batavia

A man who allegedly assaulted a Batavia police officer yesterday Friday has surrendered.

Paul F. Daly, 28, of 29 Waverly St., Cattaraugus, was at large since being released from a facility where he was taken for a mental-health evaluation. Before police could arrest him on criminal charges, Daly was let go and the police were not notified.

Daly, who was a patient at the VA Medical Center, surrendered to State Police in Amity.

Batavia PD Warrant Officer Dennis Rider negotiated with Daly to convince him to turn himself in.

"Basically, I started with family members, because they didn't want to say where he was, but I convinced them that the safest thing was for him to turn himself in," Rider said. "I wanted to avoid a confrontation if at all possible."

Daly is being transported by State Police to Batavia.

UPDATE: We've also learned that Chris Camp, the officer who was reportedly attacked, did try to deploy his Taser. The Taser was ineffective. Det. Schauf said, "it did not have its intended effect," though why it didn't work as it should is unknown.  As we reported previously, a passing citizen helped Camp subdue the suspect.

UPDATE 6:52 p.m.: Daly was delivered back into Batavia police custody this evening. He was arraigned and jailed without bail.

Previously:

• VA patient allegedly attacks police officer outside Batavia Downs
• VA patient accused of assaulting police officer not in custody

A Batavia man accused of fraud for not reporting income from self-employment while receiving social service benefits, pled guilty yesterday to one count of attempting to offer a false instrument for filing in the first degree.

Jeffrey Wawrzyniak, 37, was immediately sentenced to three years probation.

The charges were the result of an investigation by the Genesee County Department of Social Services. Wawrzyniak reportedly failed to report income from July to October 2008.

Wawrzyniak has paid restitution of $497.

A suspect in an assault on a Batavia police officer yesterday Friday was still at large this morning.

In a note on the e-mailed press release Tuesday, Det. Rich Schauf wrote that the suspect, Paul F. Daly, was not in custody, but none of the local media who carried the report -- including The Batavian --  picked up on that fact.

I spoke with Det. Schauf this morning and clarified that Daly was not in custody, and I haven't heard any report since then of his arrest. Police are searching for the suspect.

Daly was initially taken for a mental health evaluation, but within hours, according to Schauf, he was released by medical personnel. Schauf did not say where Daly was evaluated. Police were not notified of Daly's release until after the fact.

Schauf did not have a description of the suspect at the time we spoke, but we hope to get one before the end of the day.

Daly, originally from Cattaragus, is or was a patient at the VA Medical Center.

Bryan M. Hargrave, 22, of 61 Myrtle St., Le Roy, is charged with two counts of burglary in the third degree. Hargrave allegedly broke into two Pavilion businesses on Sept. 23. He is accused of breaking into Pavilion Drainage Company on Route 63 and taking some cash from the office area. On the same day, he allegedly broke into BW's Bar on Perry Road, this time allegedly taking cash and an iPod. The investigation was conducted by deputies John Baiocco and James Diehl, with assistance from investigators William Ferrando and Roger Stone. Additional charges against Hargrave are pending. Hargrave was released under supervision of Genesee County Justice.

Bart Arthur Towne, 41, of 1795 Phelps Road, Corfu, is charged with attempted petit larceny. Towne allegedly attempted to steal televisions and other items from BJ's Wholesale Club by concealing the items inside a box labeled as a file cabinet. He presented the box at the register for purchase.

Erica M. Raphael, 24, of 335 Bank St., Batavia, is charged with criminal possession of a forged instrument and criminal possession of stolen property. Raphael is accused of possessing stolen NYS Official Prescription sheets from Batavia Ophthalmology and allegedly forging a prescription for hydrocodone tablets. Raphael allegedly attempted to get the prescription filled at Oakfield Family Pharmacy.

A 17-year-old resident of Bergen is charged with unlawful possession of marijuana. The youth was apprehended after a random K-9 search at Byron-Bergen High School. During the search of the east side parking lot, a K-9 alerted on a car. Marijuana was allegedly located in the car and the marijuana was seized by law enforcement.

A Rochester man arrested Sept. 10 for allegedly breaking into a State Street home a week earlier was formally charged today with burglary in the second degree and criminal possession of stolen property.

Reginald M. Wilson, who was reportedly caught driving a vehicle stolen from the residence, was given a chance to get out of jail while he awaits trial. He must come up with $100,000 bail or $200,000 bond, according to Judge Robert Noonan.

Wilson, because of prior felony convictions, could potentially be sent to prison for life if convicted of the current charges. For that reason, Noonan refused bail to Wilson at a Sept. 16 hearing.

After today's hearing, Public Defender Gary Horton said that in all his years of practice, only twice has he seen three-time felony convicts sent to prison for life. He said it's an option for prosecutors -- which can be sought only after the third felony conviction -- that is rarely used.

Wilson has 12 prior convictions, including five felony convictions and has reportedly twice failed to appear for court dates.

Toyota of Batavia is investing $975,000 to expand its dealership, and to help the project along, the Genesee County Economic Development Center is providing a $7,500 tax incentive.

The project was first approved for benefits on Feb. 21, 2008.  But the actual benefit was approved this week.

The dealership is mortgaging its property for $600,000 to help pay for the project. GCEDC is providing the mortgage-tax exemption.

The GCEDC estimates that for every $1 of tax benefit, the community is realizing $616 of investment by the company.

The dealership is located at 3899 W. Main St. Road in the Town of Batavia.

Jay Gsell can polish up his resume. Under "Genesee County Manager" he can add "Batavia Crime Fighter."

Gsell helped Batavia police capture an alleged car thief this morning.

Police received a report at 5:45 a.m. of an auto theft in progress at 310 Washington Ave. 

When police officers responded, they found the car partially in the roadway and abandoned.

Gsell was out for his morning run and saw a suspect jump over a fence near where the car was abandoned. Gsell provided police with a description of the suspect and then continued on his way.

A short time later, Gsell reportedly spotted the same man near the Richmond Memorial Library. He dialed 9-1-1.

Apprehended by police was Kyle Monroe (pictured). Monroe allegedly possessed the keys to the vehicle at the time of his arrest.

The same car was reported stolen twice before. The first time, on Oct. 29, the car was recovered in the area of the sand wash on Cedar Street. It was determined that keys were used to steal the car, but the keys were not recovered.

The same car was stolen again on Nov. 6.  It was recovered two days later on Holland Avenue. Again, investigators determined that keys were used to heist the vehicle, but again, the keys were not recovered.

After two thefts, the owner placed an anti-theft device on the steering wheel, which apparently helped thwart the third attempt.

Monroe was charged with criminal possession of stolen property and the investigation is ongoing. More charges may be filed.

The same suspect was arrested Oct. 24 in the Town of Batavia, according to police, when he was allegedly caught driving a different stolen vehicle. He was charged with criminal possession of stolen property in that case, as well.

UPDATE Wednesday, 8:27:  I asked Det. Rich Schauf if there was any link between Monroe and the car break-ins of the summer months, and whether the keys to the stolen car might have been taken during one of those break-ins.  Here is Det. Schauf's response:

The best we can tell is the keys were found and used while Monroe was (allegedly, ed.) illegally going “through” the car on the 29th, the first time the car was stolen. We do suspect he is one of the people involved in illegal car entries over the summer. At this point we do not have any conclusive evidence to link him to other illegal car entries.  Also, to answer one of the readers’ questions about Grand larceny. In this case the suspect was arrested for Criminal Possession of stolen property for possessing the keys to the car which were stolen. To prove Grand Larceny the person would need to be caught in the act of stealing the car or admitting to stealing it. Most often a person caught in a stolen car will not admit to stealing it. Unless it can be proven they stole the car, the  charge of criminal possession of stolen property may be used. Or if the element of “knowingly” possessed stolen property cannot be proved another charge of unauthorized use of a motor vehicle may apply.  Both Criminal Possession of stolen property fourth and Grand Larceny fourth are classified as E Felonies.

A passerby came to the aid of a Batavia Police officer today Friday when a patient of the VA Medical Center attacked him near Batavia Downs.

Officer Chris Camp responded to a report of a drunk man walking in traffic on Park Road, and when Camp arrived he observed a man standing in the road with a beverage container in his hand.

Camp approached the individual and asked him to leave the roadway. The man reportedly refused to move and without warning attacked Camp, grabbing his neck.

The officer defended himself and a nearby citizen also jumped in to help pull the alleged attacker off Camp.

Taken into custody for mental health evaluation was Paul Daly, 28, of 29 Waverly St., Cattaragus. Daly was later charged with assault in the second degree and disorderly conduct.

Camp was treated for his injuries and then finished his shift.

There may be gold in the hills between routes 5 and 63 on the east side of the Town of Batavia.

At least that's the impression left from this morning's groundbreaking for an agri-business park being made "shovel ready" under the guidance of the Genesee County Economic Development Center.

The $6 million project could lead to millions in revenue growth for the county, and as much as a $40 million annual payroll for as many as 1,200 workers.

The return on investment, according to GCEDC CEO Steve Hyde could be as much as 30-1 -- $30 gained in the local economy for every $1 spent on the project.

"This is a story of a vision that is really becoming reality," Hyde said.

Construction actually began two weeks ago and while only one Canadian food processor is among the future planned tenants, Hyde said he is confident several more companies will gain interest in the project once the economy turns around.

He said he expects future tenants to invest as much as $230 million in private capital to build their facilities.

He said the agri-business park is the first of its kind in the Northeast and brings together a confluence of factors that should be attractive -- inexpensive, easily accessed water, inexpensive power, a rail line and trucking routes.

The project is the result of GCEDC helping to bring together public and private funding to raise the $6 million to make the 200-acre park shovel ready (grading, building roads, bringing infrastructure), with contributors including the state and Town of Batavia as well as Farm Credit of Western New York.

New York Farm Bureau President Dean Norton (pictured, inset) called the project near and dear to his heart.

"It's a prime example of what state agencies and private groups can do when they get together and work for the betterment of agriculture," Norton said.

A five-car accident has traffic blocked on East Main Street at Swan in Batavia.

There is one reported minor injury.

The first police officer on scene said, "it's pretty gummed up here."

Mercy EMS is responding.

Iraq War Veteran James M. Maher was a troubled young man who had at least one acquaintance frantically searching for him hours before his death because he had threatened to harm himself. But a medical examiner has concluded he did not take his own life,

Maher, 27, died of blunt-force trauma to his head. The injury, a result of a fall. There were apparently no witnesses.

Police say Maher had been drinking prior to his death. He had also placed phone calls to friends threatening to harm himself.

A hotel employee contacted The Batavian yesterday and reported that a man entered the hotel about 9:30 p.m. on Saturday and said he was looking for a PTSD patient who had left the VA facility and had threatened suicide.

The body of Maher was found in the bushes next to Blockbuster on Lewiston Road about 10:15 p.m. on Saturday.

Maher, a Mechanicville resident, was a patient at the VA Medical Clinic, where he was being treated for PTSD (Post Traumatic Stress Disorder), according to an obituary published in the Albany Times-Union.

The police will continue to investigate the case, according to a news release this morning, as they try to track down Maher's movements prior to his death.

You might not think of Batavia as a hot retirement destination, but according to a study by American City Business Journals, it is -- after 249 more popular choices.

That's right -- Batavia, in wintry, high-taxed, economically challenged Western New York is the 250th hottest place to retire.

That puts it ahead of such places as Klamath Falls, Oregon, Knoxville, Tenn., Clewiston, Florida and Bay City, Texas.

A total of 940 cities were ranked in the list.

A young man who was found dead outside the Blockbuster store on Lewiston Road on Saturday night was being treated for PTSD (Post Traumatic Stress Disorder) at the VA Medical Center in Batavia, according to an obituary published in the Albany Times-Union.

The obituary reports that James M. Maher, 27, died of injuries sustained in a fall.

The official cause of death remains under investigation. It has been categorized by Batavia Police as an "unattended death." No foul play is suspected.

Maher was an Iraq war veteran, having served an 11-month tour in Iraq with the Army 101st Armored Division, earning the Combat Infantry Badge and the Army Achievement Medal.

A 2000 graduate of Mechanicville High School, Maher entered he military and served in New York City immediately after 9/11.

He was born in Saratoga Springs, July 17, 1982, son of Michael Maher and Janet (Tony) Amoroso, both of Mechanicville.

According to the obituary:

After being released, James worked at several mortgage brokerage firms in the Capital Region, and lastly worked for Royal Pharmaceuticals of Malta. Growing up, James was always the "daredevil" of the group, enjoyed bridge jumping, parachute jumps and parasailing, or as his family says, "The faster and higher, the better."

Donations are encouraged in his name to Jack Wisby PTSD Clinic, c/o Dr. Paul Harrigan, VAWNY Health Clinic, 222 Richmond Ave., Bldg. 5, Batavia, NY 14020.

A pickup truck has reportedly gone off the road in the area of 2964 Batavia-Oakfield Townline Road.

The truck is reportedly in a swamp area.

No report on injuries.

Mercy EMS and Town of Batavia Fire responding.

View Larger Map

A pedestrian has been hit by a dump truck in the area of 29 Summit St., Batavia.

The initial report had people trying to help her get up.

Mercy EMS and Batavia Fire and Police are responding.

UPDATE 2:54 p.m.: The person struck was not walking, but on a bicycle.

View Larger Map

Engine 12 and Ladder 15 are responding to a reported car fire at 20 N. Spruce St., Batavia.

The car is reportedly close to a structure.

UPDATE 9:20 p.m.: Engine 12 on scene. "Smoke showing."

View Larger Map

A police official has confirmed that a body found near the Blockbuster location on Lewiston Road was an apparent suicide (see update below).

The victim was identified as James Maher, 27, a VA Home resident.

His family, from Mechanicville, was notified.

The official could answer no further questions and said the police department is planning a press release for Monday morning.

His body was apparently found in some shrubs near the business.

UPDATE 6:54 p.m.: Det. Pat Corona of the Batavia Police Department called a little while ago to emphasize that the police have not yet determined the cause of Mr. Maher's death. While suicide has not been ruled out, a "by the numbers" investigation has yet to arrive at a conclusive determination. There was no obvious signs of trauma, Det. Corona said. Within days, some initial facts will be available from the medical examiner, but it will take weeks (as usual) for toxicology reports to come back.

View Larger Map

We've learned from multiple sources -- though there is yet no official confirmation -- that a body was found about 10:15 p.m. outside the Blockbuster store on Lewiston Road in Batavia.

The City of Batavia Police Department has not yet released a statement about the discovery and there is no information available at this time about the condition of the body or exactly where it was located.

Our news partner WBTA has attempted to learn more information about the discovery.

Here's one e-mail account we received at 11: 52 p.m. about the situation:

I was just at Sportos and was told that there was a body found behind  Blockbuster. There was police going to the scene at about 10:15. A news van  is present right now with about 3 police cars. This was confirmed by a  Trooper going into the restaurant. He could tell us no more.

Genesee County will soon be home to the first shovel-ready agri-business industrial park in New York, according to Chad Zambito, spokesman for the Genesee County Economic Development Center.

GCEDC breaks ground on the project Tuesday and expects the first tenant to start building a $15 million food-processing facility in the spring.

"These are expensive ventures and private developers aren't willing to do it because of the cost that’s needed up front and the long-term return, so it’s something we have to do and we need everybody’s participation to make it happen," Zambito told WBTA.

The groundbreaking is scheduled for 10 a.m. at the Kennedy Building of the Genesee County Fair Grounds.

The 200-acre park is located between state routes 5 and 63 in Batavia and sits in close proximity to O-AT-KA Milk Products. 

At full build-out, the park is expected to provide 1,200 jobs in Genesee County and generate $2 billion in revenue over 25 years.

The first tenant, a Canadian-based food processor, will hire 100 people to work at its facility.

When the infrastructure installation is complete, the site will contain nearly 200 acres  serviced by industrial-class electric, gas and rail. The park is dedicated to agri-business applications including food and bio-fuels processing and is owned by a unique public/private partnership.

It also has access to 6 million gallons of aquifer water daily, ideal for food production applications, and sits in an Empire Zone.
 
The GCEDC, along with its real estate affiliate the Genesee Gateway Local Development Corporation and an affiliate of Farm Credit of WNY share ownership of the park.

It was largely made possible by a state grant recently approved by Empire State Development and a matching grant from Genesee County. The GCEDC, Town of Batavia, National Grid and National Fuel are also providing funding. 

Phase 1 construction, being completed by Zoladz Construction Company Inc. of Alden, NY, will include water, sewer and roadway base installation.