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Law and Order: Man accused of shouting obscenities, resisting arrest

By Howard B. Owens

Russell L. Penepent, 50, of 218 State St., Batavia, is charged with disorderly conduct, harassment, 2nd, and resisting arrest. Penepent is accused of yelling obscenities at passing traffic while in the area of 19 Oak St., Batavia, and causing a disturbance. Penepent then allegedly fought with police when officers attempted to take him into custody. Penepent was jailed on $10,000 bail or $20,000 bond. The incident was handled by officers Eric Dibble, Kevin DeFelice, Marc Lawrence and Sgt. Chris Camp.

Jamie L. Ayala, 33, of 10 Wood St., Batavia, is charged with trespass. The alleged incident was reported April 16 at 412 E. Main St., Batavia, and Ayala turned herself in on a warrant Thursday. No further details released.

Robert L. Stanley, 53, of 26 Ganson Ave., lower, Batavia, is charged with criminal contempt, 2nd. Stanley is accused of violating a stay away order of protection at 7:24 p.m., Friday. Stanley was jailed on $1,000 bail.

Matthew A. Poole, 21, of 5 Warren St., Batavia, is charged with disorderly conduct. Poole was charged following an alleged incident reported at 2:16 a.m. Sunday at 262 East Ave. in Batavia.  No further details were released.

Jeremy R. Eaton, 36, of 129 State St., Batavia, is charged with harassment, 2nd, criminal mischief, 4th, and endangering the welfare of a child. Eaton turned himself in on a warrant related to an alleged incident at 12:40 a.m., Friday. Eaton was jailed on $1,000 bail. No further details were released.

Danny J. Torok Jr., 25, of 34 Maple St., upper, is charged with harassment ,2nd, criminal obstruction of breathing/blood circulation and endangering the welfare of child. Torok was arrested in connection with an alleged incident at 11:45 a.m. Friday at 34 Maple St., Batavia. Torok was jailed on $2,500 bail.

Jordan Matthew Brown, 20, of Ellicott Street, upper, Batavia, is charged with petit larceny. Brown is accused of shoplifting at Kmart on Friday.

Michael Foster Brandt, 22, of Montclair Avenue, Batavia, is charged with driving while ability impaired by drugs, tinted windows, no front plant and loud exhaust. Brandt was stopped at 4:01 p.m. on Feb. 2 by Deputy Kevin McCarthy. Further investigation revealed Brandt was allegedly under the influence of drugs at the time of the stop.

Michael Foster Brandt, 22, of Montclair Avenue, Batavia, is charged with criminal mischief, 4th, for allegedly kicking and damaging the car of another person at a location on Route 5, Stafford, at 4:24 p.m. Jan. 26.

Destiny Mikel London, 22, of Hanlon Road, Albion, is charged with two counts of felony aggravated DWI, driving while ability impaired by drugs, driving on a suspended registration, aggravated unlicensed operation and no insurance. London was stopped at 6:33 p.m., Friday, on Main Street, Oakfield, by Deputy Howard Carlson. She allegedly had two children in the vehicle at the time, ages 2 and 3.

Minnie Henry, 25, Pearl Street Road, Batavia, is charged with resisting arrest, DWI, driving with a BAC of .08 or greater and speeding. Henry's vehicle was stopped for allegedly driving 69 in a 66 mph zone on Hartshorn Road at 2:10 a.m. Saturday by Deputy Joseph Corona.

Jared Shaun McDonald, 19, of Lake Street Road, Pavilion, is charged with assault, 3rd. McDonald allegedly pushed another person causing a back injury at 3:57 a.m., Sunday. McDonald was jailed on $1,000 bail or $2,000 bond.

A 17-year-old from Darien Center, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Summer R. Prentice, 19, of Knowlesville Road, Alabama, is charged with obstructing governmental administration, 2nd, resisting arrest, disorderly conduct and harassment, 2nd. Prentice was arrested and held on bail related to alleged events reported at 12:46 p.m., April 5, in the Town of Oakfield.

Stephanie A. Wixson, 36, of North Street, Batavia, is charged with aggravated unlicensed operation and driving while impaired by drugs. Wixson was stopped at 10:31 p.m. April 16 in the Town of Alexander by State Police. No further details released.

Photo: Cast of 'On Broadway IV' presented by the Batavia Players

By Howard B. Owens

Batavia Players opened "On Broadway IV" tonight with a dinner theater production at Terry Hills.

The show offers selections from several Broadway musical hits, such as "The Heights," "Footloose," "Jersey Boys" and "Mamma Mia!"

The show continues this week at the 56 Theater, 56 Harvester Ave., Batavia, with performances at 7:30 p.m. Thursday, Friday and Saturday and a 2 p.m. matinee Sunday.

"On Broadway IV" is directed by Scott Laird and choreographed by Nikki Lanich.

The cast includes Brenda Andrews, Shellene Bailey, Alex Balbi, Aryn Bielski, Gabrielle Henry, Teressa Hirsch, Nash Johns, Kim Laird, Scott Laird, Nikki Lanich, Trevor Lee, Andrew Magin, Amy Martin, Paul Spiotta, Erin Stamp, Brianna Strassner, Anita Strollo, Serena Strollo-Dicenso, Amanda Melissa Taylor and Keara Zerillo.

Sink hole opens at property on Oak Street

By Howard B. Owens

James Pontillo sent this picture of a sink hole that opened up at his property at 15 Oak St., Batavia. He said it opened at spot where he was standing and he fell in. The hole is now five-feet deep.

It may be an old city sewer line.

City DPW put up barricades for the night.

Pero brothers entering trash business in Batavia

By Howard B. Owens

Jeff and Dave Pero see a business opportunity in Batavia -- picking up garbage.

The brothers took over management of rental properties owned by their grandfather after he died last year and when they started getting pricing for garbage collection under the new open-market system in Batavia, they thought it would expensive to hire a company to pick up trash at all of those properties.

They decided they would just take care of garbage collection at their own properties themselves, but that thought was quickly followed by another, "why don't we just do it for the whole city?"

Jeff and Dave won't be the first Peros to offer garbage collection in Batavia. Their great-grandfather had a trash company at one time.

They're buying a dump truck and will operate as Trash Away, picking up residential garbage. Customers who put out fewer than six 30-gallon bags per week or three standard trash cans per week will pay $18 bucks a month.

People who live alone and generate no more than one bag of trash per week will get a special price of $10 a month.

Trash Away will also pick up an unlimited amount of recycling.

When customers need bulk item pick-up or yard waste pick-up, Trash Away will offer the service by appointment and the price will be negotiated based on the size of the job.

The company will also offer attic, garage and basement clean-up for a fee.

For information call (585) 250-4065 or e-mail them at bataviatrashaway@gmail.com

Batavia comes up one point short in regional Mock Trials final

By Howard B. Owens

Batavia High School lost to Frewsburg, out of Chautauqua County, 51-50, this afternoon in the final of Regional Mock Trials Tournament.

Both teams were 1-1 in the finals, presided over by Eugene F. Pigott Jr., associate judge of the New York State Court of Appeals.

Frewsburg will compete in the state championship rounds in Albany.

It's the first time in the 31-year history of the tournament that a team from neither Monroe County nor Erie County will represent WNY and the Southern Tier region, according to District Attorney Lawrence Friedman.

The morning's semifinal rounds were close, with all four teams going 1-1. Batavia and Frewsburg advanced with 117 points each. Pittsford Mendon and Clarence had 116 points each.

Judge Robert C. Noonan and Judge Eric R. Adams presided over the morning rounds.

The Batavia team for 2013: Katie Porter, Elena Chmielowiec, Trey Abdella
McKenzie Stevens, Becca Canale, Eric DiLaura, Cara Ranalli, Katie Kesler, Kaitlin Logsdon, Matt Gabriel, Bryce Rogers, Danielle Quinn, Beth Bennion, Brandon Smart, Samir Jane, Dylan Beckman, Chelsea Jensen, Adam Weaver and Alex Mott.

The Frewsburg team: Sarah Moller, Samantha Mann, Tera Anderson, Alanna Blanchard, Jesse Ernewein, Anthony Mole and Morgan Knight.

Photo: Tom Rivers with 'All Ears' at Present Tense Books

By Howard B. Owens

Author and journalist Tom Rivers was at Present Tense books and gifts on Washington Avenue, Batavia, today to sign copies of his newest book, "All Ears."

The book is a collection of some of Rivers' best pieces about community life during his 15 years at the Batavia Daily News.

Rivers is now editor of OrleansHub, an online news source serving Orleans County.

"All Ears" is available at Present Tense.

Pictured with Rivers, his 7-year-old daughter, Lucy.

Batavia PD promotes Jason Davis to sergeant

By Howard B. Owens

Press release:

The City of Batavia is proud to announce the promotion of Officer Jason Davis to the rank of Sergeant in the City’s Police Department effective April 21. Officer Davis will fill the Sergeant’s position created on April 1, 2013 by City Council resolution.

Officer Davis joined the Batavia Department in 1999 after having served as a Police Officer in the Town of Ellicottville and Deputy Sheriff for the Cattaraugus County Sheriff’s Department. During his career with BPD Officer Davis has served as a Field Training Officer, has been a member of the Department’s Emergency Response Team, served as the Department’s Drug Recognition Expert and recently became a NYS Certified Instructor.

Officer Davis will provide veteran leadership and skill to the Department. Officer Davis lives in the Town of Batavia, is married with four children. When not on the job Officer Davis enjoys being a Cub Master for Cub Scout Pack 650.

Wall collapses at commercial building on Federal Drive

By Billie Owens

The wall of a commericial building on Federal Drive in Batavia has collapsed. Town of Batavia Fire Department is responding.

UPDATE 1:31 p.m.: The chief on scene says the eastside exterior wall collapsed outward, but the building itself is still standing. A code enforcement officer is called and National Grid is on location. "All units can back it down. There's no emergency at this time."

UPDATE 2 p.m.: The actual location is 4330 Commerce Drive. The building is an automotive parts facility. Code enforcement is on scene. Town of Batavia's engine that was on scene left  responded to an automatic alarm of fire at the Quaker Muller factory, which turned out to be nothing.

Law and Order: Two charged with alleged burglary in Pavilion

By Howard B. Owens

Jamie R. Bachorski, 18, of Webber Avenue, Oakfield, and Matthew J. Vandorn, 23, of Trumbell Parkway, Batavia, are charged with burglary, 3rd. Bachorski and Vandorn were arrested yesterday as the result of an investigation into a burglary reported July 5. The investigation began with the report of a barn being broken into and several items stolen. Both suspects were jailed on $5,000 each. The investigation was conducted by Juvenile Officer John Dehm, Investigator Timothy Weis and deputies Timothy Wescott, Cory Mower, Chad Minuto and James Diehl.

Carl Joseph Shelter, 25, of Lewiston Road, Alabama, is charged with unlawful fleeing a police officer in a motor vehicle, failure to stop for stop sign, speeding (139 mph in a 55 mph zone), operation of a motor vehicle by an unlicensed driver and failure to keep right. Shelter was arrested following a pursuit that started on Feeder Road, Alabama, at 12:56 a.m. and concluded later on the Tonawanda Indian Reservation. He is also charged with uninspected motor vehicle, no/inadequate plate lamp and failure to dim high beams.

Batavia man admits transporting girl out of state for sexual purposes

By Howard B. Owens

A Batavia man entered a guilty plea in federal court yesterday to one count of transporting an individual in interstate commerce for the purpose of engaging in illegal sexual activity.

Timothy Logsdon, 29, of Dewey Avenue, Batavia, faces a sentence of up to 10 years in prison and a $250,000 fine.

The Sheriff's Office initiated an investigation in September after receiving a report that a 16-year-old girl was missing. The girl's parents suspected their daughter might be with Logsdon.

The FBI assisted in the investigation and obtained a court order to allow a trace of Logsdon's mobile phone.

Logsdon was located by Kentucky State Police in Bowling Green.

When located, Logsdon admitted to officers that he was in the process of transporting the victim to the state of Tennessee where the two planned to live together and carry on a relationship. The defendant was placed under arrest and remains in custody.

Sentencing is set for Aug. 5.

Batavia boys tennis team has tough schedule, but should do well

By Howard B. Owens

The Batavia High School Boys Tennis Team beat Honeoye Falls-Lima today, 6-1.

Head Coach John Kirkwood thinks this team will be notching quite a few more wins this season.

"I see us going very deep in sectionals and I see us representing very well in the Class B  tournament as we've done the past three or four years," Lockwood said.

Batavia is now 1-1 in Monroe County league play and 1-0 in its division.

In this early part of this season, with all the bad weather, Lockwood is letting his younger guys play a few more matches so they can gain some experience before the team heads into a tougher part of the schedule.

"That helps young guys develop and that will pay dividends for us down the road," Lockwood said.

The top three singles players are Nate Palmer, Jeff Redband and Samir Jain.

Palmer hasn't played yet this year, but Redband and Jain are off to good starts. Today, the two sophomores won their matches easily, 6-0 and 6-0 for Redband over Max Wilkinson, and Jain beat Leo Orsini 6-0, 6-1.

"We've got one of the tougher schedules we've had in five or six years," Lockwood said.
"We picked up Fairport. We picked up Webster-Schroeder. We've picked up the top programs for our top three or four guys. We need to make sure we had the best teams on our schedule for them to develop."

Advancing in sectionals will take a couple of the younger guys stepping forward and forming a strong doubles tandem.

Palmer, Redband and Jain are all candidates to go deep in singles play when sectionals arrive, Lockwood said, if not make it to state qualifiers.

Also today, Ken McMaster won over Alex Lazarus-Hall 6-1, 6-0.

In doubles, Tim Martin and Jon McMaster defeated Brett Peters and Garrett Fletcher 6-1, 6-0; Avery Midla and Caleb Jackson defeated Joe Moore and Ed Schauber 6-0, 6-0; and
David Knaudt and Ross Chua lost to Austin Ainsworth and Josh Geary 6-0, 6-0.

To purchase photos from today's match, click here.

Fire reported in apartment in Corfu

By Howard B. Owens

A structure fire is reported 735 Genesee St., Corfu.

Corfu fire along with Pembroke, East Pembroke, Darien and the City's Fast Team all dispatched.

Firefighters on scene say people are still in the house and they're trying to get them out. The fire is at the back of the structure, possibily on a porch.

UPDATE 11:34 p.m.: The City's Fast Team is cancelled.

UPDATE 11:35 p.m.: The fire is knocked down. Crittendon and Akron were also called, but now are cancelled.

UPDATE 12:15 a.m.: Corfu returning to quarters.

Car wreck with injuries in city at Law and Chestnut streets

By Billie Owens

A one-car accident with injuries is reported at Law and Chestnut streets. City fire, police and Mercy medics are responding. This is at a sharp curve in the roadway.

UPDATE 9:59 p.m.: The scene is clear. The woman driver did not appear to suffer any serious injury. She may have had a medical injury prior to the accident. A utility pole was badly damaged and National Grid was on scene.

Worker for Waste Management delivers 4,500 door hangers to all the homes in Batavia

By Howard B. Owens

Meet Dave. Dave is an employee of Waste Management, tasked with walking every residential street in Batavia to hang door hangers promoting the company's garbage collection service.

Starting June 1, city residents will be responsible for contracting with their own refuse and recycling company.

Besides Genesee ARC, local companies such as Gardner Disposal and PSI (and a third one that will announce its new business soon), are competing for customers.

Asked if WM will offer totes, Dave said only if enough customers sign up for WM's service.

Dave's worked nearly the entire city since Saturday by himself, with just some help on Saturday and Monday. He had only two more blocks to visit when we spoke.

BID announces annual luncheon and Spirit of Downtown awards

By Howard B. Owens

Press release:

The Batavia Business Improvement District will hold its annual meeting and awards luncheon on Friday, April 26, from noon to 1:30 p.m. (registration is at 11:45 a.m.) at the City Church Generation Center, 15 Center St. in Downtown Batavia.

The agenda will include a review of the B.I.D.’s accomplishments and the announcement of the newly elected members to the Board of Directors.

The “Downtown Spirit” Business Awards are to be presented to: Michael DelPlato & Peter Casey of DelPlato & Casey Law Office, Howard Owens of The Batavian, and Harry Wortzman of Wortzman Furniture.

The “Downtown Spirit” Volunteer Awards are to be presented to: James Isaac (Crossroads Abstract), serving as B.I.D. vice-president and on the Organization Committee and Michael Marsh (Edward Jones Financial), serving on the BID Promotion / Taste of the Holidays committees. 

Guest Speaker: Patrick Finan, Founder & Principal of Block Club (Buffalo-based branding and marketing agency). His topic will be:  Downtowns and the Importance of Building Strong, Local, Living Economies.”  Patrick business was named "The Third Fastest Growing Company In WNY" and he's the youngest recipient of Business First 40 Under 40 Aaward. 

All B.I.D. members and area business are invited. A special buffet will be served at T.F. Brown’s. Price is $15 per person. RSVP and payment by Monday, April 22. To make reservations contact Don Burkel, B.I.D. Director, at 344-0900 or e-mail at  dburkel@downtownbataviany.com.

Rich Funke to be honored tonight by St. John Fisher

By Howard B. Owens

Pembroke native Rich Funke, who started his broadcast career at WBTA, will receive a lifetime achievement award from St. John Fisher College.

The award is named after Jack Palvino, a member of the university's first graduating class who became well known in Rochester media.

The award ceremony is this evening.

Funke's broadcast career in Rochester and Batavia spans 40 years.

His first big assignment in broadcast news was covering the Attica prison riot for WBTA.

(via WHEC)

Elderly man struck by car on West Main Street, gets up and walks off

By Billie Owens

A white-haired man estimated to be in his 70s was struck be a vehicle within the last half hour in front of Burger King on West Main Street in the city. But he got up and walked away from the scene.

City firefighters went to the location and could not find him, so they returned to quarters. City police scoured the area of Oak and Main and found him in front of Parise's Automotive & Towing. A medic was sent to check him out. Police are back in service.

UPDATE 2:49 p.m.: Mercy medics are transporting the 71-year-old pedestrian to UMMC. He was "lightly struck" by a vehicle and is complaining of left knee pain.

Batavia Middle School in lock-down

By Billie Owens

Batavia Middle School is in lock-down. No one is being allowed to leave or enter the buildings but law enforcement is not giving a reason just yet.

Law enforcement told WBTA's Dan Fischer that "there's nothing to be concerned about at this time."

The incident began within the last hour and four city police cars and a State Police K-9 unit responded to the Ross Street school.

UPDATE 2:27 p.m.: The students are safely inside the school. Howard is now on scene.

UPDATE 2:34 p.m.: The lock-down is over. According to Superintendent Chris Dailey, there was a verbal threat made and authorities investigated it and determined it to be unfounded. Responders are back in service.

UPDATE 2:59 p.m.: Superintendent Dailey made this statement to the media: "We contacted the police. They came in, did an assesement and we were given the all clear. Now we’re out of the lock-down. And they are following up on the verbal threat as we speak."

The lock-down lasted about 45 minutes.

"There was a verbal threat against the school. We'll have more to say when they are done with the investigation."

Asked if the tragic bombing Monday at the Boston Marathon made people all the more edgy today, he said it did.

"We're all on edge, absolutely, and looking to make sure everyone is safe, which is our number one priority. That's why we went through all the policies and procedures and made sure we followed through on everything and made sure the students were safe."

UPDATE 3:45 p.m.: Here's a press release from Police Chief Shawn Heubusch:

"At approximately 1325 hrs. the Batavia Police Deparetment responded to a 'bomb threat' at the Batavia Middle School. The threat was called into the school by an unknown person.

"Upon arrival Asst. Chief Yaeger and Sgt. Camp directed patrols to perform a cursory search of the interior and exterior of building with the assistance of Middle School staff, looking for anything suspcious. Nothing was located. The Bomb Disposal unit from the New York State Police was requested to the scene. Trooper Jackson responded and performed a more detailed search utilizing a K-9 trained in explosive detection. No device was located and the school returned to normal activity.

The Batavia Police Department is currently investigating the matter and has developed leads from the investigation.

The Batavia School District should be commended for its quick response and action taken during this event."

In addition to Yaeger and Camp and Trooper Jackson, the investigating officers are: officers Davis, Lawrence, Richards and Hill.

UPDATE 4:28 p.m.: Below is a copy of a letter that is being sent to middle school parents.

Dear Middle School Parent/Guardian,

Today the Middle School received a verbal threat to the school via the telephone. Law enforcement officials were notified immediately and the building was placed in a low level shelter in place situation until we were cleared by the authorities.

Although we cannot plan for every type of emergency that might occur, we want you to know that we have increased our surveillance, including locking the outside door of the attendance office.  Please feel free to call an administrator if you have any questions about this or about our Emergency Management Plan.  The safety of our students and staff is of the utmost importance to us all.

Sincerely,

Sandra C. Griffin
Principal
 

Pour You a Drink Event

By Jessica Maguire-Tomidy, Ex. Dir.

Join us for a Guest Bartending Chairty event at City Slickers in Batavia tonight, April 17th

All bar tips benefit Habitat for Humanity of Genesee County. 

 

Guest Bartenders are: Anne Palone, Pete Guppenburger, Steve Stump Grice.

 

It is a battle of the clubs! 6p.m.-9.p. There will also be a live band!!

Event Date and Time
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Law and Order: Driver charged with DWI after vehicle goes into water off Creek Road, Bethany

By Howard B. Owens

Robert Thomas Seager, 43, of East Main Road, Batavia, is charged with felony DWI, driving with a BAC of .08, leaving the scene of a property damage accident, failure to stop at stop sign, consumption of alcohol in a motor vehicle and refusal to take breath test. Seager was arrested following the investigation into a property damage accident reported at 9:51 p.m. Tuesday at Putnam and Creek roads, Bethany. (Initial Report)

Autumn Marie Sierra, 19, of 77nd Street, Brooklyn, is charged with criminal nuisance, 2nd, and unlawful possession of marijuana. Sierra is suspected of covering the smoke detector in her room at College Village making it inoperable. Upon investigation, Sierra was also allegedly found to possess marijuana. Also charged was Mona'e Kristin Damon, 18, of Thompkins Avenue, Brooklyn, as well as Oumou Sy, 18, of East 102nd Street, New York City.

Christopher Leo Stone, 30, of Willow Pond Way, Penfield, is charged ith DWI, driving with a BAC of .08 or greater and speeding. Stone was stopped at 1:09 a.m. April 13 on Route 33, Byron, by Sgt. Greg Walker, for allegedly driving 84 mph in a 55 mph zone.

Rodeny Ira Dean, 45, of Bloomingdale Road, Tonawanda Indian Reservation, is charged with felony DWI, moved from lane unsafely, refusal to submit to pre-screen device, drinking alcohol in a motor vehicle. Dean was reportedly involved in a single-car accident at 8:18 p.m., Monday, on Akron Road, Pembroke. Dean's vehicle struck the guy wire of a utility pole, shearing the pole and knocking electrical wires to the ground. Dean suffered minor injuries and was transported to ECMC for evaluation. Additional charges may be pending. The accident was investigated by Deputy Chad Minuto.

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