batavia

Patrick J. Donahue is indicted on a charge of rape in the first degree. Donahue is accused of engaging in sexual intercourse with another person by forcible compulsion on Jan. 10, 2010.

Frank J. Bieniek is indicted on charges of grand larceny, 3rd, and criminal possesion of stolen property, 3rd. Bieniek is accused of stealing a .45-caliber flintlock rifle from the Holland Land Office Museum on Dec. 10, 2010.

Jorge Portugal-Pineda is indicted on charges of felony DWI, felony driving with a BAC of .08 or greater and a felony of aggravated unlicensed operation. Portugal-Pineda is accused of driving drunk on Dec. 28, 2010 on Transit Road in the Town of Byron.

Press Release:

The City of Batavia has been notified by the New York State Department that it has been awarded a $266,508 New York State Brownfield Opportunity Areas Program Grant. Please see http://www.dos.state.ny.us/press/2011/BOA_Grants.html

The city applied to the Brownfield Opportunity Area (BOA) Program for $266,508 to develop a Nomination Study for a 250-acre area downtown that has the potential for redevelopment. 

The primary community revitalization objectives to be achieved by this project include the redevelopment of underutilized, vacant and Brownfield properties, cleanup of contaminated properties, continued revitalization of the downtown business district and neighborhood stabilization.

Anticipated community benefits resulting from this project include the creation of jobs, private and public reinvestment, increased tax revenue and increased property values. The expected time frame for completion of this project is 24 months.

A young C.M. Barons -- regular contributor to The Batavian and former State Assembly candidate -- was a journalism student at GCC when the north side of Main Street, Batavia, was demolished to make way for the Genesee Country Mall.

Over the weekend, Barons found his old photos for a story he did in college.

The bottom photo is of David J. Gordon, who was the urban renewal planner in charge of the project. Barons sent it along in case anybody needed new dart board material.

All proceeds from a chicken BBQ on Saturday planned by the Batavia Area Jaycees will go to help the Colby family.

The group's board of directors decided to use the money to help the family of Jonathan Matthew Colby, 37, of Batavia, who died earlier this month in a car accident on West Main Street.

The BBQ is scheduled from 11 a.m. to 2 p.m. on April 30.

Cost for the dinner is $8 pre-sale or $8.50 the day of the event and includes half a chicken, cole slaw, salt potatoes, roll & butter.

Pre-sale tickets are available from 1 to 6 p.m. Wednesday at the Jaycee Office located at 31 Batavia City Centre. Or they can be bought at Genesee County Chamber of Commerce, (210 E. Main St.), T-Shirts, Etc., (438 E. Main St.) or by calling 585-343-5775; or by asking any Jaycee for more details.

Dinners can be picked up at Clor’s Meat Market at 4169 W. Main St., Batavia. If you have any questions about the chicken BBQ, contact the Jaycees at 585-343-5775.

Isaac Emmaneul Simmons, 24, of Ellsworth Avenue, Batavia, is charged with two counts of endangering the welfare of a child. Simmons is accused of leaving a 2-year-old and a 6-year-old in a car outside Walmart with the motor running while he went into the store.

Michael J. Raphael, 22, 4 Noonan Drive, Batavia, is charged with criminal mischief, 3rd. At about 1 a.m., Sunday, Batavia Police were notified that a person was in the area of Center Street attempting to fight with others. When police arrived, they were told the person had walked toward the Mancuso Bowling Center. When officers checked the area, they were advised by a witness that Raphael struck a parked car causing damage to the vehicle.

Brad Hilchey, 29, 43 Oak St., Oakfield, is charged with DWI, aggravated DWI and moving from lane unsafely. Hilchey was stopped at 1:06 a.m., Saturday, on West Main Street, Batavia, by Officer Frank Klimjack.

Ryan James Sundown, 30, Meadville Road, Basom, is charged with criminal obstruction of breathing. Sundown is accused of trying to choke a woman during an altercation at an address on Meadville Road.

Virginia Louise Miller, 46, Colony Run, Attica, is charged with assault 3rd and menacing 2nd. Miller is accused of threatening another person with a knife and of biting that person in the arm.

Robert Paul Leiser, 42, of Lockport Road, Oakfield, is charged with criminal contempt, 1st, and aggravated harassment, 2nd. Leiser was arrested following an investigation into an alleged incident at 3 a.m., April 20.

Ryan S. Richards, 21, of Medina, is charged with petit larceny. Richards is accused of shoplifting $25.05 worth of merchandise from Kmart. Richards was also cited for alleged fictitious inspection sticker, aggravated unlicensed operation, 3rd, operating without a license, switched plates and unregistered motor vehicle.

Thomas J. Torres, 48, of Albion, is charged with DWI and aggravated DWI. Torres was taken into custody in the Town of Stafford at 10:35 p.m., Saturday, by State Police.

Christopher J. Nacca, 22, of Webster, and Taylor M. Shoemaker, 18, of Williamson, are charged with unlawful possession of marijuana. Nacca and Shoemaker were stopped by State Police at 4:10 p.m., Friday, on Route 5 in Pembroke.

City crews were on Main Street, Batavia, this morning, mulching the flower beds.

Dozens and dozens of children -- from toddlers on up -- swarmed Centennial Park this morning to gather dozens and dozens of brightly colored Easter eggs.

Sponsored by Batavia Kiwanis, Batavia Police were also on hand -- including Officer Dan Coffey, whose patrol car was almost more popular than the Easter Bunny after the hunt.

More pictures after the jump:

An electrical fire that is now out reported at 31 Ganson Ave., Batavia.

There is smoke in the basement.

Residents advised to evacuate the house.

City Fire Department responding.

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Angelo Merica III, the second driver in Wednesday's fatal crash that took the life of 37-year-old Jonathan Colby remains in guarded condition at Strong Memorial Hospital.

Family members are concerned that he may never walk again.

WBTA's Geoff Redick spoke with Merica's uncle, Jamie Merica, who said Angelo -- the father of two young children who recently moved to Batavia from Pavilion -- was planning to get married in July.

Now family members worry that he won't be able to walk down the isle.

"He's going to have a long, tough road ahead of him, for sure," Jamie said.

Though conscious and alert when he was extricated from his car, the 27-year-old Angelo Merica is now in an induced coma.

A suspected drug dealer allegedly struggled with members of the Local Drug Enforcement Task Force, causing minor injuries to two officers, when they attempted to arrest him Thursday evening on Liberty Street, Batavia.

Taken into custody, following an investigation into the sale, transportation and possession of cocaine in and around Le Roy and Batavia, was 21-year-old Craig A. Tiberio-Shepherd, of Lathrop Avenue, Le Roy.

Once Tiberio-Shepherd was taken into custody, members of the task force along with uniformed deputies and officers from Batavia PD and Le Roy PD, executed search warrants on Tiberio-Shepherd himself and his residence.

Investigators allegedly found a quantity of cocaine, a quantity of Suboxone (a controlled substance), numerous pieces of drug paraphernalia, drug packaging, digital scales and $310.

Following arraignment in Batavia City Court, Tiberio-Shepherd was jailed without bail.

Tiberio-Shepherd was charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 4th, assault, 2nd, and obstructing governmental administration, 2nd. In Le Roy Court, Tiberio-Shepherd was charged with criminal possession of a controlled substance, 7th, and criminal using drug paraphernalia, 2nd.

The injured members of the task force suffered twisted fingers and minor cuts and bruises.

Timothy J. Wood, 28, of 4 N. Spruce St., Batavia, is charged with endangering the welfare of a child. Wood was arrested following an investigation at 7:30 p.m., Thursday, of a 1-year-old baby being left unattended on the front porch of a residence. Wood was jailed on $2,500 bail.

Joshua L. Baltz, 35, of 29 Tracy Ave., Batavia, is charged with criminal obstruction of breathing or blood circulation, criminal mischief, 4th, and harassment, 2nd. Baltz is accused of being involved in a domestic incident on Wednesday. Baltz was jailed on $2,000 bail.

A 16-year-old resident of West Avenue, Medina, is charged with petit larceny. The youth is accused of shoplifting from Kmart.

Habibah Tywell Caldwell, 19, of Batavia-Stafford Townline Road, Batavia, is charged with trespass. Caldwell is accused of trespassing at College Village after being banned from the property.

Robert Paul Leiser, 42, of Lockport Road, Oakfield, is charged with criminal contempt, 1st, unlawful imprisonment and harassment, 2nd. Leiser allegedly became involved in a fight with a protected person while in the Town of Batavia. Leiser was jailed on $15,000 bail.

Benjamin Gove Evans, 22, of West Main Street Road, Batavia, is charged with petit larceny. Evans allegedly stole property from Home Depot. Evans was located riding a bicycle on Washington Avenue and taken into custody. He was jailed on $10,000 bail.

Daniel J. Saeva, 31, of 6283 Sweetland Road, Stafford, is charged with harassment, 2nd. Saeva allegedly knocked another person down during an argument on April 10. Saeva turned himself in to Batavia Police after a warrant was issued.

Ricardo Brown, 21, of Cedar Avenue, Mount Vernon, is charged with assault, 2nd. Brown, originally from Jamaica, is a detainee at the Buffalo Federal Detention Facility on Federal Drive, Batavia, where he allegedly got into a fight with another detainee. Brown allegedly kicked the other inmate in the head several times. Brown was arraigned in Batavia Town Court and returned to the detention facility.

Funeral arrangements have been made for Jonathan Colby, 37, who died Wednesday morning in an auto accident on West Main Street Road.

A celebration of life service will be held at the Gilmartin Funeral Home, 329-333 W. Main St., Batavia. Calling hours will be Saturday from 2 to 4 p.m. and 7 to 9 p.m.  There will be no calling hours Easter Sunday.

In lieu of flowers, the family requests that memorials be made to the family for a college fund for his 7-year-old daughter, Aurelia.

Full obituary.

A pole is reportedly on fire on Alexander Road, south of the overpass past the first railroad track on the west side.

It's apparently the same pole that caught on fire at 4 a.m., Wednesday.

Town of Batavia Fire Department responding.

Dozens of homeowners along Route 5 could get a public sewer system if the Town of Batavia receives Community Development Block Grant funds.

The second of two public hearings regarding a proposal for the use of the CDBG money was held Wednesday evening. No one from the public attended.

Now the town will apply for $600,000 in CDBG grants to cover about half the cost of a putting in a public sewer line along a portion of Route 5.

Supervisor Greg Post explained that, “We have a concept plan to provide sanitary sewer facilities along Route 5 -- from the end of the existing district (near Duro-Shed, Inc.) -- that would go west to the mobile home park, which is just past Wortendyke (Road).”

He said residents along that stretch of roadway have septic tanks and most of those need repair or replacement. But that would be a serious financial burden for them.

“There are limits to what New York State will allow people to construct on facilities they have owned for generations,” Post said. “These extraordinary restrictions weren’t in effect when those houses were constructed and it leaves homeowners somewhat out of options as far as improving the value of their homes.”

About 75 residents would benefit from CDBG funds being used to install the proposed public sewer system.

“This differs from some other grant funding to improve the economic vitality or commercialization in a development," Post said. "This is essentially scoped around a residential aspect here. Using the funds this way will greatly improve the quality of their lives.”

When and if a public sewer system is installed, residents will have to connect a line to it within a certain period of time, although Post he didn't know offhand what the time frame was.

For the homeowners, there are several factors to consider, including how much they have invested in their current septic system.

As for how much it might cost residents to be part of a sewer district, Post says it's too soon to tell. The town hasn't yet applied for the grant.

"This is the first of many steps," the supervisor said.

This afternoon a jury returned a verdict of guilty in the trial of Donald F. Stillwagon, 25, of South Main Street, Batavia, who was accused of biting a Batavia Police officer.

Stillwagon was convicted of assault, 2nd, and faces a possible seven-year prison term.

On Sept. 29, Batavia Police responded a reported disturbance at Stillwagon's residence. A man there was reportedly choking another person. When police arrived, they tried to take Stillwagon into custody and a struggle ensued. During the struggle, Stillwagon bit Sgt. John Peck on his forearm.

Peck was cut deeply enough to bleed significantly. He was treated and released at UMMC and missed two days of work.

In order to convict Stillwagon, the jury needed to decide whether the defendant had the intent of harming Peck.

Much of the closing arguments of both Public Defender Gary Horton and District Attorney Lawrence Friedman centered on whether Stillwagon was too intoxicated to form a coherent intention.

"Either Donald Stillwagon is a huge jerk or he had to be intoxicated," Horton said. "You saw Donald Stillwagon as he sat in this courtroom, you saw his demeanor, you saw him testify, can you believe he would have done these things without being intoxicated?"

Friedman argued that Stillwagon, who had apparently been at a local bar drinking prior to the incident, clearly had the presence of mind to form intent because he was able to unlock a deadbolt after his mother had locked it in order to go outside, and when he tried to escape from police, he told a State Trooper, "That's a bad idea."

"He was aware enough to know his plan of escape wasn't working out for him," Friedman said.

Sentencing has been scheduled for June 20.

In March, Stillwagon turned down a plea offer that would have capped his sentence at six-months "shock probation" and opted to take his case to a jury.