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Cynthia M. Mack, 52, of South Swan Street, Batavia, is charged with first-degree criminal contempt and third-degree assault. Mack was arrested at about 8 p.m. on Nov. 15 after an incident at a residence on South Swan Street. She allegedly punched a person in the face, causing a laceration. Mack has an order of protection against her. She was arraigned in Batavia City Court and jailed without bail. She was due to return to court on Nov. 18. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Wesley Rissinger.

Christina Elaine Taylor, 38, of South Academy Street, Medina, is charged with driving while intoxicated and speeding -- exceeding 55 mph. She was arrested at 12:50 a.m. on Nov. 21 on Alleghany Road in Alabama following a traffic stop. Taylor was issued appearance tickets and is due in Alabama Town Court on Dec. 18. The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy Austin Heberlein.

There's some progress to report on the development of Ellicott Station though the finish line for the project isn't yet clearly in sight.

This week, the Department of Environmental  Conservation opened a public comment period for an expedited cleanup of contamination at the Ellicott Station Site, 40-52 Ellicott St., which is part of the Brownfield Cleanup Program. 

The comment period is open through Dec. 20. 

City Manager Martin Moore explained this afternoon that the fact that the DEC has opened an expedited comment period means that the developer, Savarino Companies, has requested permits for the cleanup work, which the DEC states will take place this winter.  

Still pending for Savarino is the final piece of the puzzle of a complex financing plan that includes support from Homes and Community Renewal, a state agency. 

An application for assistance was turned down last year and the application process this year ends in December. It's unclear how long it will take for Savarino to get a response on the application.

"To his credit," Moore said, "he hired a consultant experienced in working with Homes and Community Renewal."

Sam Savarino did not respond to a text message sent to him earlier today asking for an update on the project.

The vast majority of financing for the $17.6 million project will come from private funds, either Savarino's own money or investment by private institutions individuals through the New Markets Tax Credit Program. To be financially viable on a brownfield site in an economically distressed neighborhood, the project needs state assistance and tax abatements through the Genesee County Economic Development Center.

Once completed, Ellicott Station is expected to add 68 full-time equivalent jobs in the community and will include the construction of 99,000 square feet of brewery, restaurant and beer garden, plus a five-story apartment building with 55 apartments and office space.

For previous coverage, click here. For details on the site cleanup and the public comment period, click here (pdf).

Batavia City Council President Eugene Jankowski has reached out to David Zanghi and his sister and advocate, Mary Ellen Wilber, in an attempt to get them in touch with emergency relief agencies after Zanghi’s life was disrupted earlier in the week.

Jankowski said today that he has met with Zanghi and talked on the phone to Wilber, and pledged the City’s support in finding the assistance Zanghi needs as a result of the 20-hour standoff at his Liberty Street residence on Monday and Tuesday.

“I’ve spoken to the City (management) and to Mr. Zanghi and they definitely want to put him in touch with agencies that can provide assistance,” Jankowski said. “It’s the same as with a major fire … we need to provide that connection.”

On Thursday, Zanghi informed The Batavian that his downstairs apartment at 209 Liberty St. and his personal belongings were extensively damaged from tear gas canisters fired by police. Subsequently, he has been displaced from his apartment and currently is staying with a relative.

A dialysis patient, Zanghi also said his medications were compromised during the ordeal, which saw Daniel Wolfe hold police at bay throughout the night as he barricaded himself inside his upstairs apartment with a pellet (BB) gun and a sword.

The situation ended around 9:30 a.m. Tuesday when Wolfe surrendered to City Police.

Jankowski noted that Zanghi is “obviously in poor health and needs some help.”

“Let’s help him get the help he needs and help Mary Ellen navigate the system,” he said. “She is coming into town this weekend and we’ve set up an appointment for her to meet with the City Manager (Martin Moore) and Assistant City Manager (Rachael Tabelski)."

Jankowski said that Wilber was “very receptive” to his call.

“She is a longtime civil servant and is acquainted with the system,” he said. “We will give her all the help we can as we would do anybody else in this situation.”

The council president said that agencies such as Genesee Justice, Veterans Services and Social Services are out there to assist victims of incidents such as this, and noted that law enforcement could provide the names of other organizations that could help out.

He also said that City Police did provide Zanghi with some phone numbers of agencies that could provide assistance, but said communication broke down after that.

“It was confusing to us since he never contacted us directly,” he said. “We were taken back a bit by the published report (in The Batavian).

Earlier today, Council Member Rose Mary Christian, who represents the Sixth Ward (which includes Liberty Street), weighed in on the matter – saying that she sympathized with Zanghi’s plight while also opining that contemporary society has made it difficult for the police.

“It’s very unfortunate what happened to him – he is a good person for that area -- but it could happen to anybody,” she said. “Any place, any time. That’s why it’s extremely important to have renter’s insurance.”

Christian went on to say that today’s “politically correct” climate has tied law enforcement’s hands.

“Our society has done this. In years past, maybe even 10 years ago, if there was a problem like that, (police) would knock down that door, grab him and have him arrested,” she said. “Today, the liberals would just question what happened here and (say), ‘Oh, the poor guy.’ ”

“That’s nonsense. The legal system doesn’t have a shot in hell.”

As far as 45-year-old Wolfe is concerned, he currently is in Genesee County Jail without bail, facing five charges, including three felonies. His case has been adjourned until Dec. 12.

A longtime Batavia resident is calling upon the City of Batavia to take responsibility for “destroying my home and hindering me mentally and physically” in the aftermath of Monday’s 20-hour standoff at his Liberty Street residence.

“I am a victim of this,” said David Zanghi, 66, who lives in the downstairs apartment at 209 Liberty St. “The only ones who caused damage to my house were the police. They were very non-caring.”

Zanghi was forced to evacuate his downstairs apartment when City Police responded to a domestic disturbance call around 1:18 p.m. Monday.

According to dispatch reports, the caller said an intoxicated male hit a female and was in possession of a sword.

When police arrived, they saw that the male, later identified as Daniel Wolfe, 45, had barricaded himself inside his apartment upstairs and began shooting at officers with a pellet (BB) rifle.

The standoff continued until around 9:30 in the morning on Tuesday, finally coming to an end when Wolfe exited the residence and surrendered to City Police Det. Sgt. Kevin Czora.

During the standoff, City Police were assisted by several other agencies, including the Genesee County Sheriff’s Office; Orleans County SWAT; State Police troopers; negotiators; drone unit; K-9 unit; and SORT teams; the NYS DEC K-9 Unit; Monroe County Crisis Negotiating Team; Genesee County Emergency Management; Genesee County Dispatch Center; City Fire Department; and Mercy EMS.

Wolfe sustained self-inflicted injuries and was transported for treatment to Strong Memorial Hospital in Rochester. Currently, he is in Genesee County Jail.

While the suspect faces multiple charges, Zanghi, who is on dialysis waiting a kidney transplant and suffers from emotional and physical ailments, now is staying with a relative in the City due to the damage done to his residence.

“They destroyed my house … busted all the windows, my clothes are shot because of the tear gas. I may be able to get the couch fixed. It’s ridiculous what they did to me,” he said.

Zanghi reported that his landlord, Duane Preston, has promised him another apartment in mid-December.

“Duane has been good to me,” he said. “He even gave me my rent check back for the month.”

Zanghi also said that he is upset that no one from the City has contacted him about the possibility of receiving some victim assistance support, and plans to confront City Council and management at the next City Council meeting on Monday (Nov. 25).

City officials, however, did respond to a request from The Batavian for a comment in light of Zanghi’s grievances.

“While the City sympathizes with Mr. Zanghi as an innocent bystander to the events that unfolded Tuesday, November 18th, there is no specific assistance that the City can offer,” Assistant City Manager Rachael J. Tabelski said.

“In any type of emergency response situation there will be unintended consequences, however the city is not liable for the damage. There are many organizations and individuals that volunteer to help residents in need, and I am hopeful Mr. Zanghi will find relief through these individuals and organizations.”

Zanghi said that his sister, Mary Ellen Wilber, who splits her time between New Jersey and Batavia, will represent him at the meeting.

Contacted by phone this afternoon, Wilber said she is “disgusted” over the City’s lack of action despite being contacted numerous times about Wolfe’s violent behavior.

“I will be there to advocate for my brother, who has called police at least seven times over the past year, year and a half, about this guy,” she said. “He’s an alcoholic who has harmed the woman (girlfriend). All those times David called and it’s all for naught.”

Wilber said law enforcement’s actions have “traumatized” her brother, who is on a fixed income and under the care of the VA Medical Center. 

“He had to go to the hospital to get his medicine because all of his pills, along with his clothes and bedding, were contaminated.

“They shot tear gas canisters into David’s downstairs apartment, knowing the guy was upstairs,” she said. “They destroyed his apartment.”

Wilber said she also questions the way the situation was handled and the cost to the City.

“I was told that the police said they were using this as a tactical exercise,” she said. “It should have never gone on this long. They could have used a Taser instead of attacking him with a dog. The cost to the City is going to be very high. They could have done things in a much better way.”

Photos by Howard Owens.

David Zanghi points to a window broken by police actions.

David Zanghi said a CS gas canister apparently exploded in his bedroom. He's pointing to all the medicine on his dresser that the VA had to replace for him. He said he has expensive suits, including a $1,500 tux, that now reek of tear gas and he's not sure they can be properly cleaned.

       Daniel Wolfe

Daniel Wolfe, the man accused of hitting his girlfriend before barricading himself in his apartment on Liberty Street, made a routine follow-up appearance in Batavia City Court this morning.

Wolfe had previously pled not guilty at his initial appearance to charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Today he was represented by public defender Jerry Ader.

Ader preserved his client's right to a felony hearing at a later date, and said his office is still investigating the case so he has no motions to make at this time. He asked that the case be continued in City Court until Dec. 12.

Judge Robert Balbick granted all of Ader's requests.

Wolfe, shackled and in an orange jail jumpsuit, said nothing while standing before Balbick.

         Daniel Wolfe

Press release:

On Monday, Nov. 18 at approximately 1:18 p.m., the Genesee County Dispatch Center received a domestic call at 209 Liberty St.

The caller reported that an intoxicated male struck a female and the male was in possession of a sword. It was also reported that the female was able to escape the residence.

Officers from the Batavia Police Department arrived on scene and encountered the male, who had barricaded himself inside the residence. The female was located and found safe at a neighbor’s home.

The suspect, who remained inside the house, began shooting at officers with a BB rifle.

Immediately, the Batavia Police Department set up a perimeter around the residence and neighbors were told to shelter in place. The Batavia City School District was informed of the incident so appropriate measures could be taken to ensure the safety of the students, including students attending the Jackson Primary School, located a few blocks away.

Batavia Police negotiators were called to the scene along with the Batavia Police Emergency Response Team (ERT), the New York State Police, and the Genesee County Sheriff’s Office / K-9 Unit and the New York State Department of Environmental Conservation K-9 Unit.

Negotiators were able to make verbal contact with the suspect who was identified as Daniel Wolfe, 45, who resided at 209 Liberty St. in the upstairs apartment. Wolfe repeatedly told negotiators that he wanted officers to kill him. He refused officers' commands to come out of the house.  

The Genesee County Sheriff’s K-9 handler attempted to send "Frankie" inside to safely take Wolfe into custody. Wolfe then attempted to slash Frankie with a knife, and the handler pulled Frankie back to safety.

Wolfe continued to tell officers throughout the incident that he wanted officers to kill him, and he threatened to shoot officers.

Several options were tried to get Wolfe to surrender that included the launching of chemical agents into the residence and the use of robots/drones to determine where he was in the residence. Other negotiating and swat teams were called in to assist.

After approximately 20 hours, Wolfe exited the residence and surrendered to Detective Sargent Kevin Czora of the Batavia Police Department.

Wolfe was transported to Strong Memorial Hospital for injuries he sustained during the incident. These injuries were self-inflicted. All officers on the scene and civilians in the neighborhood were unharmed during this incident.

Wolfe was later released from Strong hospital, at which time he was arrested by Batavia Police Department on charges of first-degree criminal contempt, two counts of criminal possession of a weapon in the third degree, menacing, 2nd, and harassment, 2nd.

Wolfe was arraigned in Batavia City Court on Nov. 19 and is being held without bail at the Genesee County Jail.  He will reappear in Batavia City Court at 11 a.m. tomorrow (Nov. 21). Additional charges are pending.

The Batavia Police Department would like to thank: the Genesee County Sheriff’s Office; Orleans County SWAT; New York State Police troopers; negotiators; drone unit; K-9 unit; and SORT teams; the New York State Department of Environmental Conservation K-9 Unit; Monroe County Crisis Negotiating Team; Genesee County Emergency Management; Genesee County Dispatch Center; City of Batavia Fire Department; Mercy EMS; and the numerous citizens who supported the efforts, both on the scene and in the days following this incident.

Photos: Top photo: still from the video shot yesterday of Wolfe and Det. Kevin Czora and an unidentified plainclothes State Trooper slowly walking Wolfe from the apartment where he had been barricaded to a waiting ambulance. Bottom photo, still from a previously unreleased portion of the video where Wolfe turned to look down the street, and pulled back slightly, as Czora and the trooper tried to coax him into the ambulance.

Major League Baseball should not end its affiliation with the Batavia Muckdogs, or any of the other 41 minor league teams reportedly on the chopping block without sitting down and listening to local community leaders and minor league executives, Sen. Charles Schumer said during a telephone press conference with Upstate news media today.

"This plan presents some real potential problems for New York State," Schumer said. "We don't know how real it is, but the newspaper reports are very disconcerting. So I am calling today on the MLB and Minor League Baseball to sit down and talk with the community leaders and with team owners to ensure that all the relevant parties can provide feedback and propose constructive solutions before any final decisions are made."

The proposal to eliminate or demote 42 minor league teams is potentially an issue for members of Congress to take up because Major League Baseball enjoys an exemption from the Sherman Anti-Trust Act based on a ruling by the Supreme Court in 1922. Congress has the power to overturn that exemption.

Responding to a question from The Batavian, Schumer declined to comment on how he might respond to any proposal to lift the exemption.

"As for the antitrust exemption, we all know it exists," Schumer said. "Let's see what Major League Baseball has to say. Let's see how quickly and willingly and cooperatively they are willing to sit down with us before we comment on that particular proposal."

The current proposal -- as leaked to The New York Times -- would move 42 teams currently affiliated with major league teams to an independent "Dream League." Schumer acknowledged that it's unclear what MLB means by a "Dream League."

Besides Batavia, teams listed as candidates to lose a major league affiliation are Binghamton, Auburn and Staten Island. Three New York teams -- the Tri-City Valleycats, Hudson Valley Renegades and Brooklyn Cyclones -- would be promoted to AA leagues. That proposal, Schumer noted, would mean the end of the New York Penn League, founded in Batavia 80 years ago.

Complicating matters for Batavia is that the Muckdogs are now owned by the New York Penn League.

For decades, the Muckdogs were owned by the community, run by the Genesee County Baseball Club with a volunteer board of directors. The team has been perpetually for sale for several years. If it ever were sold, some of the proceeds would be returned to the GCBC.  

Club President Brian Paris said last night that any proceeds from the sale would be used for the community's benefit.

So the Muckdogs are, in the true financial sense of the word, a community asset.

Attempts to reach Ben Hayes, NYPL president, to try and clarify how the MLB proposal might affect this community asset have been unsuccessful.

Schumer said the first order of business is getting MLB to listen to the concerns of the communities affected by this proposal. He is seeking a meeting with MLB Commissioner Rob Manafort, whom Schumer hopes will understand the concerns of Upstate communities because he's originally from Rome. 

Loss of the NYPL would be especially devastating for baseball fans in Upstate New York, Schumer said. The Dream League, whatever that might be, Schumer said, might be a sufficient attraction to make professional baseball viable in Upstate.

"The New York Penn League short-season schedule has been ideal for New York baseball fans," Schumer said. "The games get started in mid-June after the colder spring weather; They last through the hot summer months when baseball's at its best, in my opinion."

Lt. Gov. Kathy Hochul has also weighed into the debate defending baseball in Batavia, stating, "If you’re in Batavia or anywhere nearby, you love the Muckdogs. I’ve been to many of their games. I’ve thrown out opening pitches. My husband and I slip in there at least once or twice a year to catch a game, so it’s part of the identity of the community and especially these small towns. I mean Batavia has a lot going for it, but part of it is being associated with a Minor League Baseball team."

Photo: File photo by Jim Burns.

It's early in the negotiations and officials with Minor League Baseball are working hard to save all the minor league ball clubs from the chopping block, a spokesman for Minor League Baseball said this evening.

"The game of baseball is just as important to Batavia and Auburn as it is in Charlotte or Indianapolis," said Jeff Lantz. "We want to see baseball grow and thrive and be a part of all of our communities."

He said it's unfortunate that word leaked that Major League Baseball floated a proposal to eliminate some minor league teams, and even more unfortunate that this week a list of teams MLB is proposing to be cut was leaked. Both Batavia and Auburn were on a list of New York Penn League clubs that could be scrapped if MLB is successful in reducing the number of minor league teams from 160 to 120.

"That's not good for anybody," Lantz said. "It's not good for Minor League Baseball. It's not good for the fans, and it's not good for the fans of Batavia and Auburn."

He said it's early in the process and MLB and its officials are meeting this week to negotiate. They'll meet again at the Winter Meetings in a couple of weeks to try and hammer out a deal.

"We'll find out their (MLB's) concerns," Lantz said. "I don't think there are any concerns that can't be addressed through negotiations and finding out the best way to go."

Asked if MLB holds all the cards, Lantz said, obviously, the Appalachian League (of) MLB owns all the franchises and can do with them as they please, but the rest of the teams have separate owners so their status does become a point of negotiation.

The Batavia Muckdogs are owned by the New York Penn League now, but the team's former owner, a community group -- Genesee County Baseball Club -- would receive a part of the proceeds if NYPL ever sold the club. If the club were sold and moved, members of the club have floated the idea of using the funds to start a baseball team in one of the leagues that provides summer baseball for college-level players.

Lantz referred questions about the team's ownership status and how that might play out in these negotiations to league president Ben Hayes.

The Batavian has been unable to reach Hayes although we've tried for the past couple of weeks.

General Manager Brendan Kelly said he was not authorized to talk about the status of the minor league clubs. We were also unable this evening to reach club President Brian Paris.

That said, Lantz confirmed, there will be a 2020 season for the Muckdogs in Batavia. The current contract between MiLB and MLB runs until Sept. 15, 2020.

"The good news is, that gives us 11 months to try to negotiate a deal," Lantz said.

Lantz said one thing that is helping the cause of Minor League Baseball is politicians speaking out to help save the teams in the communities they represent. He cited specifically a member of Congress from Massachusetts who got more than 100 other members of Congress to sign a petition to send to MLB asking MLB to protect these teams.

Sen. Charles Schumer has come out strongly in favor of keeping ball clubs in Batavia and Auburn.

“America’s favorite pastime should not become part of Upstate New York’s past," Schumer said. "It’s no secret that New York’s minor league teams are institutions within their communities, which is why I implore MLB to reconsider any such plans and will be reaching out to them directly to advocate for our New York teams."

Lt. Gov. Kathy Hochul, who along with her husband, Bill, is a big fan of the Muckdogs and has attended several games over the years, also sent out a couple of Tweets in support of protecting minor league teams in New York. In one, Hochul wrote, "Foul ball!? @MLB - please say this isn’t so. As the birthplace of baseball and home to the Baseball Hall of Fame, these teams are big economic drivers for our small towns and part of New York’s identity & culture."

UPDATE 8:25 p.m.: Genesee County Baseball Club President Brian Paris said he's had no conversations at this point with Ben Hayes or Minor League Baseball about the future of the Batavia Muckdogs, though he is mindful of the fact that the club has a financial stake in the outcome of negotiations. He noted that Major League Baseball enjoys an antitrust exemption, which could limit the leverage of ball club owners but, citing a Baseball America article, noted that terminating as many as 40 franchises could jeopardize baseball's always tenuous hold on its exemption (which is authorized by Congress). If the Muckdogs are ever sold, Paris noted, it's the intention of the club's board of directors that any proceeds from a sale (about half the value of the club, less operational losses sustained by the NYPL since the league took over) would be used to the benefit the community.

This is video from the standoff on Liberty Street with footage from yesterday afternoon through early this morning.

We will post a second video later that shows the end of the standoff, including exclusive shots of the suspect being led away by Det. Kevin Czora.

The photos below are by Jim Burns.

 

PHOTO (9:32 a.m.): Det. Kevin Czora worked into the evening to establish a relationship with the man who had barricaded himself in an apartment on Liberty Street and came back this morning and resumed the conversation. He spent at least 90 minutes talking to the man before the subject slowly came out and Czora then coaxed him around the corner of the house and then walked him down the street, with the assistance of only one other officer, and into a waiting ambulance. The man was clearly fearful of both the other people around and the environment (he looked up at the sky and all around him at least once).

UPDATE 9:21 a.m. (By Billie): City fire units on Liberty Street are clearing the scene; back in service.

BREAKING -- 8:50 a.m., Nov. 19

Howard Owens has just reported that the suspect is out of the house and is being placed into an ambulance by law enforcement and EMT personnel.

Also, Jackson Primary School is in session; school official reports "business as usual."

Prior to the end of the standoff, the school district sent a telephone message to parents informing them of the situation, noting that bus service would be at St. Anthony's for those living on Liberty Street.

Watch for more updates and photos. The Batavian will have exclusive video of the subject being coaxed by Det. Kevin Czora from the house and walked to an ambulance.

----------------

Previously:

Nov. 18, 4:18 p.m.

Batavia City Police Chief Shawn Heubusch reported that the man barricaded inside of a house at 209 Liberty St. has fired several shots at police with a pellet gun and is refusing to come out peacefully.

"Our patrols responded to an address (about two hours ago) on Liberty Street for a domestic disturbance situation," Heubusch said. "Upon arrival, there's this male subject in the upstairs apartment that has barricaded himself in and is refusing to come out. He has a pellet rifle or pellet gun that he is shooting at us, if you will.

"Right now we're working through the process of trying to get him to come out and talk to us."

Heubusch said that the victim of the alleged dispute (the man's girlfriend) is no longer inside the house and the downstairs neighbor also has been evacuated.

He added that police are "working with the (Batavia City) school district, busing the children from Jackson (School) and making sure the kids stay safe and there's no traffic in the area."

"We're keeping the kids away from the area and keeping the neighbors indoors at this point until we can get the subject in custody."

According to David Zanghi, the downstairs tenant, the incident started when the upstairs tenant (name being withheld at this time) punched his girlfriend in the right eye and took some of her prescription drugs. Zanghi said the suspect also is in an intoxicated state.

"He's got a sword and a BB gun, and he's already shot out a couple windows," Zanghi said. "They (police) won't go in there until they get a warrant; that's what the police told me."

Previously (3:12 p.m.) (by Billie):

A man who was reported to dispatch for allegedly carrying a sword while walking down Liberty Street in the City of Batavia is barricaded in one of three houses cordoned off by police.

The incident began about an hour ago and police immediately established a perimeter around the Liberty Street trio of homes.

Jackson Primary School at 411 S. Jackson St. was put on lockout -- meaning no one is allowed to enter or exit until the scene is secure.

UPDATE 3:26 p.m.: The students have been dismissed and have boarded buses.

UPDATE 9:30 p.m. (by Howard): The standoff continues. Chief Shawn Heubusch said a little while ago that law enforcement is prepared at this point to wait as long as they must for the man in the house to exit on his own safely. The Orleans County SWAT team responded to the incident about 7:30 p.m. and at about 8 p.m., once in position around the house, fired a volley of CS gas canisters into the house. The suspect did not exit the house and there was no communication between law enforcement and the subject for at least 45 minutes, at which point negotiations began again. Heubusch said he's reluctant to send in officers to try and apprehend the suspect because that could lead to serious consequences for either the suspect or an officer and the goal is to ensure there are no serious injuries or fatalities. Trying to make entry could force a confrontation that would require an officer to take decisive action. (We'll post a video and photos later.)

UPDATE 10:53 p.m. (by Howard): Heubusch just confirmed that about three hours ago the suspect tried to stab "Frankie," the K-9 of Deputy Chris Erion. The attempt was unsuccessful. Frankie was not injured.

UPDATE 6:09 a.m. Nov. 19 (by Howard): The individual is still barricaded in the apartment. Law enforcement is still waiting him out. The Monroe County Sheriff's Office has provided additional manpower to provide relief for officers who had been on scene for hours. The contingent from MCSO includes a negotiator who has been trying to talk with the subject. From about 2:20 a.m. to 3 a.m., he did not respond to repeated requests to speak and shortly after 3 a.m. he responded to the officer. The Batavian is continuing to withhold publication of photos and video until the situation is resolved.

A man who was reported to dispatch for allegedly carrying a sword while walking down Liberty Street in the City of Batavia is barricaded in one of three houses cordoned off by police.

The incident began about an hour ago and police immediately established a parameter around the Liberty Street trio of homes.

Jackson Primary School at 411 S. Jackson St. was put on lockout -- meaning no one is allowed to enter or exit until the scene is secure.

UPDATE 3:26 p.m.: The students have been dismissed and have boarded buses.

Stephen Anthony Marazita, 37, of North Lake Avenue, Bergen, is charged with criminal tampering in the second degree. Marazita was arrested at 8:49 p.m. on Nov. 14. It is alleged that he tampered with his electric meter to turn power back on at his residence after it was shut off. He was arraigned in Bergen Town Court and released on an appearance ticket. He is due to return to court on Nov. 20. The case was handled by Genesee County Sheriff's Deputy David Moore.

Phillip Sanders Brunson, 32, of an unspecified address in Gowanda, is charged with two counts of second-degree harassment. Brunson was arrested on  Nov. 14 in regard to an incident that occurred on Nov. 24, 2016. He allegedly slapped and spit in a female's face and shoved another female during a domestic incident on Maple Street in the City of Batavia. He was arraigned in Batavia City Court. (His disposition afterward was not provided.) The case was investigated by Batavia Police Officer Joshua Girvin, assisted by Officer Nicole McGinnis.

A 17-year-old female who lives in Batavia was arrested on Nov. 7 after an incident that occurred the day before outside a residence on Hutchins Place in Batavia. The girl allegedly threatened to harm people while holding a baseball bat. She was issued an appearance ticket and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Jason Davis.

Kaleb James Bobzien, 21, of Dellinger Avenue, Batavia, is charged with second-degree criminal contempt. Following an investigation of phone calls made from recorded jail phones, Bobzien was arrested on Nov. 18. It is alleged that he violated a stay away order of protection issued by Batavia City Court. He is due back in court on Nov. 26. The case was handled by Batavia Police Officer James Stack, assisted by Officer Dennis Bartholomew.

Jahmaal Lee Barnes, 19, of Batavia Stafford Townline Road, Batavia, is charged with third-degree burglary and fourth-degree grand larceny. Barnes was arrested at about 8 p.m. on Nov. 16 and arraigned in Batavia Town Court. It is alleged that at 11 a.m. on Nov. 14 that Barnes entered an apartment on Batavia Stafford Townline Road and stole the resident's debit card. Barnes was released under supervision of Genesee Justice and is due back in Batavia Town Court on Dec. 16. The case was investigated by Genesee County Sheriff's Deputy Nicholas Chamoun.

Now that a new 40-year sales tax agreement is in place, the County Legislature is ready to move forward with designing and building a new jail on land next to County Building #2.

Assistant County Manager Matt Landers presented an anticipated budget for the new facility with an anticipated expense of $60,000,000 at a Committee of the Whole meeting on Wednesday night.

The proposed jail will hold 184 beds in four pods, giving the jail staff space to keep separate jail populations for men and women as well as threat level, mental health issues, or substance abuse issues.

The location is off West Main Street Road in Batavia. 

The actual construction costs are an estimated $49,763,323 million: with more than $2 million in expense for design; $2 million for furnishings; $1.2 million for bonds and insurance payments; $1.2 million for a construction manager; more than $1 million in additional expenses for planning and development; plus $1.8 million set aside for unexpected costs.

Construction will be funded by bonds, which will be paid back over 30 years by the sales tax revenue that has been shifted away from villages and towns as part of the new state-approved sales tax agreement.

Chairman Robert Bausch said that under this plan, there would be no need to raise property taxes to help pay for the jail.

Bausch also noted that the county's consultant initially projected, based on county inmate trends, that Genesee County would need a 215-bed facility but that a new bail reform law is expected to reduce the demand in the county for inmate beds.

However, there is room available on the proposed jail site to add two additional cell blocks if the need arises.

If sales tax revenue falls short in the coming years, Landers noted, there is other county debt that will retire and revenue now going to pay those expenses can be reallocated to the jail debt if necessary.

With the new jail, the county will be able to go from being a tenant in other agencies' facilities -- all female inmates are housed at other jails in the region -- to being a landlord for other counties, the state or the feds.

"Local counties, the federal government, the state, are all short of space right now," Bausch said.

Revenue from other jurisdictions will cover some of the jail's ongoing operating expenses.

Legislators Shelly Stein, Gary Maha, and Gregg Torrey all spoke in favor of proceeding with the proposal.

"I served on the new jail committee," Stein said. "The details were combed through, and it is my recommendation that we proceed with 184 beds ... To not hit property taxes," she added, "is a major win for what we've done together as a legislature."

The need for a jail is beyond dispute, Maha said. 

"I'm not fond of spending $60 million," Maha said but the current jail is in bad shape, is landlocked, and the state is demanding a new facility in compliance with state standards.

"This is the county's responsibility and we have to get a jail done, and we have to do it right," Maha said.

Torrey agreed with Maha and said, "we have one chance to do it right. We hired a consultant, and I think it's best to follow what they recommend we do."

Photo: Members of the legislature listen to incoming Legislator (not in frame) Christian Yunker on his thoughts about the new jail, which he also supports.

CORRECTION: The bonds will be paid back over 30 years, the maximum time period for bond payback under state law.

Devon A. Wright, 18, of Highland Park, Batavia is charged with: second-degree harassment -- physical contact; fourth-degree grand larceny -- taking property from a person; and endangering the welfare of a child less than 17. Wright was arrested on Nov. 10 following an incident with a juvenile that occurred at Batavia City Centre at 10 a.m. that day. Wright allegedly stole an envelope containing cash from the pant pocket of a juvenile, and then grabbed the person by the wrist, causing them to feel threatened and fear physical harm. Wright was arraigned at 9:37 p.m. in Batavia City Court and jailed without bail. Wright was due back in city court on Nov. 12. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Sean Wilson.

Casey Lynn Fitch, 30, of North Spruce Street, Batavia, is charged with: having unsafe tires; moving from lane unsafely; leaving the scene of a property damage accident; driving while intooxicated; and DWI with a BAC of .08 percent or higher. Fitch was arrested following a hit-and-run property damage accident that occurred at 9:11 p.m. on Nov. 7 on Naramore Drive in Batavia. Fitch was transported to Batavia Police Department and processed, then issued traffic tickets. She is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Stephen Quider.

William C. Hofert, 60, of Dewey Avenue, Batavia, is charged with driving while intoxicated and refusal to take a breath test. Hofert was arrested on Nov. 5 following an accident that occurred at 10:03 p.m. on Dewey Avenue. He allegedly drove a vehicle while intoxicated and struck parked cars. He was issued traffic tickets and released and is due in Batavia City Court on Nov. 19. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Miah Stevens.

Thomas Scott Flower, 47, of West County House Road, Albion, is charged with: aggravated unlicensed operation in the first degree; operating a motor vehicle with a BAC of .08 percent or more; driving while intoxicated; and speed not reasonable and prudent. At 9:08 a.m. on Nov. 12, following the investigation into a one-car accident on Knowlesville Road in Alabama, Flower was arrested on the charges. He was released on appearance tickets and   is due in Alabama Town Court on Nov. 27. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Alexandrea Lea Fitzwater, 33, of Church Street, Medina, is charged with aggravated unlicensed operation of a motor vehicle in the third degree, petit larceny and sixth-degree conspiracy. Fitzwater was arrested on Nov. 12 following in investigation into a larceny that occurred at Kohl's department store in Batavia during the afternoon of Sept. 8. She was issued appearance tickets and is due in Town of Batavia Court on Dec. 5. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon.

         Eric Olverd

Eric James Olverd, 47, of Wallace Street, Batavia, (inset photo, right) is charged with: obstruction of governmental administration; resisting arrest; two counts of reckless endangerment; second-degree assault with injury to a victim over age 65; second-degree harassment; criminal mischief, and endangering the welfare of a child. Olverd was arrested at 7 p.m. on Sept. 15 on Wallace Street following a domestic incident. He was jailed in lieu of $5,000 cash bail or $10,000 bond. He was due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Sean Wilson.

Darrell Smith, 52, of Highland Park, Batavia, is charged with third-degree assault. Smith was arrested at 9:33 p.m. on Sept. 16 on Highland Park. He allegedly punched a person in the face, causing injury. Smith was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on Oct. 3. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

John Joseph Saddler Jr., 32, of Orange Grove Drive, Batavia, is charged with criminal contempt in the second degree and disorderly conduct. At 1:44 p.m. on Sept. 17, Saddler was arrested while standing in front of Judge Robert Balbick in Batavia City Court after being warned not to use obscene language in the courtroom. He allegedly continued to use obscene language, causing a disruption in the courtroom. Saddler was arraigned in city court by Judge Durin Rogers then put in Genesee County Jail in lieu of $2,000 cash bail. He is due back in city court at 1 p.m. this afternoon (Sept. 18). The case was handled by Genesee County Sheriff's Sgt. Jason Saile.

Michael S. Carter, 33, of Eagle Harbor Road, Albion, is charged with operating a motor vehicle with a BAC of .08 percent or more, driving while intoxicated and failure to keep right. Batavia Police Officer Peter Post arrested Carter at 2:37 a.m. on Sept. 7 on East Main Street in the City of Batavia. He was released on an appearance ticket for this morning (Sept. 18) in Batavia City Court but held at the Genesee County Jail on a violation of parole warrant. Officer Arick Perkins assisted in the case.

Jacqueline R. Garrett, 40, of Church Street, Le Roy, is charged with illegal use of toxic vapors. Garrett was arrested after she was allegedly observed inhaling a toxic substance while in public at 11:53 a.m. on Sept. 16. The incident location is Eastown Plaza on East Main Street in the City of Batavia. She was processed at Batavia Police Department and released on an appearance ticket. She is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Miah Stevens, assisted by Sgt. Dan Coffey.

A 17-year-old male who lives in Batavia was arrested on Sept. 14 by Batavia Police Officer Peter Post and charged with second-degree harassment. At 6:46 p.m. on Sept. 9 on Ellicott Street in Batavia, the male allegedly had unwanted contact with a person. He was released on an appearance ticket and is due in Batavia City Court on Sept. 24. Batavia Police Officer Marc Lawrence assisted with the case.

Randy S. Turner, 63, of Burke Drive, Batavia, is charged with having a dog that was running at large. He was arrested following an investigation of a complaint that he allegedly allowed his family's dogs to run at large at 6:15 p.m. on Aug. 29 onto a neighbor's property on Burke Drive. He was issued an appearance ticket and is due in Batavia City Court on Sept. 24. The case was investigated by Batavia Police Officer Sean Wilson.

Kakeen K. Ithna-Asheri, 59, of East Main Street, Batavia, is charged with petit larceny. The defendant was arrested at 12:34 p.m. on Sept. 15 after he allegedly stole a package of batteries from a store on East Main Street in Batavia. He was released on an appearance ticket and was due in Batavia City Court on Sept. 17. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Kevin DeFelice.

Steve B. Nesbitt, 34, of Holland Avenue, Batavia, is charged with owning an unlicensed dog. He was arrested at 1:44 p.m. on Sept. 16 on Holland Avenue, then released on an appearance ticket. He is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

Jesse Daniel Bowman, 27, of Vine Street, Batavia, turned himself at Batavia Police Department Sept. 15 on a warrant out of Batavia City Court. He was arraigned at 10:39 a.m. in city court, then released on his own recognizance. He is due to return to court on Oct. 3. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Jason Ivison.

A resident at 511 Ellicott St., Batavia, was seriously hurt in a 1:57 a.m. fire, according to City Fire Chief Stefano Napolitano.

The woman was rescued from a second-floor bedroom by firefighters shortly after the alarm came into City Station.

It took city crews about three minutes to arrive on scene, Napolitano said.

The victim was transported to UMMC by Mercy EMS and then transferred to Strong Memorial Hospital. Napolitano said he believed her to be in critical condition with lung damage.

Her name has not yet been released.

The fire may have started in the kitchen area, cause unknown at this time, but the fire is still under investigation, the chief said.

When the first crew arrived, heavy smoke and flames were showing from a first-floor window on the east side of the structure. Firefighters made an aggressive initial attack, he said, while other firefighters used a ladder to reach a second-floor window to rescue the woman who was trapped upstairs.

Five adults and one child lived in the two apartments, according to the chief, and the four other adults and the child escaped the fire unharmed.

All have been provided shelter by the Salvation Army and the American Red Cross will provide further assistance.

One apartment unit is still habitable, the chief said, but all utilities were cut off during the fire and have not yet been restored.

The fire quickly went to a second alarm and additional city crews responded. Alexander Fire's Fast Team also responded along with a heavy rescue truck from Le Roy Fire Department to assist with refilling air bottles. Town of Batavia fire filled in at the city fire station to cover city calls during the incident.

Batavia PD and Batavia DPW also assisted at the scene.

Photos by Frank Capuano.

Dustin Wayne Bogue, 37, "address unknown," (inset photo, right) is charged with: first-degree robbery; second-degree menacing; criminal possession of a weapon in the third degree; and criminal possession of stolen property in the fifth degree. At 1:51 a.m. on Sept. 14, Batavia police responded to Speedway at 204 W. Main St. in Batavia for the report of a robbery. Bogue was later arrested on the charges following an investigation. He was arraigned in Batavia City Court and jailed without bail. He is due in Batavia City Court at 11 a.m. on Sept. 19. The case was investigated by Batavia Police Officer Arick Perkins, assisted by Officer Peter Post.

Taylor S. Wyder, 25, of Alleghany Road, Alabama, is charged with unlawfully dealing with a child in the first degree, a Class A misdemeanor. Following the investigation into a complaint of an adult serving alcohol to a minor at 1 a.m. on Sept. 16 on Alleghnay Road in Alabama, Wyder was arrested, then released on his own recognizance. An order of protection was issued against Wyder favor of the victim. Wyder is due in Alabama Town Court on Oct. 3. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Colby L. Ellis, 30, of West Academy Street, Albion, is charged with second-degree criminal contempt. Ellis was arrested at 4:35 p.m. on Sept. 13 on Apollo Drive in Batavia. He allegedly violated a stay-away order of protection during a traffic stop in the parking lot. He was arraigned in Batavia City Court at held on unspecified bail. He was due in Batavia City Court this afternoon (Sept. 16). The case was handled by Batavia Police Officer Mitchell Cowen.

Schnell Alexandria Ogletree, 30, of Eagle Lane, Canillus, is charged with: aggravated unlicensed operation in the first degree; driving while ability impaired by drugs; criminal possession of a controlled substance in the seventh degree; aggravated unlicensed operation in the second degree; speeding; and unlawful possession of marijuana in the second degree. At 9:14 a.m. on Sept. 14 on Clinton Street Road in Stafford following the alleged observation of a vehicle and traffic observation. She was subsequently arrested on the charges. She was taken to Genesee County Jail and evaluated by Genesee County Sheriff's Deputy Richard Schildwaster, a certified drug recognition expert. She was issued appearance tickets and is due in Stafford Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Ryan DeLong, and also aided by Deputy Ryan DeLong and Deputy Chris Erion.

Jesse James Smoody, 43, of 8th Court, Westfield, Wis., is charged with aggravated driving while intoxicated -- with a BAC of .18 percent or more, and DWI. At 1:13 a.m. on Sept. 15, Smoody was arrested on Byron Holley Road in Byron following the welfare check on a male who had fallen off his morocycle in the parking lot of a convenience store. He was arrested and released on appearance tickets for Oct. 21 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

Matthew C. Olcott, 40, of North Spruce Street, Batavia, is charged with seventh-degree criminal possession of drugs and criminal use of drug paraphernalia in the second degree. Olcott was arrested at 1:16 p.m. on Sept. 12 on Osterhout Avenue in Batavia after a search allegedly led to the discovery of narcotics paraphernalia. Olcott was taken to Batavia Police Department and processed, then released on an appearance ticket for Sept. 17 in Batavia City Court. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Adam Tucker. 

Michael S. Colombo, 39, of Batavia, is charged with second-degree assault on an officer/firefighter/EMT. On Sept. 1, Mercy medics were transporting Colombo to Wyoming County Community Hospital when he allegedly became combative in the ambulance. He is accused of punching both EMTs in the face with a closed fist, causing injuries. He was later taken into custody and allegedly found to have an active arrest warrant for two counts of second-degree assault by the Batavia Police Department and the Wyoming County Sheriff's Office. Colombo is accused of head butting a Batavia Police officer during the exchange of custody, but he did not injure the officer. Colombo was arraigned in Warsaw Town Court and put in Wyoming County Jail on $25,000 cash bail or $50,000 bond. He is due to return to Warsaw Town Court on Sept. 16. The case was handled by WC Deputy Nowack and Deputy Houghton.

Kishonti D. Williams, 27, of Batavia, was arrested at 8:58 a.m. on Sept. 9 following a traffic stop by Wyoming County Sheriff's deputies on Route 246 in the Town of Perry. Deputies stopped him after allegedly observing him attempting to pass another vehicle on the right side as it was heading northbound. He is charged with aggravated unlicensed operation in the second degree. It is also alleged that he has 10 active suspensions on his driver's license. He is due in Town of Perry Court on Oct. 16. The case was handled by Wyoming County Sheriff's Deputy Daniel J. Kemp.

Sophie McGowan Cegielski, 18, of Pine Street, Oakfield, is charged with petit larceny. At 3:20 p.m. on Sept. 12, Cegielski was arrested at Oakfield-Alabama Central School on Lewiston Road in Oakfield. She is accused of stealing property out of another student's bag during after-school hours on Sept. 11. She was issued an appearance ticket and is due in Oakfield Town Court on Sept. 23. The case was handled by Genesee County Sheriff's Deputy David Moore.

From Alecia Kaus/Video News Service:

Malik I. Ayala, 27, of Walnut Street, Batavia, was to be sentenced on this afternoon (Sept. 12) in Genesee County Court, but he did not show up.

Public defender Jerry Ader told the court he could not appear today because he was admitted to an inpatient treatment program called Reflections at the Eastern Niagara Health System in Lockport.

The program is a chemical dependency treatment program available to adults ages 18 and over to help them recover from dependence on alcohol or other drugs. The program provides short-term treatment services.

Ader asked Judge Charles Zambito for an adjournment.

Ayala will remain at the inpatient facility until Oct. 2^nd.

Ayala has already accepted a plea deal and pled guilty to a charge of third-degree burglary, a class D felony.

He was picked up on Nov. 15 in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.

The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.

After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.

TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision last month. TeeSean pled guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.

Due to Malik I. Ayala’s criminal history, First Assistant District Attorney Melissa Cianfrini opposed the adjournment today.

“We feel he is a second felony offender, prison is mandatory, we are opposed to this adjournment,” Cianfrini said.

Judge Zambito explained that there was no commitment on sentencing and that Ayala was not recommended for the inpatient treatment.

“The fact (is) that he is in treatment; we will adjourn until afterwards,” Zambito said.

The new sentencing schedule is 9:15 a.m. Oct. 3.

Darel D. Tingue, 29, of Main Street, Arcade, is charged with: trespass; criminal possession of a controlled substance in the seventh degree; and criminal possession of a controlled substance in the third degree. Tingue was arrested on Sept. 10 after allegedly causing a disturbance at UMMC. He was asked to leave and not return, but he allegedly did return and was arrested at 10:01 a.m. for trespass. He was found at the time to allegedly possess a controlled substance and cocaine. He was arraigned in Batavia City Court and jailed on $10,000 cash bail or $20,000 bond. The case was handled by Batavia Police Officer Darryle Streeter.

David Allen Bogue, 52, of Maple Street Road, Basom, is charged with driving while intoxicated and failure to keep right. Bogue was arrested at 2:58 p.m. Sept. 10 on Lewiston Road in Batavia after the investigation of a one-car accident. He was issued an appearance ticket for Oct. 24 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Travis DeMuth.

Jason R. Anderson, 38, of South Main Street, Batavia, is charged with criminal possession of a weapon in the third degree -- with a previous conviction. Anderson was arrested following a Probation residence check at 12:09 p.m. Sept. 7 at his apartment on South Main Street. He was issued an appearance ticket and was due in Batavia City Court Sept. 10. The case was handled by Batavia Police Officer Miah Stevens.

Nicole Lee Woodruff, 39, of South Academy Street, Medina, is charged with petit larceny. At 5:54 p.m. on Sept. 11, Woodruff was arrested for allegedly stealing property from Sally Beauty Supply in the Towne Center at Batavia on Veterans Memorial Drive. She was released on an appearance ticket for Sept. 26 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Eric Meyer.

Keriann Barbaritz, 40, of Pratt Road, Batavia, is charged with petit larceny. At 2:45 p.m. on Sept. 10, Batavia police were requested for a shoplifting incident at a business on West Main Street in the city. Barbaritz was arrested, processed at the scene and released on an appearance ticket. She is due in Batavia City Court on Sept. 24. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Davis.

Rae Charlene Cook, 30, of East Main Street, Batavia, is charged with petit larceny. She was arrested as a result of an arrest warrant issued by Batavia City Court for this alleged incident which occurred at 3:57 p.m. Aug. 26 on East Main Street in Batavia. She was arraigned in city court on Sept. 11 and jailed in lieu of $250. She was due back in court this morning (Sept. 12). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Peter Post.