batavia

Brian Andrew Simpson II, 38, no permanent address, is charged with: promoting prison contraband in the first degree, which is a felony; criminal possession of a controlled substance in the seventh degree; criminal use of drug paraphernalia in the second degree; driving while ability impaired by drugs; unlawful possession of marijuana; and a window tint violation. At 11:04 a.m. on Feb. 12, Simpson was stopped on Ellicott Street in the City of Batavia following the alleged observation of a vehicle and traffic violation. After an investigation, the defendant was allegedly found to be driving while impaired by drugs. After Simpson's arrest, he was processed at the Genesee County Jail and allegedly found to possess drug paraphernalia and a white powdery substance identified as cocaine. Simpson was arraigned in Town of Batavia Court and jailed without bail. In the same incident, his passenger was charged with unlawful possession of marijuana: Walter S. Bennett, 29, no address noted, of Rochester, was issued an appearance ticket for City of Batavia Court. The case was investigated by Deputy Ryan DeLong, assisted by Deputy Lonnie Nati, and other members of the Genesee County Sheriff's Office, including Corrections officers.

Paul G. Avery, 41, of Indian Falls Road, Pembroke, is charged with: driving while intoxicated; aggravated DWI wwith a BAC of .18 percent or more; throwing trash on a highway; driving left of pavement marking; and failure to keep right on a highway with four lanes or more. Avery was arrested at 9:21 p.m. Feb. 23 on West Main Street Road in Batavia following a traffic stop. Avery is due in Batavia Town Court on March 21. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Dpeuty Lewis Henning.

Nathan S. Bowes, of Buffalo Street Road, Alexander, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; and moving from lane unsafely. He was arrested at 6:41 p.m. on Feb. 23 following the investigation of a motor-vehicle accident in the Town of Alexander. He was released on an appearance ticket and is due in Alexander Town Court on March 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Travis DeMuth.

Joseph Dimitri Rivera, 36, of Cole Avenue, Gates, is charged with unlawful possession of marijuana. Rivera was arrested on the charge at 4:30 p.m. Feb. 24 on Lake Avenue in Bergen following a traffic stop. He is due in Bergen Town Court on March 13. The case was handled by Genesee County Sheriff's Deputy James Stack.

Kelly Anne Vanbortle, 32, of Parkwood Lane, Hilton, is charged with unlawful possession of marijuana. It is alleged that she possessed a quantity of marijuana and a glass smoking pipe with burnt marijuana residue following a traffic stop at 5:14 p.m. Feb. 23 on Clinton Street Road, Bergen. She was issued an appearance ticket and is due in Bergen Town Court on March 13. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Phillip P. Heale, 40, of Linwood Avenue, Batavia, is charged with aggravated unlicensed operation in the second degree and inadequate or no stop lamps. Heale was arrested at 3:54 p.m. on Feb. 17 on Cedar Street in Batavia after he was allegedly observed driving a vehicle and he has a suspended driver's license. Additionally, he was ticketed regarding the stop lamps. He was arraigned in Batavia City Court and is due to return there at a later date. The  case was handled by Batavia Police Officer Stephen Quider.

Michael E. Weichman, 24, of Pratt Road, Batavia, is charged with petit larceny and criminal possession of a hypodermic instrument. Weichman was arrested at 12:30 p.m. on Feb. 23 at Tops Market in Batavia after he allegedly attempted to leave the store with a cart full of items which he did not pay for. He was also allegedly found in possession of a hypodermic instrument at the time of his arrest. He is due in Batavia City Court on Tuesday, Feb. 26. The case was handled by Batavia Police Officer Mitchell Cowen.

Brittany L. Bolton, 18, of Cedar Street, Batavia, is charged with petit larceny. She was charged after a complaint of a larceny of a gold chain from a vehicle. The defendant turned herself in at Batavia Police Department headquarters and was processed. She was issued an appearance ticket for Batavia City Court and is due there Tuesday, Feb. 26. The case was handled by Batavia Police Officer Darryle Streeter.

Taking a break from posting. Will update as warranted if something major happens. Try to stay inside and stay safe!

(The list of updates was made "unsticky" and is back in the lineup in accordance with its original time stamp of 2:30-ish this afternoon. Scroll down to find it.)

Due to dangerous winds, Chassix-Automotive LLC, located at 4320 Federal Drive in Batavia, will be closed for the third shift this evening at 10:30 p.m. (Feb. 24) and will reopen Monday for the first shift at 6:30 a.m. (Feb. 25).

A reader sent this photo of wind-caused damage at City Centre. Some bricks fell from the top ledge and a light fixture's glass got broken. The business is located at 46 City Centre.

Unknown wires are down in the roadway at Colby Road and Genesee Street. Corfu Fire Department is responding.

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A tree is down on wires, which are smoking, at 2679 Galloway Road, Batavia. East Pembroke Fire Department is responding. National Grid has been informed.

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UPDATE 2:38 p.m.: A broken tree branch is pulling wires from a house at 3104 Dodgeson Road, Alexander. Lines are in the roadway. The location is between Beaver and Seward roads. Alexander Fire Department is called.

UPDATE 2:42 p.m.: City of Batavia Fire Department is called for a tree and wires down at 66 Franklin St. between Davis Avenue and the dead end.

UPDATE 2:56 p.m.: A tree and wires are down, completely blocking the roadway, at 7116 Tripp Road, Byron. Byron and South Byron fire departments are called. National Grid crews are no longer on scene (after responding earlier when seven poles toppled into a field).

UPDATE 2:58 p.m.: A tree and wires are down at 2623 Brown Road, Corfu. The location is between Wilkinson Road and Ridge Road. East Pembroke Fire Department is responding.

UPDATE 3:02 p.m.: A tree and wires are down at 3650 Batavia Oakfield Townline Road. Town of Batavia Fire Department is called to respond.

UPDATE 3:07 p.m.: A fire alarm is sounding at city Public Works Department, 147 Walnut St. A power failure has occurred and the "supervisory alarm" has been tripped. City Fire Department is responding.

UPDATE 3:15 p.m.: A tree is down in the roadway at 2879 Batavia Oakfield Townline Road. Town of Batavia Fire Department is called.

UPDATE 3:52 p.m.:  A tractor-trailer has tipped over on Bank Street Road at Cockram Road. Byron and South Byron fire departments are called to respond along with Mercy medics.

UPDATE 3:53 p.m.: A tree is down and wires are on fire at 10498 W. Bethany Road. Alexander Fire Department is responding.

UPDATE 3:57 p.m.: A tree and primary wires and secondary wires are down at 3073 Pearl Street Road, Batavia. East Pembroke Fire Department is called. The location is between Upton and Wortendyke roads.

UPDATE 4:08 p.m.: Wires are down on a house and arcing at 8885 Keeney Road in Le Roy. The home is being evacuated. Le Roy Fire Department is responding. The location is between West Main Street and Quinlan Road.

UPDATE 4:11 p.m.: A celler pump detail is requested at a house at 7509 Mechanic St. in Byron. The power is out there. Byron and South Byron fire departments are called.

UPDATE 4:53 p.m.: Power lines are down in the road and in water on Powers Road, Batavia. East Pembroke Fire Department is called.

UPDATE 4:58 p.m.: Town of Batavia Fire Department is called to 3658 Batavia Elba Townline Road for wires down in the roadway.

UPDATE 5:56 p.m.: A tree and wires are down at 8151 Kelsey Road, Batavia. East Pembroke is called to respond.

UPDATE 5:58 p.m.: A tree is down across the front steps of a residence at 7041 N. Pearl Street Road, Oakfield. Oakfield Fire Department is responding.

UPDATE 6:07 p.m.: East Pembroke command requests mutual aid from Town of Batavia fire to shut down traffic at Kelsey and Galloway roads because of multiple trees and wires down in the roadway.

A reader sent us photos just taken in Batavia showing the apparent readiness of utility crews staged by businesses, ready to deploy as needed due to the  high wind warning in effect today and tomorrow.

In addition to these staging areas photographed in Batavia, there are about a dozen vehicles in the KMart parking lot and 15 or so in the lot at BJs Warehouse Plaza; and there may be other staging areas in Batavia as well.

"Seems like a high degree of readiness," a reader commented.

Above, at the Quality Inn & Suites.

Staging area by Target and Quality Inn & Suites.

More utility vehicles in Batavia Towne Center parking lot.

Tonight Downtown Batavia was buzzing with the smiling faces of participants of the first winter craft beer walk.

Based off of the success of summer's Beertavia, orchestrated by Downtown Batavia’s Business Improvement District, a winter version of the popular event was created.

The FeBREWary Brew Walk appeared successful by an informal survey of attendees and some of the 20 business owners that were open and hosting the craft breweries and cideries.  

Pictures above and directly below from The Yngodess Shop.

Photo below, Charles Men’s Shop

Below, Pollyanna and Dot

Last two photos from Tavern 2.0.1 inside GO ART!

      Darius L. Jones        Lynda Harris

The Genesee County Local Drug Enforcement Task Force announced the arrest of three people on Friday morning on Hutchins Street in the City of Batavia.

Arrested were:

• Darius AKA "D" L. Jones, 27, of Dewey Avenue, Rochester, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and criminal possession of a controlled substance, 7th, a Class A misdemeanor;
• Lynda Harris, 59, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance in the third degree, a Class B felony, and unlawful possession of marijuana, a violation;
• and Jenna M. Morrill, 25, of Hutchins Street, Batavia, who is charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor.

On Feb. 22, the Drug Task Force and the Batavia Emergency Response Team executed a search warrant at a residence on Hutchins Street. Subsequently, Jones was allegedly found in possession of a quantity of fentanyl, crack cocaine and U.S. currency. Harris was allegedly found in possession of a quantity of crack cocaine and marijuana. Morrill was allegedly found to possess a quantity of crack cocaine and she was issued an appearance ticket.

Jones and Harris were arraigned in Batavia City Court. Then Jones was put in Genesee County Jail with no bail and Harris was released under supervision of Genesee Justice.

The Drug Task Force is comprised of police officers from the Genesee County Sheriff's Office, Batavia Police Department and the Le Roy Village Police Department. It investigates the possession, transportation and sale of narcotics locally.

Members were assisted by Batavia police officers, the Batavia Emergency Response Team and the Genesee County District Attorney's Office.

A power line is down in the roadway at 9131 Creek Road. The location is between Dorman and Lehigh roads. Town of Batavia Fire Department is responding.

UPDATE 12:13 p.m.: City of Batavia Fire Department is called for mutual aid to the incident.

After 31 years in the fitness business, owning and operating gyms in Staten Island and Batavia, Ken Mistler says it's time for him to retire for that line of work.

He's sold the building that has been home to Next Level Fitness for 10 years at 85 Main St., Batavia, and the gym will close Feb. 27.

Mistler said he's reached an agreement to sell the massive three-story, 20,000-square-foot building (which includes a 6,800-square-foot basement) to a local investor. He can't disclose who the buyer is or what the buyer plans to do with the building but the new owner will not operate a gym at that location.

"I'm not sure what they're going to do," Mistler said. "I'm not sure if they're going to use the whole building for themselves or cut the building, subdivide the building."

Mistler started in the gym business in Staten Island and then opened Powerhouse Gym on East Main Street in 1997. He still owns that building and all the equipment currently at Next Level. He would like to see somebody open a gym using the existing equipment at the Powerhouse location or see another locally owned gym use this as an opportunity to grow.

"I'm trying to encourage a local small gym in the area to go into that facility so," Mister said, "they will have more options. My customers have said they're looking for options. They're coming to me the last couple of days and asking what else can we do? What do we have available? They're looking for smaller facilities because they aren't a fan of the larger places and they want to keep it local."

Mistler said the closure of Next Level isn't the result of a chain competitor opening in town. He could have competed with a chain if he had wished to make the changes necessary but he didn't want to make those changes after 31 years running gyms, and the real estate offer was attractive and worth taking at this time.

Mister, who owns several downtown properties, and is owner and operator of Ken's Charcoal Pits on Main Street and the local movie theater, Batavia Showtime, said he's grateful for the years of community support for his gym businesses.

"The support has been unbelievable," Mistler said. "If I had to do it over again I would. That's how good the community has been to that facility, especially since I started Next Level, but 31 years in the business is enough."

Senior point guard Ryann Stefaniak, playing in the final home game of her stellar career at Batavia High School, came out shooting tonight and she didn’t stop until she scored 35 points – including eight three-point baskets – in her Lady Devils’ 78-43 victory over Livonia in a Section 5 Class B1 girls’ basketball second-round contest.

“I knew it was my last home game and I came out with so much energy,” Stefaniak said. “I worked with my shooting coach, Billy Truitt, before the game and I felt like I was going to be on.”

She certainly was “on” – scoring nine points in the first quarter with a pair of three-pointers and exploding for 14 points in the second quarter as top-seeded Batavia turned an 18-12 advantage into a 44-22 halftime lead.

Stefaniak had four three-point baskets in the closing three minutes of the half to help Batavia, now 18-2, blow the game open. She added two more three-pointers in the third quarter as the Lady Devils maintained their 22-point cushion.

Sophomore point guard Mackenzie Reigle put forth another fine all-around effort, scoring 13 points on a variety of drives and spin moves while coming up with six steals. Sophomore guard Bryn Wormley sank a trio of three-point shots and finished with 10 points.

Junior forward Emma Krolczyk added seven points and senior guard Jenae Colkey had four. Senior center Meghan Houseknecht and sophomore guard Tess Barone scored two apiece.

For eighth-seeded Livonia, 13-8, junior forward Sydney Lockwood tallied 21 points – eight in the final quarter as the teams traded baskets. Junior forward Vanessa Galbraith had nine and junior guard Sara Shellenbarger added seven.

Batavia Coach Marty Hein stated that he was impressed with his team’s offensive prowess, but said his defense need to tighten things up.

“The defense wasn’t as sound as I wanted it to be,” he said. “We allowed too many open shots and drives, especially against number 12 (Lockwood). And we had three girls in foul trouble (Krolczyk, Reigle and Stefaniak).”

Still, top-seeded Batavia moves on to the next round where it will face No. 4 Palmyra-Macedon in the second game of a doubleheader Monday night at Caledonia-Mumford.

Pal-Mac, 15-5, defeated visiting Notre Dame of Batavia, 50-43, tonight.

The first game of Monday’s twin bill has No. 2 Midlakes facing No. 3 Greece Odyssey, with a 6 p.m. starting time.

The BHS vs. Pal-Mac game is expected to tip off around 7:45.

Press release:

Kayleigh Marie Perez, 29, of Cone Street, Batavia, is charged with two counts of fourth-degree grand larceny, a Class E felony. She was arrested on Feb. 21 for two crimes. In the first incident, she allegedly stole a debit card from Walmart at 7:49 p.m.. on Jan. 13 and used it at several locations. Perez was released on an appearance ticket returnable to Batavia Town Court on March 7. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Mathew Clor. In the second incident, she allegedly stole a credit card from a resident who lives on Main Street in Oakfield. She was also released on an appearance ticket for that and is due in Oakfield Town Court on March 11. The Oakfield case was handled by Deputy James Stack, assisted by Deputy Minuto.

Jeremy Ryan Eaton, 41, of Ellicott Street, Batavia, is a registered Level 2 sex offender who is on parole and is accused of failure to register a change with authorities as specified in NYS Correction Law 168-F, Section 4 (Must register within 10 days any change of residence, employment, Internet account access provider, enrollment or attendance at any institution of higher education.) Eaton was being held in GC jail on a parole violation at the time of his arrest on Feb. 4. Following his arraignment in Batavia City Court, he was put back in jail with no bail. He is due in city court again at 11 a.m. on March 21. The case was handled by Batavia Police Det. Eric Hill.

Christian Dean Boyce, 55, of Watson Road, Elba, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; unlicensed driver; operating a motor vehicle out of class; and unregistered motor vehicle. At about 8:30 a.m. on Feb. 9, Boyce was arrested following a traffic stop on North Byron Road in Elba. It is alleged that the defendant had an arrest warrant and a bench warrant out of Town of Elba Court and that he was operating a tractor-trailer without a license. Boyce was recognized by Genesee County Sheriff's Deputy Jeremy McClellan, who initiated the traffic stop. Boyce was arraigned in Town of Batavia Court and put in jail in lieu of $500 cash bail. He was due in Town of Elba Court on Feb. 20 to answer the charges. Deputy McClellan was assisted in the case by Deputy Christopher Erion.

Jill M. Turner, 36, of Burke Drive, Batavia, is charged with dog running at large. It is alleged that she allowed her dog to run at large onto her neighbor's property on Burke Drive at 5:19  p.m. on Feb. 17. Turner is issued an appearance ticket and is due in Batavia City Court on March 5. The case was handled by Batavia Police Officer Frank Klimjack, assisted by Officer James Sheflin.

      Richard Hanes

At an evidence hearing today in the murder case proceedings against Richard D. Hanes, his defense attorney argued that Judge Charles Zambito should not allow his client's mobile phone and its content to be presented to a jury if the case goes to trial.

Hanes, 36, is accused of beating to death Raymond Morgan on July 24 at 111 Liberty St. Batavia.

According to court testimony today by Det. Thad Mart, Hanes showed up at the Batavia PD headquarters and presented himself to police for questioning without being summoned there. At the time, he wasn't a suspect and police had yet to obtain DNA, fingerprints or palm prints that linked him to the case.

The interview with Hanes was videotaped and that evidence was also submitted to the court today (though not played in court).

Mart said on the stand that Hanes does not confess to the murder during the interview nor did he implicate himself while at the police station.

It was during the interview at Batavia PD that parole officers who supervised Hanes showed up and the officers took his mobile phone, apparently, in connection with an alleged parole violation. The parole officers then turned the phone over to a Batavia PD patrol officer.

Defense attorney Fred Rarick argued that if the phone was linked to an actual parole violation, parole officers would have kept it as evidence in that case and would not have turned it over to a police officer.

Rarick argued that the police didn't have probable cause to seize the phone and that parole taking the phone and giving it to police is an attempt to circumvent the need for a warrant.

"There is no probable cause because we don't know why he was arrested on a parole violation," Rarick said. "If there was something on his phone relative to his parole, they would have retained possession of that phone."

District Attorney Lawrenece Friedman said there is no evidence that parole and police communicated about the phone prior to the police obtaining it, that there is no evidence of any agreement for the officers to work togther to obtain the phone.

"It's all very speculative," Friedman said. He added later, "It really doesn't matter why a parole officer took the phone because they were not acting as an agent for the police."

He compared it to a private citizen obtaining the phone, walking out with it and then deciding to hand it over to police.

Outside of court Friedman said he couldn't discuss the significance of the phone to the case.

There is reportedly DNA evidence that links Hanes to the crime scene and investigators have said they believe the murder was premeditated.

Zambito said he will reserve his decision on the admissibility of the phone until a later date. Hanes is scheduled for another court appearance at 2:45 p.m., March 13.

From the City of Batavia Police Department.

The missing adult reported by the Batavia Police Department, Jessica Deridder, was located in Greece. Jessica was located unharmed and is OK. The missing person alert has been rescinded.

The Batavia Police Department would like to thank everyone for their assistance.

Press release:

The Genesee County Economic Development Center is pleased by the announcement today that Ryan Homes has officially broken ground on its new residential project in Oakwood Hills in Batavia.

Ryan Homes broke ground on the first of 56 new homes which vary in size ranging from 1,483 square feet to 2,190 square feet. Affordably priced and located conveniently to all Genesee County has to offer, these new sites will sell quickly.

The Oakwood Hills project will provide single-tenant living along with homes containing up to five bedrooms, two and a half bathrooms, and a basement. All of the homes are designed with an open floor plan that places an emphasis on allowing natural light to come into the homes. The homes will be affordably priced from the $190's.

“The growth happening within Batavia is undeniable, so it is extremely satisfying for us to be a part of fostering that growth by building more housing options for both residents and newcomers alike,” said Shawn Benzer, Regional Sales and Marketing manager of Ryan Homes.

The Oakwood Hills development is located within a community experiencing significant business activity. Food and beverage manufacturing companies have invested nearly $500 million into the Genesee Valley Agri-Business Park, and the next phases of development at the 1,250-acre WNY STAMP campus and Batavia’s Downtown Revitalization Initiative are catalyzing future growth.

“More people will be moving to Batavia and Genesee County as new opportunities and businesses open up, which means we need more housing options,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center.

“Batavia is filled with so many incredible people and providing both current and future residents with beautiful places to call home is a strong asset in our continued economic growth.”

The new construction by Ryan Homes also supports Genesee County’s Smart Growth development plan and the need identified in county’s 2018 market analysis for new single-family homes. The analysis projects a housing demand for more than 1,100 new single-family homes by 2040 in a mid-range growth scenario for Genesee County.

“As we recently learned from our housing needs assessment, the rise of new businesses and attractions locating in Genesee County over the next 20 years will lead to a rapidly growing demand for new housing options,” said Felipe Oltramari, director of the Genesee County Planning Department.

“Targeted new home construction in Batavia helps meet our housing needs as our county continues to grow, and supports Genesee County’s Smart Growth development plan.”

Ryan Homes encourages interested prospective tenants to join a VIP list at RyanHomes.com to be the first to get information on the community and exclusive access to VIP-only offers like special pricing and incentives for the early birds.

For more information regarding the houses, visit oakwoodhills.co. or click here.