Skip to main content

batavia

Council will meet Monday to consider replacement for Engine 14

By Howard B. Owens

Engine 14 is out of service.

The 1989 Pierce Pumper was decommissioned last month and needs to be replaced, according to City of Batavia Fire Chief Jim Maxwell.

Maxwell prepared a memo for the city council to consider with options for replacing the pumper and explaining that the 23-year-old engine has proven increasingly unreliable.

"The unit since my arrival has been undependable when placed into service and has broken down during operations at two significant incidents," Maxwell wrote. "As we neared the end of 2011, it became evident that Engine 14 was not going to last until we took delivery of a new engine."

The city has been preparing for the retirement of Engine 14 and over the past four years has been able to set aside fire equipment reserves of $360,000.

The council will be asked Monday to decide whether to buy a new engine, buy a demonstration unit or buy a used piece of equipment.

City staff is recommending the city try to buy a demonstration unit.

Maxwell, in his memo, presented the pros and cons of each option.

For example, a new unit would be much more expensive, but could be outfitted exactly to city specifications and would come with a warranty.

With a used unit, you never know if you're buying somebody else's problems. There's no warranty. It would have a short life expectancy and would be outfitted to another department's specifications, but would be the least expensive option.

The demo unit is the middle ground -- less expensive than new, might need some equipment changes, but would still be under warranty and would likely be in service longer than used equipment.

When Engine 14 was inspected by Churchville Fire Equipment, inspectors found 51 deficiencies with the truck. Most of them could be fixed at a cost of $15,000 but the engine would still not meet National Fire Protection Association standards.

Until a replacement engine is purchase, the city is using a loaner from the City of Rochester Fire Department.

The department has two other trucks -- Ladder 15 and Engine 12, which go out on almost all city calls. Engine 14 was used for multiple-alarm fires, or when one of the other engines was being repaired or going through preventive maintenance, or when the city's Fast Team was called to the scene of a fire elsewhere in Genesee County.

Alleged fugitive from Texas waives extradition

By Howard B. Owens

A man accused of violating probation in Taxes and captured in Batavia On Tuesday appeared in Genesee County Court Friday morning and waived his right to extradition proceedings.

Terry W. Strickland, 30, of 110 Lake Park, Waxahachie, Texas, is allegedly wanted in Dallas County for a probation violation stemming from a conviction for assault with a deadly weapon. Strickland could have insisted the governor of Texas produce a warrant for his arrest and challenge any evidence of the charges' validity.

Tuesday, Batavia police officers responded to a report of a domestic incident at a residence on Dewey Avenue and, after identifying Strickland, discovered the warrant.

UMMC announces plans for urgent care in Batavia

By Howard B. Owens

Press release:

United Memorial Medical Center is pleased to announce that plans are under way to provide Urgent Care Services at the Jerome Center in Batavia.

“This continues United Memorial’s efforts to increase access to necessary health care services to residents of Genesee County,” said Mark Schoell, president and CEO.

United Memorial currently operates an Urgent Care Center on Tountas Avenue in Le Roy which opened in July 2010. Visits to United Memorial’s Urgent Care Center in Le Roy have grown from an estimated 3,500 to more than 6,000 annually. Analyzing patient demographics based on zip codes indicate that a great deal of that growth is from the Batavia area.

Urgent Care services are a cost effective and convenient way for patients to receive quality medical care when their primary care physician is unavailable and they do not want to spend time waiting in an emergency room to be treated for a non-life-threatening injury or illness. Co-payments for urgent care are typically less than emergency room co-pays.

UMMC’s Urgent Care Center in Batavia, like the center in Le Roy, will be well equipped to treat a variety of ailments, including: sprains and fractures; cuts and lacerations; animal and insect bites and stings; cold and influenza symptoms; ear infections; pneumonia; bronchitis; urinary tract infections; asthma; sore throats/strep and mono; and influenza vaccines.

Urgent Care at the Jerome Center will be supported by United Memorial’s state-of-the-art medical imaging services, the most advanced in Genesee County. The Jerome Center is conveniently located in the heart of Downtown Batavia at 16 Bank St. It offers handicap accessibility, convenient parking, a gift shop and refreshment kiosk.

An opening date will be announced soon and is expected to occur in early spring.

Photos: My Brother's Garage at the YWCA

By Howard B. Owens

Members of the Batavia Kiwanis Club stopped into "My Brother's Garage" after their weekly meeting Thursday. "My Brother's Garage" is a new secondhand store in the YWCA on North Street, where the Kiwanis meet each week. It's patterned after the long-standing and popular "My Sister's Closet" secondhand story at the Y.

Law and Order: Alleged shoplifter accused of giving deputy false ID

By Howard B. Owens

Andrei Peter Sliker, 20, of 220 W. Main St., Batavia, is charged with petit larceny and criminal impersonation. Sliker is accused of stealing $10.75 in merchandise from Kmart on Tuesday. When approached by Kmart security, Sliker allegedly fled. When Deputy Chad Minuto located Sliker at his apartment, Sliker allegedly claimed to be another person in order to avoid being taken into custody. Sliker was jailed on $500 bail.

Dexter Lee Turner, 20, Start Street, Medina, is charged with petit larceny. Turner was arrested by Medina PD on a warrant out of Town of Batavia after Turner allegedly failed to appear to answer to a petit larceny charge.

Accident with injuries reported on East Avenue near Clinton Street

By Howard B. Owens

A motor-vehicle accident with injuries has been reported in the area of 266 East Ave., Batavia.

City fire and Mercy EMS responding.

Traffic is blocked.

UPDATE 9:30 a.m.: Mercy EMS: "There's four patients here. So far, only one being transported." The injury is minor.

UPDATE 9:32 a.m.: Both vehicles will need flatbed tows.


View Larger Map

Bypassing The Electoral College in Favor of a National Popular Vote System Benefits Our Communities

By Daniel Jones

We in the GLOW region (Genesee, Livingston, Orleans and Wyoming counties) might be in the State of New York, but really, we’re in a vast stretch of territory that extends across the country known as ‘the heartland’.  Although what constitutes this part of the country is very loose, it usually extends from the Rocky Mountains to the uppermidwest and into Central New York and Pennsylvania.  While we share a state and upstate/downstate fairness and cooperation is important to the smooth operation of state government for all of it’s citizens, one could argue that the voters in places like Batavia, LeRoy,Oakfield and even Buffalo and Rochester and it's suburbs have much more in common with people in places like Butler, Pennsylvania (where I volunteered for then Senator Obama’s Presidential campaign in 2008) and the area around Cleveland, Ohio (where I have visited many times) than mid-town Manhattan.  I think that lumping us all together for the purpose of counting electoral votes is absurd given our vast differences with them and commonalities with other locations.

Yet, despite having similar populations, Presidential campaigns spend well into the millions of dollars to win over crucial enclaves in Northeastern Ohio and Western Pennslyvania while completely ignoring our region.  The reason for this?  The Electoral College, a ridiculous and antiquated system put into place hundreds of years ago that has now outgrown it’s purpose, the nation is now spread out in terms of regional balance, and the constant attention paid to swing states over non-swing states does a disservice to the voters in those non-swing states and the smaller swing states.  Here’s an excellent and jaw dropping example, in the State of New Hampshire, which has 4 electoral votes, the Obama and McCain campaign spent roughly 15 million dollars to contest the state while in New York, which had 33 electoral votes, they both spent less than 500 thousand dollars.  If a state with less than ten percent of the total electoral votes of another has campaign expenditures well exceeding 500% of the larger state isn’t ridiculous, I’m not sure what is.

This damages the critical notion that Presidential elections give the President a mandate to govern the entire country.  One could easily argue that the President really only has a mandate from the states of Ohio, Pennslyvania and Florida, since winning 2 out of those 3 states is seen as being absolutely essential to winning for a nominee of either party, while the votes of tens of millions of people from places like Batavia across the country aren’t really that relevant.

The best known example of the failure of our electoral college system in the modern era is Al Gore defeating George W. Bush in the popular vote but losing the electoral college, which makes this argument seem like it is a partisan one for the Democrats…..but several near misses and arguments should give Republicans pause about the current system.  George W. Bush almost lost his re-election, despite winning a majority (over 50%) of the popular vote because of around 250,000 votes in the state of Ohio that were left to be counted as the day after the election began.  Also, Republicans in a state like New York, really have no real reason to vote in the Presidential election despite to express their own individual feelings because in reality, their vote does not count for much.  The same holds true for Democrats in a state like Texas.  Why should they bother with the system as is?  Barring Nelson Rockefeller and Lyndon Johnson returning from the grave, the Democrats are going to win New York and the Republicans are going to win Texas, neither are swing states nor will they be for the foreseeable future.

The answer is bypassing the electoral college.  It may have been necessary hundreds of years ago but damages the basic principal of 'one-man, one-vote' that defines a democratic-republic (lower case) today.  The prevalence of swing states makes repeal almost impossible, so another solution is at hand.  The National Popular Vote bill has been introduced in state legislatures across the country.  Instead of a constitutional amendment, this bill assigns the electoral votes of each state to the winner of the national popular vote total, but only kicks in when states composing the majority of the electoral college (270 electoral votes) have enacted the bill as law.  It has been introduced in New York and has pervasively stalled in the State Legislature.

Tom Golisano, the Paychex CEO, former Buffalo Sabres owner and Western New York philanthropist has taken over the organization and is renewing it’s push in the State Legislature.  Having worked there myself for the only Democrat to vote against Sheldon Silver, former Assemblyman and now City of Buffalo Comptroller Mark Schroeder, I know that a reform package can only pass in Albany if it’s given a strong shove by the voters.  Calling your state legislators frequently and in a large volume with others makes does actually make a difference, I have seen it happen.  Had it not been for voter fury I personally think that State government probably would have had a shutdown last year and Governor Cuomo would not have been able to pass a state budget on time this year.

We need to unleash that passion again, this time on our state legislators to tell them that the National Popular Vote bill needs to be passed to guarantee the basic principal of ‘one man, one vote’ and make sure that all of our votes for President, regardless of party, are actually meaningful.

Missing Batavia teen located in Cleveland

By Howard B. Owens

A 13-year-old Batavia boy who was reported missing earlier this week was located today in Cleveland.

A family member reportedly tipped police that Michael's non-custodial mother might be at a hospital in Cleveland seeking treatment, according to Det. Pat Corona, and the teen was located at the hospital.

The father of the teen is driving to Cleveland to pick up his son.

Corona said the teen, Michael Smith, is safe.

Smith reportedly failed to return from a visit with his non-custodial mother at a local hotel. The pair were spotted Monday morning boarding a bus in Buffalo.

Pedestiran hit by car on West Saile Drive, minor injury reported

By Howard B. Owens

A pedestrian has reportedly been hit by a car on West Saile Drive in the area of the State Police Barracks.

The patient is reportedly up and walking around, complaining of side pain.

Town of Batavia Fire Department and Mercy EMS responding.

Batavia Downs releases statement supporting Cuomo's call for more gaming at casinos

By Howard B. Owens

Press release:

We are pleased and applaud the governor’s support for a constitutional amendment concerning casino gaming during his State of the State address. This will have a significant positive economic affect on Western New York, specifically the 15 counties and two cities, which include Buffalo and Rochester that own Batavia Downs Casino.

With New York facing ongoing fiscal challenges as the economy continues to sputter, now is the time to permit enhanced gaming at the state’s racetrack casinos so that we can reclaim the billions of dollars in revenue – along with spending on travel, lodging, meals and other related economic activity — that flow out of our state every year.

Many thousands of New Yorkers already visit the state’s racetrack casinos, including Batavia Downs Casino. The tracks, which are licensed by the state, have over the past decade created thousands of jobs and provided billions of dollars to the state and local governments for education, agriculture and horse breeding.

Since 2005, Batavia Downs Casino and Western Regional Off-Track Betting have given more than $107 million to New York State Education through the lottery. More than $71 million has been distributed to Western Regional's member counties and cities, helping lower property taxes and contribute to community improvements.

Batavia Downs Casino and Racetrack employs more than 250 people year round. That number increases to more than 300 when racing is in session from July through December.

But the racetrack casinos lack a vital element to keep gaming enthusiasts in our state: live table games. As a result, many are choosing to travel to venues in other jurisdictions, where they leave behind an estimated $3-5 billion and spend hundreds of millions more on hotels, restaurants, entertainment, shopping and travel expenses.

The racetrack casinos have united to form the New York Gaming Association, which will work in partnership with the governor and the legislature on the multi-year process to approve the state constitutional amendment to permit live table games at our facilities.

By enhancing our existing venues with table games, we will attract clientele that now goes out of state and consequently create thousands of additional jobs and generate more revenues to provide even greater support for education, agriculture and horseracing and breeding.

Enhancing existing racetrack casinos to include table games is a good deal for New York, and not simply because of the increased revenues. Association members have already proven to be outstanding and dependable partners with the state, operating with oversight by both the State Division of Lottery and the Racing and Wagering Board. In fact, some have suggested that ours is one of the most successful public-private partnerships in the state, if not the entire country.

There is another reason why enhancing the racetrack casinos makes so much sense for New York: We are not asking for any taxpayer dollars at all. On the contrary, association members, including Batavia Downs Casino are prepared to invest hundreds of millions to upgrade our venues.

Batavia Downs Casino already had an expansion plan in place that will look to break ground this year. By the time the amendment is passed, the facility will be ready to start on an $85-95 million project beginning in 2014. This will include a convention center and expanded gaming, including table games. That means more visitors to our area, helping retail, hotels and restaurant owners along the way. It also means increased revenue to the state, and most importantly, new jobs. The impact of all these would be seen rapidly.

At a time when budgets are tight and taxpayers are rightfully skeptical about untested ideas that promise economic benefits, allowing the enhancement of existing, successful racetrack casinos to include table games is a good bet for all New Yorkers.

Batavia Downs in owned and operated by Western Regional Off-Track Betting, a public benefit corporation. Municipalities that own Batavia Downs Casino include: City of Buffalo, Cattaraugus County, Cayuga County, Chautauqua County, Erie County, Genesee County, Livingston County, Monroe County, Niagara County, Orleans County, Oswego County, City of Rochester, Schuyler County, Seneca County, Steuben County, Wayne County, and Wyoming County.

The track is also home to Batavia Downs Casino, featuring more than 600 video slot machines. Batavia Downs Casino is located less than one mile from Thruway Exit 48 and is open daily from 9 to 4 a.m.

Report: Cyberbullying at local high schools

By Howard B. Owens

A reader I know and trust to be truthful on sharing something like this, put together the image above and sent it to me. He said it's a collection of Facebook status updates from people being bullied and their tormentors. All of the teenagers involved, he said, are students at Batavia High School. He said knowledge of an increase of cyberbullying against some students at BHS is common knowledge among the students.

One point I want to add: Cyberbullying is a crime.

It can be charged as harassment in the second degree, which is a Class B misdemeanor. Cyberbullies should be reported either by victims or their parents to police. Witnesses can also report crimes, but in most cases it will take a victim who cooperates with the investigation to proceed with criminal charges.

UPDATE 12:34 p.m.:  I received an e-mail from somebody familiar with the situation and said students from mulitple Genesee County high schools are involved and one of the targets is not a student of BHS.  Any confusion on the school involvement is the result of my own misunderstanding of the original e-mail I received.

He sent along the following op-ed with the image.

In the age of social media and increasing technology, every day people see things on the news about cyberbullying and harrassment and many don't realize the seriousness of what is being done. Sometimes they don't think it's happening to anyone they know. Sometimes they don't think its happening to anyone near them. Sometimes people don't realize how serious it can be until it's too late.

Recently, many students in Genesee County school districts have had their Facebook news feeds, filled with cyberbullying of a few students, and the issue is only getting bigger and more widespread. But only a few are standing up for the victims, while more and more join in to bully, and many of the victims, are sitting back without knowing what to do.

"Like this stuff was bad. Worries me... :/" stated one student's Facebook comment. It "turns your stomache. Doesnt matter what someones done noone deserves that to be said," said another when responding about the nature of the cyberbullying posts.

In the most recent and student popularized bullying case (photo collage), there is one student being bullied, and upwards of 30+ cyberbullies making comments directly or indirectly toward her, while hundreds of students have 'Liked' status updates supporting the bullying acts.

According to the nonprofit website www.stopcyberbullying.com:

'Cyberbullying' is when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another child, preteen or teen using the Internet, interactive and digital technologies or mobile phones. It has to have a minor on both sides, or at least have been instigated by a minor against another minor. Once adults become involved, it is plain and simple cyberharassment or cyberstalking.

Cyberbullying can be done for many reasons. Many times, it's done by someone with insecurities, hoping to boost their social standing. Other times, the power-hungry do it looking to boost their ego. There is also the bullying done as revenge, out of anger, and sometimes students are cyberbullying without even intentionally trying to.

While many students, usually believe their words are harmless, what they say can many times lead to a higher level of misdemeanor cyberharassment charges.

There are two kinds of cyberbullying, direct attacks (messages sent to your kids directly) and cyberbullying by proxy (using others to help cyberbully the victim, either with or without the accomplice's knowledge).

Not only does cyberbullying, include harassment that could bring upon legal issues, but many times, it also turns into defamation. Defamation, which is also known as slander, is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual a negative image. Many times students often take it to the extent of defamation by making up rumors or doing whatever else it takes to make the bullied look as bad as possible.

Parents need to be the one trusted person kids can go when things go wrong online and offline. Yet they often are the ones kids avoid when things go wrong online. Why? Parents tend to overreact. Most children will avoid telling their parents about a cyberbullying incident fearing they will only make things worse.

Parents also need to understand that a child is just as likely to be a cyberbully as a victim of cyberbullying and often go back and forth between the two roles during one incident. They may not even realize that they are seen as a cyberbully.

The message is simple. Don't write it. Don't send it. For more info on cyberbullying and how to prevent it, visit http://www.stopcyberbullying.org/.

A 2010 Attica graduate, Jesse Kern, that is currently serving in the Army, publicly defended one of the most recent victims on his Facebook page and posted this video and commented: "People just don't get it."

Law and Order: Alleged fugitive from Texas identified in Batavia

By Howard B. Owens

Terry W. Strickland, 30, of 110 Lake Park, Waxahachie, Texas, is being held without bail as a fugitive from justice. Strickland is allegedly wanted in Texas on a charge of aggravated assault with a deadly weapon. Strickland was located in Batavia at a residence on Dewey Avenue by officers Chris Camp and Kevin DeFelice during the investigation into an alleged domestic incident. Strickland is reportedly wanted by the Dallas County Sheriff's Office and is being held in the county jail pending extradition proceedings.

A 17-year-old resident of Bank Street, Batavia, is charged with petit larceny. The youth is accused of shoplifting from Walmart at 7:35 p.m., Monday.

Men accused of burglary on Maple Street waive rights to pre-trial hearings

By Howard B. Owens

Two men accused of burglarizing a Maple Street apartment while the resident sits in jail appeared in Batavia City Court on Tuesday and waived their right for a pre-trial hearing.

The waiver means the case will be sent to the grand jury for possible indictment, but also paves the way for a possible plea deal and one of the suspects indicated in court that he is expecting a possible plea bargain.

Both Eric P. Doleman, 41, no permanent address, and Frederick H. Robidoux Jr., 49, no permanent address. are charged with burglary, 2nd.

Doleman, top photo, was also charged Tuesday with criminal mischief, 3rd, and petit larceny.

Doleman is accused of breaking a window on a 2010 Kia on Dec. 13 parked at Tops Market and stealing a laptop computer.

Robidoux is also charged with aggravated unlicensed operation of a motor vehicle.

The duo was stopped on Walnut Street early in the morning Dec. 29 after a Maple Street resident reported seeing the men carrying items from an apartment at 10 Maple St., Batavia.

The resident of the apartment, Edward R. Freida, is being held in Genesee County jail without bail on drug and weapon charges.

When Doleman's case was called, after he was charged with the Dec. 13 car break-in, Judge Robert Balbick asked Doleman if he agreed to waive a pre-trial hearing. Doleman appeared confused and said he thought the two cases would be combined as part of a plea deal. He kept turning his head toward the back of the room where District Attorney Lawrence Friedman was standing.

After the hearing, Friedman said he couldn't comment on whether or not a plea deal is in the works.

Both Doleman and Robidoux are being held in Genesee County Jail without bail.

Police warn of bail money scam

By Howard B. Owens

If somebody contacts you claiming to be a relative in another country and in trouble with the law, local police are warning: use caution.

Today, according to police, a Batavia resident received just such a call and went to Tops Market with the intention to wire a significant amount of money to this "relative" in Lima, Peru (or claiming to be in Lima, Peru).

Alert employees at Tops were aware of the scam and suggested the resident contact Batavia PD.

A police investigation revealed the actual relative was safe and not in police custody.

The Batavia PD is encouraging residents to be wary of anyone requesting bail money via a Western Union wire transfer.

Police looking for information on whereabouts of missing teen

By Howard B. Owens

Police are looking for a 13-year-old who disappeared and may be traveling with his non-custodial mother after she passed through Batavia to visit with him.

Michael Smith was last seen with his mother at 8 a.m., Monday, boarding a bus in Buffalo.

His non-custodial mother is Anna M. Spencer, aka, Anna M. Smith, 49, who has no permanant address and is known to travel from place to place.

Michael Smith was reported missing after not returning from a visit with his mother at a hotel on Oak Street.

Anyone who has information or has seen either of these two individuals is asked to call Genesee County Dispatch at 585-345-6350 and ask for a City of Batavia Police Supervisor.

Small RV fire reported on South Main Street

By Howard B. Owens

City of Batavia responded to a small fire in an RV this morning at 86 S. Main St., Batavia.

The RV was parked near a structure, but was put out quickly.

Ladder 15 and Engine 12 were back in service by 7:45 a.m.

Law and Order: Driver accused of using phone while driving drunk

By Howard B. Owens

Kathryn Hughes Whipple, 34, of North Main Street, Lyndonville, is charged with DWI, driving with a BAC of .18 or greater, moving from lane unsafely, failure to keep right and unlawful use of a mobile phone. Whipple was stopped at 1:50 a.m., Saturday, on Lewiston Road in Oakfield by Deputy Jason Saile.

William C. Leyden, 30, of 23 Parkhurst Drive, Hudson, N.H., is charged with criminal possession of a controlled substance, 7th. Leyden was allegedly found in possession of cocaine while at 3 Ross St., Batavia. NYS Parole assisted in the investigation. Leyden was jailed on $1,000 bail.

Jeremiah Thomas Altrogge, 28, of Cedar Street, Akron, was arrested on a bench warrant. The warrant was issued out of Alabama Town Court. Altrogge allegedly failed to pay a fine on an incident in August 2011. Altrogge was jailed on $1,000 bail.

James John Bachorski, 43, of Webber Avenue, Oakfield, is charged with unlawful possession of marijuana. Bachorski was allegedly found to be in possession of a marijuana pipe during an investigation into an alleged domestic dispute on Batavia Oakfield Townline Road. Bachorski's vehicle was stopped on South Pearl Street, Oakfield.

Daihnath Grady Geiogamah, 36, of Route 438, Irving, is charged with disorderly conduct. Geiogamah is accused of being involved in a domestic incident at 11:10 p.m., Saturday, at a location on Route 63, Town of Batavia, in which she allegedly threatened to fight family members and Sheriff's deputies. Geiogamah was jailed on $500 bail.

Rollover accident reported on Route 98, north of West Saile Drive

By Howard B. Owens

A car has rolled over on Route 98 just north of West Saile Drive.

The driver is believed to be out of the car.

Town of Batavia Fire Department and Mercy EMS responding.

UPDATE 9 a.m.: Vehicle is on its side in the front yard of the residence. Driver out walking around, not injured. A responder warns caution for others approaching the scene, "98 is just a sheet of ice from Elba all the way to the city."

UPDATE 9:23 a.m.: Female driver being transported to UMMC for evaluation.

UPDATE 9:40 a.m.: Deputies still on scene discussed the traffic situation. Cars and trucks were struggling to get up a hill on Route 98. State DOT salted the road about five minutes prior. The scene is now clear.

Driver who reportedly went into Tonawanda Creek charged with DWI

By Howard B. Owens

A 21-year-old driver who reportedly slammed his van through a guard rail and into the Tonawanda Creek off Walnut Street early Sunday morning has been charged with DWI.

Zachary D. Leitten, of 9351 Shepard Road, Batavia, was transported to UMMC after the accident and treated for injuries.

Beside facing a DWI charge, Leitten was cited for alleged speed not reasonable and prudent, moving from lane unsafely and driving on a sidewalk.

Officer Jason Ivison investigated the accident.

Car slams through fence on Walnut Street and lands in Tonawanda Creek

By Howard B. Owens

A 21-year-old man was able to get himself out of his van early this morning after he drove it through a barrier on Walnut Street and into the Tonawanda Creek.

A witness said the van appeared to have crashed through the barrier at a high rate of speed and a police source said he may have been drinking.

No official police report is available this morning.

The accident occurred shortly after 5:30 a.m. at the turn of Walnut Street into South Main.

Cassandra Costner, who lives with her husband and children right at the intersection, said her family was sleeping when they heard a large boom. She looked out the window and saw the barrier down and called 9-1-1.

When she came outside, she said she and her husband were surprised by what they found.

"We saw the car in the creek and were like, 'Oh, wow, crazy,'" she said.

Costner said the driver came up the bank of the creek saying, "I'm OK. I'm OK. It's not as bad as it looks."

The driver was reportedly transported to UMMC by Mercy EMS, but no information has been released on his injuries, if any.

While at least one witness said he saw somebody running from the scene, Costner said she didn't see anybody at the scene other than the driver.

The van went through a wooden, reinforced barrier, a chain-link fence, over a boulder and down about 10 feet of embankment before landing in the water.

"We've lived here six years and never seen a car go in the creek," Costner said. "It's just crazy that somebody was going that fast, but people go flying down this road. It's gotten better since they put in the roundabout, but people just haul ass down this road."

Authentically Local