batavia

These are the latest indictments issued by the Genesee County Grand Jury.

James T. Saddler III is indicted on a charge of second-degree assault, a Class D violent felony. It is alleged that on Nov. 21 in the City of Batavia, with intent to cause physical injury to another person, he caused such injury by means of a dangerous instrument -- scalding water.

Ronnie R. Simpson is indicted on a charge of aggravated driving while ability impaired by drugs, a Class E felony. It is alleged that on March 29 in the Town of Byron Simpson drove a 2001 Chevrolet on Route 262 while his ability to do so was impaired by drugs and while a child age 15 or less was a passenger.

Kassandra R. Funk is indicted on a change of drving while intoxicated, a Class E felony. It is alleged that on May 6 in the Town of Bergen Funk drove a 2006 Pontiac on North Bergen Road while in an intoxicated condition. In count two, she is accused of aggravated drving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .18 or more at the time.

Press release:

August 29, 2014, Batavia, NY.  On August 28th the City of Batavia Police Department joined by the Genesee County Drug Task Force (The Genesee Drug Task Force is comprised of personnel from Batavia PD, Le Roy PD and the Genesee County Sheriff’s Office), Genesee County Sheriff’s Office and Genesee County Probation participated in the fourth neighborhood enforcement detail this summer. The purpose of these details is to systematically approach known problem areas within the City and target criminal activity.

In total 10 law enforcement personnel from four different agencies were partnered in a focused enforcement details in seven separate locations. NET patrols included State Street, Washington Avenue, Jackson Street, Liberty Street, Swan Street and Sumner Avenue, Central Avenue, Pringle Avenue, Harvester Avenue and Clifton Avenue. The following are results of this year’s fourth detail:

• 52 data runs
• 12 vehicle/traffic stops
• 2 Traffic tickets issued
• 4 Penal Law Arrests
   -- Brasky, Alex P., age 23, unlawful possession of marijuana
   -- Blake, Ian J., age 27, unlawful possession of marijuana
   -- Scheuerlein, Jacob M., age 18, unlawful possession of marijuana
   -- McWethy, Randy S., age 44, criminal possession of hypodermic instrument
• 16 probation checks
• 1 probation violation

Neighborhood Enforcement Team (NET) details were outlined in the City’s Strategic Plan as part of the City’s Neighborhood Revitalization efforts. They include dedicated patrols for targeted enforcement with the goal of intercepting and interrupting the flow of illegal drugs, weapons and other contraband as well as locating and arresting wanted persons. All agencies involved expect to continue joint law enforcement efforts in the future. These details are not advertised prior to taking place and locations are selected based on criminal data, the presence of nuisance and illegal behavior and ongoing investigations. 

If you see criminal activity or know about a crime that has occurred please contact the Batavia Police Department at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Police are asking the public to help identify a motorcyclist involved in a hit-and-run accident at about 5 p.m. Aug. 19 on East Main Street in front of Key Bank in Batavia.

The motorcycle hit a bicyclist.

The bicyclist was not seriously injured in the accident.

The motorcycle operator did stop and check on the bicyclist's condition, but then left the scene without providing name, address, license information and plate number.

The operator is described as a white male in his early 40s with a "salt and pepper" beard.

The motorcycle is described as a "cruiser (meaning not a street bike)." It was red and may have sustained damage on the right side of the handlebar and possibly to the front master cylinder.

Anyone with information is asked to call Officer James DeFreze at (585) 345-6350.

Jeremy Dean Lyons, 29, of South Pearl Street, Oakfield, is charged with criminal possession of stolen property, 3rd. Lyons was allegedly found in possession of more than $3,000 worth of copper wiring that was stolen from several buses parked at a business in Oakfield. Lyons was jailed on $50,000 bail.

William H. Kelly III, 44, Robert Kelly, 43, and Michael Correia, 58, all of Syracuse, are charged with criminal possession of stolen property, 3rd. The three men were arrested by the Wayne County Sheriff's Office for allegedly stealing more than $3,000 worth of brass fittings, electrical wire, tools, and plumbing and construction materials from a location in Batavia. They were arrested following a traffic stop in Huron and held without bail. (Source: 13WHAM).

Roger James Farney III, 31, of Clayton Street, Buffalo, is charged with criminal contempt, 1st. Farney was located by law enforcement at this former residence on Pearl Street Road, Batavia, allegedly in violation of an order of protection out of Family Court. 

Four Canadians -- Sarah C. Glassford, 22, of Acton, Ontario, David L. Jones, 22, of Walkerton, Ontario, Hayley M. Halls, 23, of Acton, Ontario, and Nicole P. Spurrell, 22, of Acton, Ontario -- are all charged with trespass. They were arrested by State Police in connection with a reported trespass at a location in Darien at 11:45 p.m. Aug. 16. No further details released.

A 16-year-old Batavia resident is charged with criminal mischief. She was arrested by State Police in the Town of Barre in connection with an incident reported at 6:55 p.m. on Monday. No further details released.

A BBQ grill out of control is reported at 106 North St. in the city. It's close to a garage. City fire is responding.

UPDATE 9:40 p.m.: Command reports the fire is within city code. The city assignment is back in service.

The Independent Living Center hosted its first Taste of Independence festival in Jackson Square last night.

Several local restaurants and bakeries served food at the fundraiser, which included a basket raffle.

Participating were: D&R Depot, Rack Shack, Terry Hills, T.F. Browns, Swy's Catering, Big Pauly's, Sweet Ecstasy Bakery, Bistro & Banquets, Coffee Culture Cafe & Eatery, and Tops Friendly Markets. Mueller Quaker also provided yogurt, Subway provided cookies and Wendy's provided beverages.

Above, Rae Frank and Greg Bruggman drew tickets for the raffle.

Photos by Amanda Earl.

Jeremy Franklin and Gillian Cleveland.

Yvette Lucas, Community Events Outreach coordinator.  

Donna Becker of Independent Living enters tickets for the basket raffle.

Don Bouchard.

Free basic school supplies are being distributed this afternoon only, until 6 p.m., at La Mexicana in the Valu Plaza. Owners of the little Mexican market helped organize the giveaway along with The KinderArt Klub of Batavia and Batavia resident Jill Hart, an agent of RealtyUSA.

The store is located at 4125 W. Main St. in the City of Batavia.

Photos by Howard Owens.

A former taco wagon from Los Angeles is now a Southern BBQ truck in WNY.

The transformation was made by Cregg Paul, owner of Center Street Smoke House, who bought the truck from a seller in Fayetteville, NC, and drove the truck to Batavia.

It was exciting to see an authentic taco wagon on Center Street for a couple of weeks, but carne asada wasn't in Paul's plans. He's sticking to what he does best: brisket, ribs and pulled pork.

The truck is available for catered happenings and Paul plans on using it at festivals and other public events.

Press release:

Congressman Chris Collins (R-NY-27) visited Graham Corporation in Batavia to see firsthand the skilled jobs and business that the production of Navy aircraft carriers brings to the region. Graham Corporation builds and supplies main condensers and air ejectors for Navy aircraft carriers.

Graham Corporation is part of a vital defense industrial base consisting of more than 2,000 small, mid-sized, and large businesses from 43 states that provides parts and services for Navy aircraft carriers.

During his tour, Congressman Collins met with the employees at Graham Corporation to discuss the unique skills they contribute to the industrial base that supplies parts to the Navy aircraft carrier program.

“It was an honor meeting the employees at Graham and learning about their vital work constructing components for our Navy’s aircraft carriers,” Congressman Collins said. “Local businesses like Graham are essential to maintaining economic growth and good-paying job opportunities here in Western New York, while ensuring our nation’s national security. It was great to see firsthand how the skilled work happening here in Batavia contributes to our Navy’s strength around the world.”

“Building new carriers every five years and undertaking maintenance on a regular schedule preserves the fleet at its required operational level of 11 carriers and keeps the industrial base sustainable and strong. Today we got the opportunity to talk with Congressman Collins about why it is so critical to our local jobs and businesses and our national security,” said Ken Salphine, manager of Marine & Nuclear Products at Graham Corporation.

Forrest Ansel III, 24, of East Main Street, Batavia, is charged with assault, 2nd. Ansel is accused of punching a relative several times, causing physical injury. The alleged victim is over 65 and more than 10 years older than Ansel. Ansel was arraigned and released under supervision of Genesee Justice.

Paul C. Ferraro, 19, of South Pearl Street, Oakfield, is charged with grand larceny, 3rd. Ferraro is accused of stealing more than $3,000 over a two-month period while employed at Save-A-Lot. Ferraro was jailed without bail.

Thomas A. Webb, 54, of Syracuse, is charged with criminal possession of a forged instrument, 2nd. Webb was arrested after a bank employee called about two people in the bank trying to cash forged checks. Webb was apprehended at the scene, but the other person fled before police arrived. Police recovered the checks and the IDs of both suspects. The investigation indicates at least one other person may be involved. That person appears to have supplied the forged checks to the suspects and similar checks that were cashed at another bank branch in the City of Batavia. Le Roy PD and Batavia PD are working together in an ongoing investigation.

Timothy J. Lewis, 20, of Ellicott Street Road, Pavilion, is charged with harassment, 2nd. Lewis is accused of hitting a family member and a friend while in the parking lot of Oliver's Candies at 3:30 a.m., Wednesday.

Katherine S. Thomas, 41, of Ross Street, Batavia, is charged with disorderly conduct. Thomas is accused of intentionally breaking a glass mug on the sidewalk in front of her residence, causing a physically offensive and hazardous condition.

A pedestrian has reportedly been hit by a car in the parking lot of Coffee Culture, off Court Street.

City fire and Mercy EMS responding.

UPDATE 8:19 a.m.: The patient is being transported to UMMC. Bumps and bruises and right shoulder pain. The car was traveling at low speed.

The Batavia Bulldawgs and the Batavia Blue Devils met in a scrimmage this evening at Van Detta Stadium.

Who won?

Who cares. The Mini-Division (8-9 years old) Bulldawgs were clearly thrilled to be on Woodward Field and get a pre-game pep talk in the Blue Devils' locker room from Batavia Head Coach Brennan Briggs.

Briggs told his team that he heard the Bulldawgs defense hadn't given up a score yet this season, so the Blue Devils offense might have a tough time of it.

In the first series, the Bulldawgs stopped running back Dominick Mogavero behind the line of scrimmage and sacked QB Greg Mruczek.

On the first play, the Blue Devils linemen didn't block. Rather they grabbed each of the Bulldawgs in front of them and lifted them in the air over their heads. Above, offensive lineman Gunner Rapone lifts an obviously thrilled Nathaniel Heusinger.

When I left the County Courthouse this afternoon, I spotted a family fishing below the falls of the Tonawanda Creek. Above, Zachary Albright, 11, of Albion, gets ready to recast his lure into the creek.

If you've noticed some fire hydrants bagged with "not in service" messages in the city, Fire Chief Jim Maxwell said it's not something local residents need to be overly concerned about.

"Hydrants are spaced not to exceed a maximum of 500 feet," Maxwell said. "This allows for a fire hydrant to be readily accessible in either direction in the event of an emergency."

Currently, of the 746 hydrants in the city, seven are currently out of service.

Maxwell explained that hydrants are mechanical devices, which means they are subject to breakdowns.

Firefighters regularly test hydrants to ensure they are working properly. If they're not working, the bags being used help firefighters quickly identify an out-of-service hydrant during an emergency so they can quickly locate another one to use.

Of the seven hydrants out of service, one has been out of service since 2011, one since 2012, three since 2013, and two were taken out of service this year.

Out-of-service hydrants need to be replaced with new equipment. Each hydrant costs $2,200.

City workers, from the Bureau of Water and Wastewater, do the replacement work on a time-available basis.

The hydrants could be replaced more quickly if a contractor was hired, Maxwell said, but that drives the cost up to $7,500 per hydrant.

Waiting for available time for city workers to do the work will save taxpayers about $37,100 to replace the current out-of-service hydrants, Maxwell said.

A Batavia police officer testified today that there was an extended effort to locate Dashawn Butler after a warrant was issued for his arrest in October 2013.

Butler's defense attorney asked questions and got answers that could suggest the police didn't do all they could.

Today's hearing was on a motion by attorney Tom Burns to have the felony charges against his client thrown out on "speedy trial" grounds.

Every defendant has a Constitutional right to a speedy trial. The clock starts ticking if the police are doing all in their power to locate the suspect. If they are making every effort, then the clock for a speedy trial starts at the time of arrest, rather than when the warrant was issued.

The warrant for Butler was issued in October, but he wasn't located and arrested until June.

Butler is charged with criminal use of a firearm, 2nd, a Class C violent felony, criminal possession of a weapon, 2nd, a Class C violent felony, and attempted assault, 1st, also a Class C violent felony.  He's also accused of firing a weapon at another person Sept. 27 on State Street.

Sgt. Dan Coffey said that after the warrant was issued, police officers checked at least six possible addresses for Butler and looking for Butler was a frequent topic of shift-change meetings.

On cross-examination, Coffey said he had never personally been to the address where Butler was eventually located, though he said BPD had that address under observation for some time. He said he had not contacted State Police to see if troopers had any idea about Butler's whereabouts, and he did not seek utility records in an attempt to track down an address for Butler. He said he did contact Social Services to see if that agency had an address for Butler, but DSS did not.  

BPD also monitored a social media account reportedly belonging to Butler.

Coffey also provided a series of e-mail exchanges as possible evidence of BPD's efforts to locate Butler.

Burns objected to introducing the e-mails as evidence under the hearsay rules.  

Friedman argued that in a hearing such as this, the hearsay rules didn't apply, but even if they did, the e-mails weren't hearsay because they weren't being used as proof of the crimes charged.

Burns cited two prior rulings that found such e-mails were hearsay and that the prosecution has an obligation to call as witnesses the other police officers involved in the exchange.

Judge Robert C. Noonan said he has never read those cases before, so he called for an adjournment to read the cases and consider Burns' motion.

Whether the hearing will continue at a later date will depend on how Noonan rules on the motion.

Butler remains free on bail. There is no trial date set yet.

Gina Lee Colangelo, 22, of Main Street, Caledonia, is charged with unlawful possession of marijuana and failure to keep right. Colangelo was allegedly the driver in an accident where her vehicle failed to remain in its own lane. Colangelo's vehicle was reportedly westbound on West Main Road, Le Roy, at 9:07 p.m. June 17 when it collided with a vehicle in the eastbound lane. In the course of the accident investigation, Deputy Joseph Graff allegedly found marijauna in Colangelo's vehicle.

Eric Joseph Smith, 29, of Gilbert Street, Le Roy, is charged with petit larceny. Smith is accused of stealing $107 in merchandise from Walmart.

A 16-year-old resident of Parsells Avenue, Rochester, is charged with petit larceny. The youth is accused of shoplifting from Walmart.

Jason Franklin, head meteorologist with the National Weather Service in Buffalo, spoke today at the Batavia Rotary Club meeting. He shared information about the technology the NWS uses to help it measure weather and forecast what might be coming.  

Asked how the Weather Channel gets its forecast compared to the NWS, Franklin said, "We work in partnership with them, provide a lot of information to them, like other media, and they provide us information. We work together because our primary mission is to make sure you're safe. To make sure that the companies are getting the information that they need in order for them to do the best that they can. We're all in this together."

Out of jail and out of work, Jacquetta Simmons, the young woman who punched an employee at Walmart on Christmas Eve 2011, is seeking a modification to the restitution order levied against her.

Her victim, Grace Suozzi, is entitled to reimbursement on $2,000 in medical expenses, Judge Robert C. Noonan has said. Simmons has been ordered to make monthly payments of $100.

According to statements made by Noonan from the bench today, Simmons is seeking a suspension of restitution payments.

While Simmons appeared in County Court today, she did so without her attorney.

She had written Noonan asking for the hearing, but her attorney, Earl Key, wasn't notified of today's court appearance in time for him to be in Genesee County Court.

Noonan rescheduled the appearance for Sept. 10.

Asked if she was looking for work, Simmons told Noonan she has applied for jobs.

Noonan told her that when she appears Sept. 10, she should have prepared an affidavit on her financial standing and outlining steps she's taken to find work.

For previous coverage of Jacquetta Simmons by The Batavian, click here.

Tomorrow, Aug. 26, the city Bureau of Maintenance will be doing a sewer repair at Frankin Street  and Davis Avenue, just east of Williams Park. Motorists can expect traffic to be reduced to a single lane at times.

For questions call, the bureau at 345-6400, ext. #1.

The rear apartment at 103 Bank St. was evacuated due to natural gas in the residence with ill effects. The caller was National Fuel. Medics are on scene.