batavia

City crews this morning repaired a sink hole at 15 Oak St., Batavia. The location is a storm sewer that is still in use and is older than any of the homes on the block.

Press release:

The City of Batavia Republican Committee is excited to announce the results of its endorsement meeting held April 23rd. Securing the endorsement for the three City Council At-Large seats are Eugene (Geno) Jankowski Jr., John Deleo, and incumbent, Brooks Hawley. This slate of candidates represents an excellent mix of experience, enthusiasm and fresh ideas. 

Brooks resides in the City with his wife, Rhiannon, and their three children: Kelsey, Troy and Quinn. He serves as the recreation director at SUNY Geneseo and is completing his first term as an At-Large Council Member. 

Geno is a retired lieutenant from the City of Batavia Police Department and resides in the City with his wife, Leanne. He has two grown children, Bryan and Jennifer, along with a grown stepson, Nate. 

John is a retired N.Y. State corrections officer currently serving as a security guard at Batavia Downs Casino. He lives in the City with his longtime partner, Debbie Kulikowski.  Together they have four grown children. 

The Committee is proud to support all three candidates and committed to working hard toward a successful November election on behalf of all the residents of the City!

Top photo submitted by City GOP. Inset photo, file photo by Howard Owens.
 

A smash-and-grab thief struck three convenience stores overnight -- two in Genesee County and one in Erie -- taking cash and cigarettes.

The first break-in was reported at West Main Mini-Mart, 3845 W. Main Street Road, Batavia, at 10:54 p.m., according to Chief Deputy Jerome Brewster. The perpetrator smashed in the front doors and stole the cash register and an unknown quantity of cigarettes.

At 11:35 p.m., dispatchers received a burglary alarm for the Raceway Mini-Mart, 629 E. Main St., Batavia.

When officers arrived they found the front door smashed in and reported seeing evidence that the cash register and some quantity of cigarettes were stolen.

Chief of Police Shawn Heubusch said Batavia PD will release information on this break-in later today.

The Erie County Sheriff's reported a similar break-in at a store in Clarence at 12:33 a.m with the thief getting away with loose change, according to Brewster.

UPDATE: Batavia PD reports that about 20 cartons of cigarettes were taken from the Raceway location.

The Kiwanis Club of Batavia hosted its annual Law Day Dinner and honored six individuals for their outstanding career achievements in law and law enforcement.

Family Court Judge Eric Adams, above, was the keynote speaker.

Here are the honorees and information about their accomplishments as provided by the Kiwanis Club.

Gary A. Graber - Town Justice, Darien, New York
Judge Graber has been the Town Justice of Darien for the past 33 years, the longest presently sitting Justice in Genesee County. He has been a life member of the Darien Center Chemical Fire Department for 38 years, 10 years on the Board of Directors including two years as chairman. He also served as Darien Town constable prior to being elected town justice. Judge Graber has been an outstanding and recognized leader in the area of criminal justice in Genesee County, New York State and nationally.  He most recently was elected as president of the New York State Magistrates Association for 2012-2013 and has been a member of several committees and associations. Judge Graber was nominated for this award by retired Town of Bethany Justice Edgar J. Hollwedel.

Nicole Desmond – Treatment Court Coordinator, Batavia City Court
Nicole Desmond has had a substantial and significant impact on the criminal justice system in Genesee County.  She was hired in June of 2004 as a therapist with the Genesee County Mental Health Clinic and was assigned responsibility for Court Evaluations and the mental health needs of the inmates housed in the Genesee County Jail. In 2008, Ms. Desmond became the Drug Court coordinator, working out of Batavia City Court. She established weekend DWI testing protocols and worked along with several professionals and organizations to establish the Mental Health Court and the Veterans Track. Ms. Desmond has distinguished herself as a knowledgeable, passionate and hard-working professional dedicated to identifying gaps in systems and helping to facilitate humanistic programs to effect positive change. She was nominated for this award by Genesee County Jail Superintendent Ed Minardo.

Eugene A. Jankowski – Retired Lieutenant, City of Batavia Police Department
Eugene A. Jankowski served as the commander of the Batavia Police Department’s Emergency Response Team since its inception in 1994 until his retirement in 2013. He oversaw and organized the establishment of the team, sought out experts in the field, fostered relationships and arranged for the team’s training. Mr. Jankowski has dedicated an extraordinary amount of time and devotion to ensure that the team receives the proper training in up-to-date tactics and the best equipment, ensuring the safety of the team’s members and the success of the missions performed. Mr. Jankowski also was instrumental in the transition of the team from being solely a Batavia Police Department team to one that also incorporates members from the Genesee County Sheriff’s Office, enabling the team to provide services to all of Genesee County. Mr. Jankowski was nominated for this award by Batavia Police Detective Sergeant Patrick J. Corona.

Robert C. Noonan – Genesee County Judge, Genesee County Court
Robert C. Noonan is currently Genesee County Judge and has been since first elected in 1997.  He also serves as an acting Justice of the Genesee County Supreme Court. Judge Noonan served as Genesee County District Attorney from 1988 to 1996 and served as First Assistant District Attorney from 1980 to 1987. He attended St. Lawrence University and obtained a law degree from Fordham University Law School in 1975. Judge Noonan is former chair of the New York State Bar Association Special Committee on Procedures for Judicial Discipline and is past president of the County Court Judges’ Association of the State of New York. Judge Noonan has been a leader in criminal justice for several years and is well respected by his peers and members of the criminal justice system. Judge Noonan was nominated for this award by Genesee County Sheriff Gary T. Maha.

Sandy Wojtaszczyk – Child Protective Services Supervisor, Genesee County Department of Social Services
Sandy Wojtaszczyk began her employment with the Genesee County Department of Social Services in 1998 as an aide for Adult Services, was promoted in 2000 to caseworker and then to supervisor in 2009. She supervises a staff of eight full-time caseworkers who oversee 1,000 suspected cases of child abuse, neglect and/or maltreatment each year in the Genesee County area. Sandy is also responsible for the on-call system 24-hours-a-day, seven days a week, and 365 days a year. She volunteers to supervise student interns from various local colleges that wish to obtain practical experience in the field of child welfare. Sandy has served on several teams and panels in the community and continuously volunteers at the Salvation Army during the holidays and for the women’s auxiliary at the Elba Fire Department. Ms. Wojtaszczyk is an efficient, effective, and respected supervisor that has served her community and county in many capacities in a humble, modest and respectful manner. Ms. Wojtaszczyk was nominated for this award by New York State Police Investigator Andre Dunlap.

Thomas A. Graham – Town Justice, Oakfield, New York
Judge Graham has been the Town Justice for Oakfield since 2006. He is the treasurer for the Genesee County Magistrates’ Association and is also responsible for coordinating training for the group. Previously, Judge Graham was employed as a sargeant with the Genesee County Sheriff’s Office, and after serving 20 years, retired in 2005. During his tenure at the Sheriff’s Office, Judge Graham oversaw the Dispatch Center and its transition to the 800-megahertz radio system. Judge Graham is involved in educating the youth in Oakfield by allowing Boy Scout Troops and students to attend his court sessions and then stays after to answer questions and explain court procedures. In his role as Town Justice, Judge Graham has earned the respect of other judges and attorneys in the County by portraying a professional and fair attitude. Judge Graham was nominated for this award by fellow Oakfield Town Justice and Retired Batavia Police Chief Randy Baker.

CHARLES L. MANCUSO AWARD
The “Charles L. Mancuso Award” was presented to the members of the Batavia High School Mock Trial Team as winners of the 2013 GLOWS (Genesee, Livingston, Orleans, Wyoming and Steuben counties) District Competition in the New York State Bar Association High School Mock Trial Tournament.  The award reads “Dedicated to the Memory of an Outstanding Attorney-Citizen”, Mr. Mancuso, a Batavia lawyer, served as coordinator of the local competition until his untimely death seven years ago. The Batavia High School team members honored at the dinner include: Attorneys: Kaitlin Logsdon, Trey Abdella, McKenzie Stevens, Matthew Gabriele, Bryce Rogers, Beth Bennion, Rebecca Canale, Danielle Quinn. Witnesses: Brandon Smart,
Dylan Beckman, Samir Jain, Eric DiLaura, Katie Kesler, Cara Ranalli, Alex Mott, Adam Weaver, Chelsea Jensen.

Genesee County District Attorney Lawrence Friedman, who serves as coordinator of the local Mock Trial Program, and Genesee County Bar Association President Mary Kay Yanik presented the award.

Eugene Jankowski

Sheriff Gary Maha and Judge Robert C. Noonan

To purchase prints of these photos, click here.

Daniel Thomas Henning, 32, of Maple Street, Batavia, is charged with six counts of forgery, 2nd, and one count of grand larceny, 4th. Henning is accused of using the business credit card of his employer to make unauthorized personal purchases at a retail store on Veterans Memorial Drive. He allegedly signed the name of a coworker to the sales receipts. Henning was jailed on $20,000. He faces possible additional charges in the City of Batavia for similar activity at a store on Ellicott Street.

Matthew F. Vanbuskirk, 23, of Le Roy, is charged with DWI and unlawful possession of marijuana. Vanbuskirk was arrested by State Police related to an incident reported at 4:27 p.m., April 17. Vanbuskirk was arrested at Strong Memorial Hospital.

Rose Elizabeth George, 22, of Council House Road, Basom, was arrested on a bench warrant related to a harssment, 2nd, charge.

A Hutchins Street resident was arrested at her home Wednesday evening by members of the Local Drug Enforcement Task Force for allegedly selling cocaine to an undercover agent.

Michelle C. Scroger, 41, is being charged with two counts of criminal sale of a controlled substance, 3rd, a Class B felony, and two counts of criminal possession of a controlled substance, 3rd.

Scroger is accused of selling cocaine to an agent on two separate occasions.

She was arrested on a sealed grand jury indictment and jailed pending further court proceedings.

Batavia PD assisted in Scroger's arrest.

Press release:

At one Batavia insurance agency, when spring rolls around, it’s Team Lawley all the way. Staff throws donations into a hat to win vacation days from work, and clients of Lawley Genesee Insurance Agency open their wallets, too, in support of the agency’s managing partner, Bill Fritts. Fritts’ wife, Theresa, has multiple sclerosis, and each spring for the past five years, just about everyone in the office has participated in Walk MS Batavia, a fundraiser for the National MS Society Upstate New York Chapter.

“Theresa is a very nice person, and it just seemed like a great thing to get involved with once we learned she had MS,” said Marissa Weaver, an account manager at the company.

Money raised through Walk MS goes to research to find a cure for the often disabling disease of the central nervous system that affects more than 100 people in Genesee County. Funds also support programs and services for more than 12,800 people living with MS in Upstate New York and their families. This year, Walk MS Batavia is on Sunday, May 5, at Dwyer Stadium starting at 10 a.m.

“Our office enjoys participating in fundraisers and events in the community, so it just seemed natural to want to get involved where it meant something to someone we know,“ said Weaver, who is captain of Team Lawley, which raised $1,500 last year.

One unique fundraiser they devised is an office raffle – a dollar a ticket – and the winner gets paid time off from work.

“People in the community think it’s great,” Weaver said. “Our company has several core values and one is community involvement. We are trying to come up with more creative ideas how to fund raise that might be out of the office and more in the community.”

The staff puts together baskets to raffle off, that include a mix of lottery tickets and gift cards, and clients generously pitch in to win.

The staff’s leader, Fritts, will be among the team’s 20 members walking this year.

“It’s fun to get out of the office and together with coworkers,” Weaver said, “especially for an event like Walk MS. It’s most enjoyable on a nice weather day, but we walk through rain or shine.” 

And Weaver says Fritts is grateful the whole office has come on board in honor of his wife, supporting her through good weather and bad.

A Genesee Community College softball coach who was accused of filing time cards for duplicate hours worked at two different government agencies has resigned her position with the college, according to GCC spokesperson Richard Ensmans.

Besides coaching at GCC, Renee Smith, 28, was being paid as a recreational therapist for the State Office for People with Developmental Disabilities.

The inspector general said at one time Smith said she was on the clock for her full-time job with the state when she was in fact traveling to Myrtle Beach, SC, with the GCC softball team.

The state claims Smith bilked the state out of $1,000 in false payments.

The Democrat & Chronicle was first to report the allegation that Smith was double-dipping on her state pay and her GCC pay.

(via WBTA)

Grace Suozzi, the 70-year-old former Walmart cashier who was punched in the face Christmas Eve 2011 by 27-year-old Jacquetta Simmons, is seeking $2,100 in restitution for expenses related to her injury.

Judge Robert C. Noonan presided today over a restitution hearing and will issue a decision later on the restitution request.

Suozzi's daughter, Teresa Wormley, testified that she has been handling her mother's medical care, including taking her to and from medical appointments.

The itemized list of restitution claims includes co-pays, high blood pressure medication, transportation mileage and lost earnings because Suozzi could not work as a poll watcher during the last election.

The attorney for Simmons, Earl Key, objected to just about every question put to Wormley by ADA Melissa Cianfrini, saying that Wormley lacked the proper expertise on the topics.

At one point, Noonan became exasperated with Key and told him the rules for evidence in a restitution hearing were not the same as criminal trial.

Key said he just wanted to get his objections on the record, which Noonan agreed was his right.

During cross examination, Key probed Wormley about why she hadn't submitted medical bills to workers comp and Wormley said she didn't know she could. 

In closing arguments, Key argued that Suozzi wasn't entitled to restitution for items she could have been reimbursed for (through workers comp) and that since Suozzi hadn't been to a doctor for years priror to the incident, there's no way of knowing if she already had high blood pressure. Key argued that Simmons shouldn't pay for the $215 in high blood pressure medication.

Cianfrini said that Simmons was responsible for actual out-of-pocket expenses and the restitution sought was within the scope of the law. She also pointed out that the court has previously awarded restitution for a third party to drive a victim to and from medical appointments.

After the hearing, District Attorney Lawrence Friedman said it doesn't really matter whether Suozzi has sought workers comp for her uncovered medical expenses because any restitution would go to workers comp if those claims were approved.

Typically, in restitution cases, defendants must reimburse insurance companies that have paid out claims.

Simmons, out of prison pending an appeal of her sentence, appeared in court with her family and her infant child.

At the end of the hearing, Noonan asked about the status of the stay of sentence issued by the Court of Appeals. The stay expires May 31 and Key indicated he plans to have his actual motion to have the sentence vacated by then, and will seek a continuation of the stay pending further consideration of the appeal.

Two of the group of railroad crossings between the Genesee and Erie County line that had been closed reopened this morning by 9, but the rest remain closed and according to a CSX manager at Wortendyke Road, will remain closed through tomorrow.

Upton and Snipery roads are open.

Route 77, which had been partially closed for some repair work was open at 10:30 a.m.

The closures are affecting travel for residents, bus drivers, and of course, emergency responders. 

We requested comment from the CSX media center last night and again today but have yet to get a response.

Crossing above: Wortendyke Road.

UPDATE: As soon as I hit save on this, a representative from CSX called. He needed to get more information so he could get us more information. We'll update this post accordingly when we hear back.

Wilkinson Road

Ellinwood Avenue

Colby Road

Fargo Road

Some railroads crossings of the CSX line in Genesee County will be temporarily closed this evening in portions of the Town of Batavia, Darien, Corfu and East Pembroke.

Railroad crossings will be closed to all traffic on Wortendyke, Upton, Wilkinson and Colby roads, and Ellinwood Avenue, and possibly at other locations along that rail route.

The closure is expected to last until approximately midnight.

Press release:

The Genesee-Orleans Regional Arts Council (aka GO ART!) is honored to be working together with local author Bill Kauffman to host a preview screening of "Copperhead," the third film in director Ron Maxwell’s ("Gettysburg," "Gods & Generals") American Civil War anthology. Kauffman wrote the screenplay.

The film, starring Billy Campbell and Peter Fonda, will be released in theaters on June 28. This special preview screening takes place at 7 p.m. on Thursday, June 13, at the Stuart Steiner Theatre, Genesee Community College, Batavia. Following the screening is a short presentation by Screenwriter Kauffman along with a Q&A with Kauffman and Director Maxwell, who will be in attendance.

Maurice G. Leach, 36, of State Street, Batavia, is charged with felony DWI, felony aggravated unlicensed operation, driving with out interlock device, operating out of ignition interlock restrictions, speeding, unlicensed operator and refusal to take breath test. Leach was stopped at 12:53 a.m., Tuesday, on Route 33, Stafford, by Deputy James Diehl.

Kevin P. Heinman, 30, of 8290 W. Bergen Road, Le Roy, is charged with DWI, moving from lane unsafely and refusal to take breath test. Heinman was stopped Friday by Le Roy PD after allegedly being observed making a wide left turn from Route 19 to Route 5 and weaving between two westbound lanes, then striking a curb. Heinman was jailed on an unspecified amount of bail.

Ted E. Kingsley, 40, no permanent address, is charged with petit larceny. Kingsley is accused of shoplifting from a store on West Main Street, Le Roy, taking several items, including beer. Kingsley was jailed on $1,500 bail.

Earl F. Pickard, 52, of 57 W. Main St., Le Roy, is charged with petit larceny. Pickard is accused of stealing beer from a store on West Main Street, Le Roy.

Patrick Scott Rumble, 26, of Main Street, Batavia, was arrested on a warrant for allegedly not paying a fine in Town of Byron Court stemming from a conviction on criminal possession of a controlled substance. Rumble paid the fine and was released.

Melissa Marie Morton, 27, of West Middlebury Road, East Bethany, is charged with two counts of trespass. Morton allegedly entered the Target store in Batavia on April 9 and April 12 after being previously banned from the store.

Austin D. Zauner, 17, of Darien Center, is charged with driving while ability impaired by drugs. Zauner is accused of driving while under the influence of marijuana. Zauner's vehicle was stopped by State Police in the Town of Bennington on Sunday for an alleged traffic violation. A trooper trained in drug recognition evaluated Zauner and a urine sample was collected for analysis at the crime lab in Albany. His passengers, Matthew P. Tambe, 18, and Tyler M. Tambe, 18, were charged with unlawful possession of marijuana.

Following a 7-4 Batavia victory over Pembroke, both coaches for the girls softball teams said they see things to build on that could carry them into sectional play.

"We need to be more consistent," said Pembroke's Ron Funke. "We're a good hitting team, but we to do the little things. The mental mistakes are hurting us right now."

The Lady Dragons are 3-4 so far this year and Funke said that now that the weather should improve and the girls play together more, those little mistakes will get ironed out.

"The more games we get in, the more consistent we'll become," Funke said.

For Burt Howell, head coach for Batavia, he saw a pitcher today, and his hitters who are starting to put things together.

"When you see them go from practice to game and get some of the skills in it makes you think they're going to get better fast," Howell said.

Kim Walsh threw hard today and Howell thinks that was the big difference in the game.

"She controlled the game from the circle," Howell said. "If she she pitches like that on a daily basis, there isn't anybody we don't think we can't beat. We need the youngsters to make plays behind her, but when she throws like that the girls are in the game and we start to actually make plays."

Among the younger players who stepped up their performance today was Hannah Bowen, who went 2-4 and his hitting .667 so far this season. She's in eighth grade. She also had three RBI on two doubles.

Walsh also went 2-4, including a monster double that would have cleared any fence in a typical softball field if there was one at the Batavia field.

Pembroke had 10 hits, led by Deanna Perry, who went 2-3, and Danni Dellapenta, who was 2-4 with two doubles, and Bre Johnson, who had a triple.

Howell praised Perry saying that she proved she could turn on Walsh's fastball, so they had to change speeds on her.

To purchase prints of photos, click here.

A farmer rolls a field just off Lewiston Road, Batavia, in preperation for spring planting.

Press release:

On April 27 from 10 a.m. to 2 p.m. Genesee County law enforcement agencies and the Drug Enforcement Administration (DEA) will give the public its sixth opportunity in three years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. The service is free and anonymous, no questions asked.

The Genesee County Sheriff's Office will be manning a collection site at the Pembroke Town Highway Barns, located routes 5 and 77, East Pembroke.

There will be no collection site at the Sheriff's Office on Park Road.

Last September, Americans turned in 244 tons of prescription drugs at over 5,200 sites operated by the DEA and its thousands of state and local law enforcement partners. In its five previous Take Back events, DEA and its partners took in over 2 million pounds — over a thousand tons — of pills.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines — flushing them down the toilet or throwing them in the trash — both pose potential safety and health hazards.

Four days after the first event, Congress passed the Secure and Responsible Drug Disposal Act of 2010, which amends the Controlled Substances Act to allow an “ultimate user” of controlled substance medications to dispose of them by delivering them to entities authorized by the Attorney General to accept them. The Act also allows the Attorney General to authorize long-term care facilities to dispose of their residents’ controlled substances in certain instances. DEA is drafting regulations to implement the Act. Until new regulations are in place, local law enforcement agencies and the DEA will continue to hold prescription drug take-back events every few months.

Tiffany Vanderworth, curator with the Buffalo Zoo, leads a group of children at Jackson School this morning in a discussion about polar bears. Vanderworth covered the nature, habits and habitat of polar bears.

Crime Victims' Rights Week kicked off in Genesee County today with the raising of a ceremonial flag by a local law enforcement color guard at Genesee Community College, followed by a daylong seminar for students, police and others who work with crime victims on human trafficking.

Theresa Asmus delivered opening remarks. U.S. Attorney for WNY William Hochul was the morning's keynote speaker.