left April 25 to frolic about self-indulgently, thereby trifling with the tender hearts of the two little girls who dote on her. They fretted so about their pet's return.

In an email to The Batavian today, their mom, Bonnie Hoag, says: "Thanks to an amazing community effort (specifically Zachary and his girlfriend on Ellicott Avenue), Clover is finally no longer roaming! Thank you for your help, too!"

The cat's pre-escape modus operandi was self-imposed lockdown; perhaps now that is less a choice and more a rule.

Previously: Clover 'the rover' is roaming around the Raymond Avenue area of the city

Submitted photos.

Interview with Batavia PD Chief Shawn Heubusch. We will be talking at 10:30 a.m. about the killing of George Floyd and the events, both nationally and locally, that have followed.

Though he wasn't part of yesterday's meeting, City Council President Eugene Jankowski said tonight there was never any agreement between the city and organizers of a planned protest against racial injustice to coordinate an alternative event in Williams Park.

Jankowski said he communicated to Macy Paradise within 30 minutes of Paradise announcing a BBQ for Equality on Facebook that no event can be sanctioned by the city without City Council authorization.

"I was very clear that morning with Macy and Chelsea (another person reportedly involved in organizing the event) that unless it goes through Council, the City Manager has no authority to approve anything like this," Jankowski said.

Paradise also sent information to The Batavian about the event and said that Police Chief Shawn Heubusch had agreed to speak at the event. After The Batavian spoke with Heubusch and Heubusch said he would speak, we published a story. We then did a live video interview with Paradise later that afternoon and Jankowski said that interview was well after he had informed Paradise that the city could not commit based on just a meeting with staff to either participating in an event or approving an event without a permit, which must be approved by the City Council.

Jankowski said while he doesn't know the particulars of the meeting on Monday morning, he doesn't believe Moore made any verbal commitments and he certainly didn't commit the city or City Church to providing free food for the event.

This evening, the City Manager Martin Moore put out the following statement:

“Due to the ongoing events that are occurring in Buffalo, Rochester, and elsewhere in the region, the City of Batavia will not participate in, and has not approved any official community event at this time, as we need to keep citizens safe. We have been working with multiple law enforcement agencies across the region to ensure that we are prepared for any type of public demonstrations, and we anticipate a respectful response from our local community members. ”

We also spoke with Moore and asked about the consequences of "moving" Sunday's event from Williams Park, which will less likely be a target for outside agitators, to Downtown -- which is the likely location for a planned march or protest if not Williams Park. Moore said it isn't a move because the city was never involved in any event at all.

Some local business owners have expressed concern about a protest taking place Downtown.

Moore said violence following peaceful protests in Rochester and Buffalo has given the city pause to participate in any event. Jankowski said the city was also concerned about liability and the city getting sued if something went wrong for an event they "co-sponsored."

"We're a town of 15,000 people," Moore said. "We are talking to state and federal experts in law enforcement and taking their advice."

Paradise let people know today that the BBQ was canceled and that other people were organizing a march.

Tonight, we reached out to Greg Munroe, one of four people organizing Sunday's protest/march.

Munroe said he will be at City Hall at 8 a.m. Sunday to help ensure things remain organized with the march scheduled to start at 11 a.m.

"We're still actually putting together the plan," Munroe said, "but this will be a peaceful protest that starts at City Hall."

The message he hopes the protest will convey is one of solidarity for the whole community. He said in that spirit, he hopes the police will participate, as they did today in Lockport (there have also been examples in Schenectady and Auburn). 

He said police participation would help show the community that if anything tragic ever happened here, "there will be accountability; they will be on the side of right regardless of who is wrong."

When it looked like there was going to be a BBQ in Williams Park, Chief Heubusch was going to be one of the speakers. Munroe said he hopes the chief will participate in the event on Sunday, that he would be welcome to join in.

Jankowski said he supports a peaceful protest Downtown. That is everybody's constitutional right, he said. He did say he expects everybody to obey the law, which prohibits gatherings of people from blocking traffic.  

Munroe said he doesn't anticipate a problem but he doesn't know how many people will show up. 

He also acknowledges that the biggest issue at protests in other communities has been outside agitators. He said he and his fellow leaders will be on the lookout for troublemakers, but that the potential for trouble is why it's also important for the police and protestors to cooperate.   

If organizers spot somebody who might cause problems, they will look for ways to de-escalate or ask them to leave.

"If we try to de-escalate and the police try to de-escalate, especially if we do it on both sides, we should avoid any problems," Munroe said.

The city also issued this statement tonight:

The City of Batavia stands in deep sadness and grief over the action of officers in Minneapolis, Minnesota resulting in the death of George Floyd. We have also been saddened over recent situations where Americans were murdered, abused, and treated unfairly by members of their community or law enforcement officials.

“I do not condone the use of excessive force by law enforcement officers, and I am proud to say that the City of Batavia promotes a high professional standard at our Police Department, with Officers committed to protect and serve all of our citizens. The City of Batavia Police Department is deliberate in their training and certification and take a community policing approach to engage the community and build bridges,” said Martin D. Moore, City of Batavia manager. “As always, my office is open. Please contact me if you have any concerns.”

“The actions of the police officers in Minneapolis leading to the death of George Floyd were despicable and unjustified given the information known to me at this time. No individual is above the law, and those that commit crimes, whether civilian, law enforcement, or government official, should be prosecuted to the fullest extent. The City of Batavia Police Department believes whole-heartedly in compassion, understanding, and communication with our community and condemn violence of any kind,” said Shawn Heubusch, City of Batavia Police chief.

The City of Batavia and Officers of the Batavia Police Department stand in solidarity to support meaningful change, however, the violence and chaos that has erupted in our region and across America must be stopped. Exploiting meaningful protests is a deplorable act, blurring the lines of what we all seek to achieve. 

Batavia has gone through difficult moments, even difficult decades, but is a community built by Americans from all walks of life who worked hard to build a vibrant family-oriented city that accepts all people.  

“We are willing to listen and have a dialogue with anyone, at any time, to better understand and reach common ground, but we will not allow our community to be a target for violence. The Batavia Police Department is working together with local, state, and federal law enforcement in a coordinated effort to protect the safety of our community, and are prepared in the case that any individual or group(s) incites violence,” concluded Police Chief Heubusch.

Previously: 

• Local group calling for social justice and City coming together for 'BBQ for Equality'
• LIVE: Interview Macy Paradise, about the upcoming BBQ for Equality
• BBQ for Equality in Williams Park canceled, organizers still plan march downtown for Sunday