Elm Street

A second trial for a Batavia man accused of firing a shotgun at two people on Elm Street on Aug. 12 will start on Monday.

The first trial of Jeremy Ives began in March and ended in a mistrial. The reason for the mistrial was not discussed in open court on Friday during a hearing held for trial preparation. 

Ives was indicted in September on two counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor. 

Ives is accused of attempting to cause serious physical injury to a person using a shotgun in the City of Batavia on Aug. 12.  He is accused of abducting another person on that same day.

In January, Ives turned down a plea offer, electing to take his case to trial. ADA Will Zickl said at the time that under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

The main issues discussed on Friday were the testimony of two possible witnesses.

One witness is the person Ives may have purchased the shotgun from.  There is a question about whether the witness can positively identify Ives as the person who bought the gun.  A third party apparently arranged the transaction and handed the seller the money.

"She doesn't have to know his name to know she handed him the gun," Zickl said.

There is also a witness who claims to have heard Ives yelling things in the street outside her residence some three hours after the reported shooting.  Whatever statements she heard are apparently not relevant to the case, but Zickl argued that her testimony will enlighten the jury as to Ives' emotional after the shooting.

Defense attorney Joseph Lobosco argued that the witness was miles away, hours after the event, didn't see Ives while he was yelling, and had no context for what she heard.

Zickl countered that the witness, who apparently knows Ives, can ID Ives by his voice.

Judge Melissa Lightcap Cianfrini ruled that both witnesses can be called during the trial.

Press release:

All motorists, please be aware that Elm Street between Main Street and Fisher Park will experience traffic delays on Monday, August 1st from 7AM to 3PM for milling and patching operations.

While work is being performed in this area, the roadway will be closed to all through traffic. Local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents/businesses within the work area are asked not to park on the roadway during the operation.

This is weather-dependent work; if work is postponed, it shall progress to the next workday.

Please contact the Bureau of Maintenance at 585-345-6400 Option 1 if there are any questions.

Thank you for your cooperation.

Press release:

Due to an additional situation on Elm Street, the City of Batavia Water Department will be repairing the water main break on Oak Street at a later date.  The Water Department will now be focusing its attention on a water leak on Elm Street, between East Main Street and Fisher Park.  There is the potential that the water may need to be shut off on Elm Street from East Main Street to Fisher Park.  The water would also have to be shut off on Fisher Park from Elm Street to Vine Street.

The length of time the water will be off is unknown.

Traffic will be closed down on Elm Street between East Main Street and Fisher Park.

As always, when the water is restored it may be discolored.  Please refrain from doing any laundry until the water runs clear.

We apologize for any inconvenience and the public’s patience is greatly appreciated.

City fire was dispatched to a residence on Elm Street for a garbage container fire and it turned out there was extension into the house.

The fire is out.

Firefighters are commencing overhaul.

UPDATE 5:56 p.m.: City fire is clearing the scene.

From Bill Davis, superintendent of water/wastewater for the City of Batavia:

The City of Batavia Water Dept. is on location of a water main break in front of 215 Elm St. The water has been turned off on Elm north of North Street.

Homes in the surrounding area may experience rusty water, please do not attempt to do laundry at this time.

We appreciate your understanding while this repair is made. City crews will make every attempt to restore water as soon as possible.

UPDATE: Water service was restored just before 8 p.m.

"Zeva" will soon need a new home.

The friendly pooch was reportedly left at an apartment at 17 Elm St., Batavia, after the owner moved out.

Somebody called police yesterday evening and reported the apparently abandoned dog and a police officer picked it up and took it to the shelter.

The address is the same apartment where another dog, on April 30, got itself stuck on the eve of a second-floor deck and then fell off when the owner was brought back to the residence by a police officer.

Today, the owner -- whom we're not identifying by name at this point because she hasn't been charged with a crime, and it's not certain she will be -- went to the animal shelter and signed the necessary paperwork to surrender ownership of Zeva.

She reportedly told staff she had left the dog rather than take it to the shelter because of a requirement that the owner acknowledges that the animal could potentially be euthanized. Animal Control Officer Agie Jaroszewski said the form is standard procedure for most shelters but doesn't mean the animal will be put down.

Alecia Kaus with Video News Service posted a report about the dog on Facebook yesterday and a women said the dog had been hers, but that the dog was being taken care of and that she retained access to the apartment until the end of the month.

"I was the owner," the woman wrote. "And to be clear again have posted all week about finding her a home and was just with her at 7 pm last night to walk her feed and water her."

There is not information available on the status of the other dog that was at the apartment April 30. Police have yet to determine what will happen with the case.

Below, photos from April 30.

Joseph Gottstine found four $1 coins in the front yard of his mother-in-law, Stacy Lynn Neureuther, Saturday afternoon. What makes them such a neat find, is three of them are silver dollars from the 1880s. One is a silver dollar from 1971.

Gottstine's metal detector tells him if the hunk of metal under the ground is likely a penny, nickel, dime, quarter or silver dollar. Neureuther's yard on Elm Street is apparently filled with coins, though Gottstine only dug out the dollars.

Neureuther is curious how the coins got there. The house was built in 1910. Could construction workers have lost them? Or did they just accumulate over time.

She looked up the value of the coins online and the 19th Century pieces may be worth about $65 apiece.  

Gottstine said he took up the hobby of metal detecting about a year ago and this is probably his most exciting find yet.

A caller reports seeing smoke in the area of Elm Street in the Village of Le Roy.

Le Roy Fire is being dispatched to investigate.

A chief on scene reports it's a small controlled burn that's spreading into some brush.

UPDATE 4:11 p.m.: Fire's out. Crew picking up hoses.

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