batavia

Matthew D. Derrick, 31, of Bank Street, Batavia, is charged with: third-degree criminal possession of a weapon; first-degree menacing; endangering the welfare of a child; and second-degree harassment. On Oct. 8 at 10:30 a.m., Batavia Police responded to 335 Bank St. for the report of a male with a knife threatening to harm other people. Upon arrival, Derrick was taken into custody. Further investigation revealed that Derrick allegedly possessed a corkscrew and threatened a 14-year-old male with the corkscrew. He was arraigned in Batavia City Court and jailed without bail. He was due back in court on Oct. 11. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Christopher Lindsay.

Demetri C. Stewart, 23, of Lewis Place, Batavia, is charged with intimidating a witness -- instilling fear of physical injury. He was arrested at 11:30 a.m. on Oct. 6 on Lewis Place for allegedly threatening a witness in an open investigation in which he is a suspect. He was jailed without bail. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer James DeFreze.

Samantha Hicks-O'Connell, of Ellsworth Avenue, Batavia, is charged with allowing her dog to bark habitually. She was arrested on Oct. 7, a day after a complaint that she left her dogs outside barking for an extended period of time. She was issued an appearance ticket for Oct. 18 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay.

Amber Marie Shea, 27, of Platten Road, Lyndonville, is charged with first-degree falsifying business records and fourth-degree grand larceny. Shea was arrested on these charges following an investigation in which it is alleged she stole from her employer on Aug. 15 on West Main Street in Batavia. She was issued an appearance ticket and released. She was due back in City Court on Oct. 11. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Nicole Salamone.

Amber Marie Shea, 27, of Platten Road, Lyndonville, is charged with identity theft and petit larceny. Shea turned herself in on an arrest warrant and was directed to appear in City Court Oct. 11. The charges stem from an investigation in which it is alleged that Shea stole a debit card on Aug. 21 and used it on West Main Street in Batavia without authorization. The case was handled by Batavia Police Sgt. Dan Coffey.

James M. Jurek, 44, of North Main Street, Mount Morris, is charged with: aggravated unlicensed operation; DWI -- common law; aggravated DWI with a BAC of .18 percent or more; open container of alcohol in a motor vehicle; and improper signal. Jurek was arrested at 7:13 p.m. on Oct. 5 on West Main Street in Batavia. Jurek was allegedly found to be operating his vehicle while intoxicated and with a suspended driver's license. He was jailed and due back in City Court on Oct. 6. The case was handled by Batavia Police Officer Nicole Salamone, assisted by Mitchell Cowen.

Dean E. Walter, 56, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt and second-degree burglary. Walter was arrested at 2 p.m. on Oct. 6 following an investigation. He allegedly had contact with a protected party who had an order of protection. Walter had been ordered to have no contact with the individual. He was allegedly located inside the protected party's residence. He was jailed without bail and was due in City Court on Oct. 7. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Jason Davis.

Andre K. Tiejan, 45, of 4070 Dominion Drive, Erie, Pa., is charged with criminal trespass. He was arrested at 11:26 p.m. on Oct. 6 on Dewey Avenue in Batavia after being told to leave the residence of a female acquaintance and allegedly refusing to do so. He was issued an appearance ticket for Oct. 11 in City Court. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer Jason Davis. 

Douglas S. Hofer, 53, of Oak Street, Batavia, is charged with unlawful possession of marijuana, and criminal possession of a controlled substance, 7th. Hofer was located inside a residence on Oak Street while partols were on an unrelated matter at 10:25 a.m. on Oct. 8. A marijuana bong was allegedly located on the coffee table in the same room as Hofer. He was taken into custody. A subsequent search of his person led to the alleged discovery of a crack pipe and heroin. He was arrested and processed and put in Genesee County Jail in lieu of $2,000 cash or bond. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Marc Lawrence.

Akeem R. Gibson, 26, of Washburn Street, Lockport, is charged with petit larceny. Gibson was arrested at 2:45 p.m. on Sept. 3 after he allegedly stole the tip jar from the Southside Deli in Batavia on Sept. 3. She was issued an appearance ticket for City Court on Oct. 25. The case was handled by Batavia Police Officer Mitchell Cowen.

Garrett, J. Ditzel, 22, no permanent address, was arrested at 3:39 p.m. on Oct. 6 at 40 Batavia City Centre following a shoplifting investigation at a local business. He was charged with petit larceny and was due in City Court on Oct. 11. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Kevin DeFelice.

Cathy Jean Tarey, 61, of Starr Road, Wyoming, was arrested at 2:15 p.m. on Oct. 12 and charged with petit larceny. She allegedly stole merchandise from Marshall's in the Town of Batavia. She was released with an appearance ticket returnable to Batavia Town Court on Oct. 24. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth.

Kevin John Milbrand, 52, of South Lake Road, Pembroke, is charged with trespass. The defendant was arrested at 12:15 p.m. on Oct. 11 on South Lake Road, Pembroke, for allegedly trespassing on posted property without permission. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Stephen J. Turkasz, 26, of Brookhaven Lane, Batavia, is charged with failure to appear in court after an appearance ticket was issued to answer a charge of criminal mischief. This stems from an incident at noon on Oct. 4 on Edwards Street, Batavia. He was arrested on a warrant out of City Court. He was jailed in lieu of $1,000 cash or bond and was due back in City Court on Oct. 11. The case was handled by Batavia Police Officer Christopher Lindsay.

Sarah L. Marcello, 24, of State Street, Batavia, was arrested on a warrant out of City Court for failure to appear for a traffic summons issued July 7 on State Street, Batavia. She posted bail and was released and is due back in City Court at a later time. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Christopher Lindsay.

The Genesee Symphony Orchestra, led by new conductor S. Shade Zajac, opens its 2016-17 season tomorrow at 4 p.m. at St. James Episcopal Church in Batavia.

The concert will feature performances by the winners of the annual Young Artists Competition, Jackie Hager, cello (top photo), and Jarod Yap, piano (second photo).

The program includes a piece by New York composer Dana Willson, "A Shortcut Home," along with Concerto in D Minor, by Lalo, Concerto in A Minor, by Schumann and "Scheherazade," by Rimsky-Korsako.

Purchase tickets online on the GSO website.

A two-car, minor injury accident is reported in the area of 3714 Pearl Street Road, Batavia.

Town of Batavia fire and Mercy EMS dispatched.

UPDATE 10:12 p.m.: Two people being transported to UMMC with minor injuries.

Batavia Police are responding to State Street after a woman complained that her neighbor was "shining a light on her while she was in her driveway."

Press release:

Benefits volunteer emergency responders receive as a reward for their service is no longer subject to federal income tax, withholding and reporting. On Sept. 21 the Senate Finance Committee approved legislation exempting these nominal benefits. 

Language from the Volunteer Responder Incentive Protection Act (VRIPA), which excludes property tax benefits and up to $600 of other types of benefits for the 2017 tax year, was added to the Retirement Enhancement and Savings Act. The Committee approved the benefit by a voice vote. The amendment was sought by senators Charles Schumer (D-NY) and Susan Collins (R-ME), the sponsors of VRIPA (S. 609/H.R. 2752).

“On behalf of the National Volunteer Fire Council (NVFC) I’d like to thank senators Schumer and Collins for their work on this important legislation, which will help local emergency response agencies recruit and retain volunteer personnel,” said NVFC Chair Kevin D. Quinn. “On average a volunteer firefighter in the United States donates services worth more than $18,000 to the community that he or she serves. It is common sense to clarify that the nominal incentives that volunteers receive as a reward for their service should not be taxed by the federal government.”

The NVFC will continue to work to identify opportunities to pass VRIPA before the end of the year and will provide updates if and when votes take place on the House or Senate floor. In the meantime, you can use the NVFC’s Legislative Action Center to contact your U.S. Representative and Senators to ask them to support VRIPA.

WANTED: Your gently used coats, sweaters, parkas and such for women, men, boys, girls and babies, too. All humanity!

Bahama Bay Salon and Spa in Downtown Batavia is having a winter coat drive through the month of October to benefit the Genesee County YWCA.

"We are doing it to support victims of domestic violence as October has been designated Domestic Violence Awareness Month," says Shirley Puleo.

The business is located at 2 School St.

Hours are Monday through Friday 10 a.m. to 9 p.m., Saturday 9 a.m. to 1 p.m., closed Sunday.

For salon services, call for appointment. Phone is 345-9644.

Press release:

New York Sea Grant is reminding Great Lakes residents that Saturday, Oct. 22, is a National Prescription Drug Take Back Day for dropping off unused medicines at collection sites statewide. The goal is to keep the pharmaceuticals out of the freshwater Great Lakes system that provides drinking water to 42 million people in the United States and Canada.

"The simple act of dropping off your unused prescription drugs at a nearby collection point helps reduce the impact of such substances as antibiotics, hormones, contraceptives, antidepressants, cosmetics, and vitamins on the aquatic environment and on human health," says New York Sea Grant Coastal Education Specialist Helen Domske.

More than 350 tons of prescription drugs were dropped off at more than 8,000 sites across the United States on the Fall 2015 collection day.

For the complete list of authorized collection sites for National Prescription Drug Take Back Day, visit the U.S. DEA National Take Back Day Initiative website here.

Collection hours at all sites are 10 a.m to 2 p.m.

In Genesee County, you can drop off unwanted drugs, no questions asked, at these locations:

• Batavia Police Department, 10 W. Main St., Batavia
• Genesee County Sheriff's Office is conducting a drop-off at the Pembroke Town Highway Barn at routes 5 and 77, East Pembroke
• Village of Le Roy Police Department, 3 W. Main St., Le Roy

MORE INFORMATION:
Domske is a 2016 Western New York Distinguished Scientist and author of the Undo the Environmental Chemical Brew: Keep Unwanted Medications and Chemicals Out of the Great Lakes guide with tips on how citizens can keep unwanted pharmaceuticals and personal care products out of Great Lakes waters. Find more information online at www.nyseagrant.org/unwantedmeds.

Research by New York Sea Grant and other science organizations has tracked the feminization of fish populations downstream from wastewater treatment plants to estrogen and its components found in prescription drugs.

A New York Sea Grant-funded, two-year research project that began in February 2016 is examining the effectiveness of advanced water treatment options, environmental levels and potential effects of pharmaceuticals in New York waters. Stony Brook University research Anne McElroy noted earlier this year, "The number of pharmaceutically-active ingredients (API) and their known or suspected active metabolites in coastal waters is in the hundreds and continues to increase. Data collected from our project will help to fill important data gaps and enhance knowledge about sewage-derived APIs and their effects on fish behavior and how well advanced wastewater treatment technologies reduce API discharges and mitigate these effects."

The biannual National Prescription Drug Take Back Days are an initiative of the U.S. Drug Enforcement Agency in cooperation with law enforcement agencies nationwide.

New York Sea Grant, a cooperative program of Cornell University and the State University of New York, is one of 33 university-based programs under the National Sea Grant College Program of the National Oceanic and Atmospheric Administration. Through its statewide network of integrated services, NYSG has been promoting coastal vitality, environmental sustainability, and citizen awareness about the State’s marine and Great Lakes resources since 1971. For updates on New York Sea Grant activities, www.nyseagrant.org has RSS, Facebook, Twitter and YouTube links.

Construction began this week on the new Dunkin' Donuts location on West Main Street, Batavia. The location is on the south side of the street, across from Redfield Parkway and next to Barrett's Batavia Marine.

Two days ago when workers for National Grid went to a residence on Liberty Street to turn off the electricity, they found themselves locked in the basement.

They reportedly heard the resident outside the basement making threatening statements, but no charges were filed.

Today, National Grid returned to the same apartment, the same basement, to reconnect electric service, but not wishing to take any chances, they requested a police presence while they were on scene.

The electricity was reconnected without incident.

Cody Towner, a former Town of Batavia fire volunteer, joined 226 other cadets today as the latest graduates of the Basic School of the New York State Police Academy. The cadets are the 204th graduating class.

Towner will join Troop C, based in Sydney.

A blue sky and fall colors starting to pop in the BJ's parking lot in Batavia.

The new Hotel at Batavia Downs opened for business today.

The ribbon cutting for the new facility won't be until early November.

There's a police confrontation on Bank Street Road in the city. A man who appears to be in his 20s is outside yelling at police officers. Multiple units responded to the call and officers have their weapons drawn. A family member on scene said the man is armed with a knife.

The Emergency Response Team is on scene.

The man is yelling: "Go away! Now that I'm armed with a knife, want to do your job?"

UPDATE 6:36 p.m.: The initial call was to a location on Denio Street. The incident is near Dwyer Stadium.

UPDATE: Police are treating this as a mental health incident at this time, and unless new information develops, there will be no charges against the subject of the incident, said Chief Shawn Heubusch. (As such, we're withholding pictures that show the individual involved, unless and until charges are filed (which doesn't sound likely. No name is likely to be released unless there are charges).

The incident started with the subject on the phone with dispatchers (though Heubusch was not sure if the subject called in or somebody else first called emergency dispatchers). The subject said he had a knife and was looking for police officers to harm him, Heubusch said.

Initially, responding officers had only a general idea of where the subject was -- somewhere in the woods around Dwyer Stadium and the Youth Bureau.  

"We’re relying on dispatchers to relay us information and they did a good job of relaying us information about where he was and what his intents were, keeping the members updated constantly," Heubusch said.

Shortly after 6 p.m., the subject emerged from the woods on Bank Street, at the old Batavia Iron and Metal property, where a Batavia police officer was parked.  Backup units from Batavia PD, the Sheriff's Office and State Police arrived on scene immediately, followed quickly by the Emergency Response Team. Within minutes, the State Police helicopter was overhead, as well.

"I can tell you, in an incident like this, you want to get as many people in as possible as quickly as you possibly can because you never know what it can evolve into or how quickly it can evolve," Heubusch said.

The chief also noted the incident was taking place in a residential neighborhood, warranting more concern for public safety.

A big reason to call out the ERT unit is the possibility the situation could become a barricaded suspect incident, Heubusch said.

"The more resources you have, the better you can contain it," Heubusch said. 

The subject retreated to a corner of the building as officers converged, but kept their distance. He backed behind the corner and continued to yell at officers.

Two members of ERT and a Batavia detective with bolt cutters entered the fenced area to the south of the building, giving them access to come up from behind the suspect's position.

A few minutes later, the subject threw his knife toward Bank Street.

Officers then rushed in to take him into custody.

"He made no threats toward us," Heubusch said. "He made no threats toward anybody else in the community that I’m aware of, so the officers, obviously, wanted to make sure that he remained safe and they remained safe. They operated with great restraint and took him into custody without the use of force."

He was transported to an area hospital for a mental health evaluation. The results of the evaluation along with any further information that may develop about the case will have some bearing on whether there are charges, but Heubusch said right now, it looks like a mental health case.

He praised the discipline of the officers for resolving the incident without violence.

"It’s extremely difficult to have an officer have the composure they have to have to ensure nobody gets hurt, including themselves," Heubusch said. "It’s a split-second decision these guys are making when they’re in the field and they’re dealing with people like this. They did a good job."

From 6 to 8 p.m. next Wednesday, Oct. 19, Notre Dame High School will hold its annual Fall Open House for prospective students. Everyone is invited to come “Experience the Difference” of a Notre Dame education.

Teachers will be on hand along with many clubs and sports coaches. The Notre Dame experience is affordable for all, with more than 80 of students receiving financial aid and scholarships.

Notre Dame is a Catholic school with a physically and emotionally safe learning environment welcoming to all. Its Tradition of Excellence continues with a graduation rate of 100 percent for the Class of 2016, earning $4.6 million in scholarships. Please visit to learn more about this small school community with big school possibilities.

Notre Dame is located at 73 Union St. in the City of Batavia. Phone is 343-2783​. Email is:    ​info@ndhsbatavia.com

The Batavia Jr. Blue Devils Boys Basketball Saturday Program will be offered from Nov. 12 to Dec. 17 at John Kennedy School's gym. It is only open to boys in grades one through six who attend school in the Batavia City School District.

The Satruday program is FREE but there will be a fee for league play to cover the cost of uniforms/gym use, etc.

• Grades 3-4 will meet from 9 to 10:30 a.m.
• Grade 5-6 will meet from 10:30 a.m. to noon
• Grades 1-2 will meet from noon to 1 p.m.

The program will focus on the offensive fundamentals of the game including shooting, passing, dribbling, and ball handling, with a major emphasis on shooting. There will be contests with full-court and half-court games.

Participants will have the option to join our youth league from January until early March. Practices will start after Winter Recess and will be held twice per week in the evening. Games are played on the weekends, either on Saturday or Sunday or both.

A parent or guardian must fill out an application that includes: name, address; age; grade; school; phone number; medical concerns; and signature.

If you want yopu child to play on one of the teams that competes in the league, which is for grades 3-6 only and runs January through early March, you will have to choose a jersey size -- Youth S-XL and Adult S-XL, and it is advised that you order a size up as they run small.

Batavia City Schools are not responsible for injury that may happen during the program.

Refer questions to Coach Jim Fazio at (585) 356-0901. Email:     jfazio@gvboces.org

Fazio is the Jr. Blue Devil youth director and he coaches current Blue Devil players.

Is your BFF missing?

Brian Kemp, of the Batavia business T-Shirts Etc., wrote to us about this black and white cutie:

"We found a very friendly dog wandering around on Jackson Street. ... We have it here at our shop. He has no tags on him."

The shop is located at 37 Center St. Phone is 345-1993. 

At 3:37 p.m., we received this email:

The dog has been picked up by his mommy. Thank you so much for your help!

Have a great day!

-Tylin

A Batavia man whose attorney said he just responded to a friend's request for help when he sold her drugs is going to prison for three years for criminal sale of a controlled substance. 

James Soccio, 34, was arrested in June after twice selling drugs to a person acting as an agent for the Local Drug Task Force. He pocketed $120 on the deals.

Attorney Fred Rarick, when arguing for a light sentence for his client before Interim Judge Michael Pietruszka said the transaction apparently came about after an addict, a friend of Soccio's who was recruited for undercover work by the task force, came to Soccio and begged him for help.

A former addict himself, Soccio, Rarick said, was trying to do a friend a favor. It was wrong and poor judgment on his part, Rarick said, but Soccio has been known to help friends in other ways when they ask for it. 

Pierruszka said he received several letters of support from members of the community, including Pastor Marty Macdonald, who portrayed Soccio as a stable member of the community. He has a longtime girlfriend and has worked steadily in Genesee County for several years.

As part of the pre-sentence process, Soccio was evaluated for possible substance abuse treatment himself, but counselors determined Soccio is not himself an addict.  

Since Soccio isn't an addict and wasn't charged with possession of a controlled substance, Pietruszka indicated he viewed him as a drug dealer, hence the three-year prison term.

Rarick sought a probationary sentence.

Pietruszka noted that Soccio, sentenced on a felony conviction more than a decade ago, violated probation terms following his release from prison then, which was another factor, he indicated, in his decision.

Tearfully, turning toward the gallery, Soccio apologized to his friends, family members and Pastor Macdonald, for his mistake and for letting them down.

Yesterday was "Make a Difference Day" for Batavia High School seniors, who volunteered around the community in various projects. 

Places where seniors volunteered included the Batavia Agri-Business Child Development Center, Batavia Peace Garden, Crossroads House, the Genesee County Nursing Home, Genesee County Park & Forest, the Youth Bureau, GO ART!, Habitat for Humanity and the YWCA.

Info and photos from Tom Redband.

On the day his trial was to start this week, a 56-year-old Batavia man accused of menacing a police officer instead entered a guilty plea to one of the two counts against him.

Bill Thomas, of State Street, was arrested in March after an early morning standoff with the Emergency Response Team.

He pled guilty today to criminal possession of a weapon, 3rd, a Class D felony, satisfying both counts returned against him by a grand jury. 

There is no condition on sentencing. The maximum possible penalty is two and a third to seven years in prison.

Sentencing is scheduled for 1:30 p.m., Nov. 15.

He is being held in the Genesee County Jail.

Danielle Riley McMinn, 22, of South Cranberry Boulevard, North Port, Fla., is charged with: DWI; unlawfully fleeing a police officer in a motor vehicle, 3rd; reckless driving, failure to keep right; and moving from lane unsafely. McMinn was stopped by Genesee County Sheriff's deputies shortly after midnight on Oct. 12 on R. Stephen Hawley Drive when she allegedly failed to keep right. She then allegedly fled from deputies in her vehicle, leading deputies on a short pursuit. The pursuit came to an end when McMinn crashed her vehicle at the intersection of R. Stephen Hawley Drive and Bank Street Road in the Town of Batavia. She was subsequently arrested and jailed on $500 cash or $2,000 bond. She is to reappear in Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Jeremy McClellan, assisted by Deputy Andrew Hale.

Benjamin James Marien, 24, of Meadowbrook Terrace, Corfu, is charged with: operating a motor vehicle with a BAC of .08 percent or higher; DWI; speed in excess of 55 mph; and failure to keep right on a two-lane road. On Oct. 12 at 12:54 a.m., Marien was arrested following a traffic stop on Genesee Street in Pembroke. He was issued an appearance ticket for Town of Pembroke Court and is due there on Nov. 8. The case was handled by Genesee County Sheriff's Deputy Eric Meyer.

Matthew R. McQuillen, 33, of 38 Lathrop Ave. in Le Roy, was arrested on Oct. 10 by the Le Roy Police Department and charged with one count of petit larceny, a Class A misdemeanor. It is alleged that at 4 p.m. on Oct. 8 McQuillen stole a DVD from a store located on West Avenue in Le Roy. McQuillen was released on an appearance ticket to appear in Le Roy Town Court on a later date.

Shawn Richard Porter Cuyler, 18, of Vendome Drive, Gates, is charged with unlawful possession of marijuana. At 8:53 a.m. on Oct. 11, the subject was pulled over on the side of the road on Oak Orchard Road in Batavia because his passenger had gotten out to retrieve glasses that fell from the vehicle. The subject allegedly possessed several smoking devices containing marijuana, along with two bottles containing marijuana. He was issued an appearance ticket for Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Christopher Parker, assisted by City of Batavia Police Officer Frank Klimjack.