batavia

The 25-year-old mother who left her twin sons home alone in their State Street home the night of May 20 when a fire broke out taking their lives entered a guilty plea in Batavia Town Court today to a single count of endangering the welfare of a child.

Michael and Micah Gard were left alone while Heather Ace went out to meet with friends and by her own statement later to police took the opportunity to smoke marijuana and drink an alcoholic beverage.

Her mother called her frantically that night to tell her about the fire and Ace rushed home in hysterics, according to reports.

With her guilty plea, Ace faces a sentence of either probation or a year in jail.

Via our news partner WBTA.

Photo submitted by the New York State Police

     Nicholas Price

Nicholas Price, 29, of Batavia, was arrested in connection with a hit-and-run accident that happened Jan. 27 in the Town of Bennington.

According to the original report, around 11:50 a.m. a black Hyundai Accent was traveling eastbound when it went off the road on Route 354 in the Hamlet of Cowlesville. 

The car was said to have struck a mailbox, then a red GMC Sierra pickup truck before coming to rest against a tree. 

The driver is accused of fleeing the scene and driving the Hyundai eastbound with extensive damage to the front end.

On Feb. 17, New York State Troopers responded to a medical call on Halstead Road in the Town of Batavia. While at the scene, troopers say they saw a black Hyundai Accent with front end damage similar to what was reported in the Cowlesville incident. 

Upon further investigation, and evidence collected from the scene, officers say they were able to match the suspect vehicle to the original accident.

Subsequently, Price was charged Feb. 24 with: criminal mischief in the fourth degree;leaving the scene of property damage accident; reckless driving; moving from lane unsafely; and driving across hazard markings.

He is due in the Town of Bennington Court sometime in March.

See related: Police seeking information in hit and run collision in Cowlesville

Bradley J. Broadbent’s criminal activity dates back to July 2012 in Genesee County. 

On Jan. 10, the 37-year-old Batavia man was found guilty on drug charges following a three-day jury trial in Wyoming County Court. 

On Feb. 23, he was sentenced to a determinate sentence of 10 years in prison with one-and-one-half years of post-release supervision on each count of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the third degree, to run concurrently.

On Jan. 14, 2016, Broadbent possessed and sold 13 bags of heroin laced with the horse tranquilizer Xylaxine to a confidential informant in the Village of Perry. 

He was arrested in June on those charges during the Wyoming County Drug Task Force Operation Spring Sweep. 

According to District Attorney Donald O’Geen, prior to his sentencing last week he admitted that he should be sentenced as a second felony drug offender with a prior violent felony conviction. 

In 2012, Broadbent was indicted on three counts of criminal mischief in the fourth degree, criminal trespass, burglary in the second degree, and petit larceny. 

In February last year he was charged with false personation, criminal possession of a controlled substance in the seventh degree, criminal use of drug paraphernalia and possession of hypodermic needles, following a traffic stop on Route 33, Stafford.

In addition to his charges in Wyoming County, he was also arrested in June by the Genesee County Local Drug Enforcement Task Force on charges stemming from an April 24 incident in the Genesee County Jail.

“Heroin is an extremely dangerous drug that is highly addictive,” O’Geen said. “This case demonstrates how dangerous heroin is. To sell heroin, let alone lace it with a horse tranquilizer is reckless.

“On a weekly basis our office sees the devastating effects of heroin on our community. The sentence handed down today sends a clear message that those defendants that deal heroin and prey on people’s addictions will be brought to justice and held accountable.”

See related: Drug dealer found guilty of selling heroin laced with a horse tranquilizer

Audio and visual fire alarms at Batavia Downs have been set off.

The building has been evacuated.

City fire is on scene, investigating.

Town of Batavia fire responding.

A possible pull station was activated. Investigating.

UPDATE: I thought I updated this earlier: False alarm. 

Batavia Downs hosted a bridal show today.

The inventors of MöbileSchlägen hosted a party at Ken's Charcoal Pits & Bar-B-Q to kick off their Kickstarter campaign, aimed at raising $150,000 so they can begin production of their hammer, nail and log game based on a popular game with a German ancestry. 

Photos: Co-owner Marc Johnson demonstrates how to play the game.

The Blue Devils are moving on in the post-season with a Section V playoff win today over Honeoye Falls, 59-49.

Antwan Odom scored 22 points, hitting two threes along the way. Tee Sean Ayala scored 14 points, hitting two three-pointers. Jonathan Liciaga scored 11. John Kindig added six.

For HF-L, Owen VanNewkirk hit 15 points, including a trio of threes.

It was the 400th win for Head Coach Buddy Brasky (submitted photo below).

To purchase prints, click here.

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National retailer JCPenney reported today a continued decline in sales and as a result the intention to close from 130 to 140 stores nationwide.

The list of stores that will be closed has not been released, so we don't know yet if the Batavia location will be on the chopping block.

The Batavia store has survived a previous round of JCPenney's cost-cutting.

According to Reuters, JCPenney continues to struggle in an era of dying shopping malls and increased competition from online retailers.

The store in Batavia is the lone anchor tenant of the long-struggling City Centre Mall in Downtown.

City Manager Jason Molino told WBTA, “We just spoke with JCPenney as early as last week. They did not relay that message to us and they did not tell us that was going to be the case, so as far as we know that is new news or it's nothing that I can confirm.”

The Business After Hours gathering for the Chamber of Commerce yesterday was also a celebration of the arrival of a news director for Business Improvement District.

Beth Kemp moved into the BID office more than a month ago and she and her husband, Brian, co-owners of T-Shirts Etc. and both artists, went right to work redecorating the space, so for many of the people attending the event were seeing the bright and attractive revamped space for the first time.

A person is reportedly pinned under shelving that tipped over at Graham Manufacturing, 20 Florence Ave., Batavia.

City fire and Mercy EMS responding.

UPDATE 9:01 a.m.: The patient was freed and City fire is back on service. No word on injuries, if any.

Edward Jordan White, 21, of Michigan Street, Lockport, is charged with criminal use of drug paraphernalia, 2nd, unlawful possession of marijuana and aggravated unlicensed operation, 2nd. White, who is currently on parole, was stopped by Batavia police officers after being observed driving in the city. During the traffic stop he was allegedly found to have a suspended license and in possession of marijuana and drug paraphernalia. He was jailed on $5,000 cash or $10,000 bond. The Local Drug Task Force assisted in the investigation.

Billy Joe Johnson, 39, of West Main Street, Batavia, is charged with forcible touching. Johnson allegedly forcibly touched the intimate parts of another person while in a store on Veterans Memorial Drive at 9:15 p.m., Feb. 14.

Sergio Antonio Forte, 51, of Myrtle Street, Le Roy, was arrested on a warrant stemming from a charge of unauthorized of a use of a vehicle, 2nd. Forte turned himself in at the Sheriff's Office on the warrant. He was jailed without bail.

After a ceremony honoring the wound care team at UMMC, a patient who had sat quietly at the back of the room spoke up and said, “I want to thank everyone here because if it wasn’t for you, I would have lost my leg. I’m just grateful.”

That was the message of the award, according to Stacey Bancker, a representative of Healogics, the nation’s largest wound care management company, which presented the award.

Of nearly 400 patients treated by the team, 94 percent had their wounds healed, Bancker said. There was a 92 percent patient satisfaction rate and the median number of days to heal was 21.

"We can talk about the numbers, but this really is a patient care ward," Bancker said.

That was a point stressed by Dan Ireland, the hospital's CEO when he spoke to congratulate the team members.

"This isn’t about the metrics," Ireland said. "It isn’t about the numbers. It’s about the real people and the patients. Our mission statement at Rochester Regional Health, United Memorial, starts with preserving health and enhancing the life of patients. There isn’t a better example of where we can do that than in the heal rate we see here and in the care the patients receive."

Bancker said there were 800 wound centers in the nation eligible for the award and only 334 were recognized for outstanding patient care results.

Dr. Mohamed M Ibrahim, a general surgeon before joining the wound care team nearly two and a half years ago, said he was really proud to be part of the team. As a surgeon he had been on the other end of the wound care process, he said, and then he didn't realize how much more there was to know about wound care. 

“I have to say, I’ve learned a lot from our nurses," he said. "Our nurses are very knowledgeable, so I would like to thank everybody on our great team.”

Program Director Lisa Albanese also emphasized the team aspect of the effort and how the numbers are merely a reflection of the team's focus on taking care of patients.

"Even though the numbers are driven by KPIs (key performance indicators), the bottom line is every day we make a difference in the lives or our patients," said. "You guys are dedicated to making that difference and every day we have stories that we share with our administration."

Ireland said he hears those stories.

"I get countless emails, phone calls and letters from patients telling me real stories, stories about how they've been to five or 10 other centers or doctors and they've not been healed," Ireland said. "Then they come here and they are healed."

The patients also always note the compassion of the team, Ireland said. 

"They talk about the personal care they get, that the team cares about them as a person, not just as a person with a wound on their skin," Ireland said.

Photo: Dr. Mohamed M Ibrahim, Michelle Rector, Emily Casacelik Alicia Prusinowski, Holly Siverling, Alissa Gorman, John Wickett, Joseph Canzoneri, and Lisa Albanese.

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Jerald Alfred Shuler III, 23, of Summit Street, Batavia, is charged with unlawful possession of marijuana, unlicensed operator, aggravated unlicensed operator in the third degree, and having a suspended registration. The charges stem from a traffic stop at 6:05 p.m. on Feb. 8 on West Main Street, Batavia, during which it was allegedly determined that the vehicle Shuler was driving had a suspended registration and that his driver's license was also suspended. During the investigation, he was allegedly found to be in possession of marijuana, located inside his vehicle. He was issued appearance tickets for Batavia City Court on Feb. 21. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Mitchell Cowen.

Maurillo C. Osorio, 32, of South Main Street, Batavia, is charged with: DWI; aggravated DWI -- per se with a BAC of .18 percent; unlicensed operator; open container of alcohol in a motor vehicle; and failure to keep right. Osorio was arrested at 1:56 a.m. Feb. 19 on West Main Street in Main Street in Batavia. He was jailed on $2,500 cash bail or bond. He was due in court on Feb. 21. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Eric Bolles.

Summer Lynn Haskins, 23, of Old Creek Road, Alexander, is charged with DWI, operating a motor vehicle with a BAC of .08 percent or higher, and having no or inadequate headlamps. She was arrested at 12:57 a.m. on Feb. 20 on Ellicott Street in Batavia following a traffic stop for an equipment violation. She was issued appearance tickets for March 1 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Matthew Wojtaszczk.

Keith J. McKenzie, 50, of Lewis Avenue, Batavia, is charged with DWI, making an improper right turn, and refusal to take breath test. He was arrested at 6:35 p.m. on West Main Street in Batavia following an investigation into an erratic operation complaint and subsequent traffic stop. He was arraigned then released on his own recognizance. He was due in City Court today (Feb. 22). The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Mitchell Cowen.

Tatiana C. Lugo, 22, of Hutchins Street, Batavia, is charged with third-degree menacing. Lugo was arrested at 8:53 a.m. on Feb. 15 after a domestic incident in which she allegedly threatened to cut the victim's hair off and do bodily harm. She was arraigned then released under supervision of Genesee Justice. She is due in City Court on March 16. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Kevin DeFelice.

William A. Andrews, 37, of Brooklyn Avenue, Batavia, is charged with second-degree criminal contempt and three counts of endangering the welfare of a child. He was arrested at midnight on Feb. 18 following an incident on Brooklyn Avenue. He allegedly violated two orders of protection by being present at the residence. Andrews was jailed without bail and was due in City Court on Feb. 21. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Eric Foels.

Emily A. Andrews, 38, of Brooklyn Avenue, Batavia, is charged with three counts of endangering the welfare of a child. She was arrested at 2:33 a.m. on Feb. 18 as the result of an unspecified incident that allegedly occurred at a residence on Brooklyn Avenue earlier in the evening. She was jailed on $2,000 cash bail or $4,000 bond and was due in City Court Feb. 21. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Peter Flanagan.

Tyler D. Price, 24, of Liberty Street, Batavia, is charged with fourth-degree criminal mischief and second-degree criminal contempt. On Feb. 18 at 3:45 p.m., Batavia police responded to a Liberty Street address for a distrubance call. An investigation found that Price allegedly came to the residence, attempted to enter it and in the process damaged a rear-door window, violating a stay away order of protection. On Feb. 19, he was located on Liberty Street and taken into custody. He is due in City Court on Feb. 28. The case was handled by Batavia Police Officer Arick Perkins.

Brenden Michael Mullen, 31, of Batavia Elba Townline Road, Batavia, is charged with second-degree harassment. Mullen was arrested at 9:18 p.m. on Feb. 17 following an investigation into a domestic incident wherein it is alleged that he sent numerous unwanted and threatening text messages and phone calls. He was arraigned and released and was due in City Court Feb. 21. Mullen was also arraigned on a City Court arrest warrant for failing to appear for two traffic tickets, operating with a suspended vehicle registration and having an uninspected motor vehicle. He was also due in court Feb. 21 to answer those charges. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Arick Perkins.

Vincent A. Sanfratello, 51, of Liberty Street, Batavia, is charged with petit larceny. He was arrested at 8:10 p.m. on Feb. 10 for allegedly stealing a magazine from Southside Deli on Ellicott Street in Batavia. He was issued an appearance ticket for Feb. 21 in City Court. The case was handled by Batavia Police Officer Arick Perkins.

Timothy R. Johnson, 35, of Monroe Street, Silver Creek, was arrested on a bench warrant out of City Court on Feb. 18. It was issued after he failed to appear for sentencing on a conviction for fourth-degree criminal mischief, an incident which occurred on March 3, 2011. Johnson was jailed on $1,000 cash or $2,000 bond and was due in court on Feb. 21. The case was handled by Batavia Police Officer Christopher Lindsay.

Eric MacKenzie Smith, 31, of Iroquois Road, Caledonia, was arrested on a Batavia PD bench warrant for failing to comply with court-ordered treatment and turned over to Officer Jamie Givens at 10:29 a.m. on Feb. 21. He was jailed in lieu of $500 bail and was due in court this afternoon (Feb. 22).

Paris J. MacCrimmon, 24, of Whitney Avenue, Niagara Falls, was arrested on Feb. 20 on a bench warrant issued by Batavia City Court. It was issued after the defendant failed to appear at a scheduled court appearance. MacCrimmon was jailed on $100,000 cash bail or bond and was due in court on Feb. 21. The case was handled by Batavia Police Officer Christopher Lindsay.

Tyrone L. Richardson, 41, of Brooklyn Avenue, Batavia, was arrested on a bench warrant at 7:15 p.m. on Feb. 13. It was issued after he failed to appear for a scheduled court appearance stemming from an incident on Nov. 5, 2015. He was jailed on $1,000 cash bail or $2,000 bond and was due in City Court on Feb. 14. The case was handled by Batavia Police Officer Christopher Lindsay.

Henry L. Banks, 46, of Ross Street, Batavia, was arrested on Feb. 18 on Ross Street on a bench warrant out of City Court for failure to appear on unspecified charges. He was released on his own recognizance and was due in court today (Feb. 22). The case was handled by Batavia Police Officer Nicole Salamone, assisted by Mitchell Cowen.

NYS Justice Center for the Protection of People with Special Needs Special Prosecutor Patricia E. Gunning announced an employee of the NYS School for the Blind in Batavia was arrested Feb. 21 for harassing and endangering three children in his care.

Kenneth L. Darch, 57, of Hutchins Street, Batavia, is charged with three counts of endangering the welfare of a child in the second degree, a Class A misdemeanor, and two counts of harassment in the second degree -- with physical contact, a violation.

The charges stem from an investigation into an incident on July 28 in which the defendant allegedly struck two of the children on an outing to Blondie's Sip-n-Dip, an ice cream/yogurt stand on East Main Street in Batavia, and used abusive language against them. The defendant additionally is alleged to have taunted all three by directing their bus driver to take them to the local jail, with the threat of incarceration.

The NYS School for the Blind is operated by the State Education Department. Darch, a recreation therapist, was arraigned before Judge Robert Balbick of Batavia City Court and is scheduled to reappear in court March 7. Darch has been placed on administrative leave.

“People with special needs should never be intimidated, frightened or harassed by the very people who are responsible for caring for them,” said Special Prosecutor Gunning. “This case came to light because a conscientious employee witnessed the alleged abuse and reported it. We are grateful to those who step up and call out workers who choose to taunt and threaten children instead of doing their jobs, like this defendant is alleged to have done.”

Supervising Assistant Special Prosecutor Jennifer A. Whitman is prosecuting the case. Batavia Police Officer Marc Lawrence handled the case, with assistance from the Justice Center.

Submitted photo and press release:

Batavia resident and International Peace Garden Foundation President Paula Savage, recently returned from Puerto Vallarta, Mexico, where she participated in the dedication of the 2017 International Peace Garden located at the Vallarta Botanical Garden.

Mexico was nominated for the honor because of its substantial contributions to the UN in areas such as peaceful settlement of disputes, struggle against apartheid, promotion of disarmament and halting of climate change. Puerto Vallarta is known to be a leader in Mexico for respecting diversity of cultures and human rights.

Savage said “It was a unanimous decision to select the Vallarta Botanical Garden to convey the message of world peace believing the Botanical Garden of Vallarta is a place of calm, comfort and healing of body, mind and spirit."

Inclusion and unification was the message of the day. During the dedication ceremonies on Feb. 16th several representatives from the interfaith community addressed the audience with wide praise for the mission of the International Peace Garden Foundation.

The new International Peace Garden adorns the slope that rises toward the entrance of the recently constructed Chapel of multiple doctrines. The Chapel is a replica of the well-known Franciscan mission in San Juan Capistrano, Calif. The plants, together with Mexican wildflowers, represent the Mediterranean region of the Holy Land, a geographical region that gave birth to some of the most prolific religions in the world. Bob Price, curator of the Vallarta Botanical Garden “the intention is to cultivate them harmoniously, to create a sanctuary for prayer and meditation without disturbance.”

The International Peace Garden Foundation is a charitable organization established to advance global friendship through the creation of worldwide Peace Gardens. Since 1990 these Peace Gardens span five continents. Residents and visitors to our community have enjoyed the Batavia Peace Garden since it opened in 2011 to celebrate 200 years of friendship with Canada.

The Batavia Peace Garden flies the flags of all the recipient countries and is registered as an Honorary International Peace Garden. There are nine Honorary International Peace Gardens in New York State along the Bicentennial Peace Garden Trail. More information about the Foundation can be obtained by visiting www.ipgf.org.