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Superintendent says school dealt promptly with complaint about knife on campus

By Howard B. Owens

The district superintendent for BOCES says a student complaint about an instructor with an unauthorized pocketknife on campus was taken seriously and dealt with promptly after the student contacted The Batavian to complain about what she perceived as an inadequate response.

Kevin MacDonald said as soon as the Batavia principal was contacted by the student the situation was dealt with and that the instructor involved felt "horrible" about the mistake. The pocketknife is something she normally carries with her off campus and forgot it was clipped on the pocket of her utility pants, making it clearly visible to students.

The student who contacted The Batavian said she was concerned the issue hadn't been dealt with and MacDonald suggested the student wasn't aware of what went on after she spoke with a principal.

While sharp objects -- knives, saws, scissors, and other items -- are part of the instructional environment on the Batavia CTE campus, neither students nor faculty are allowed to bring knives onto campus.

The parents of three students who expressed concern about the knife were contacted by phone by school officials, MacDonald said.

"I'm confident our staff handled the situation very well," MacDonald said.

Here is a statement from District Superintendent Kevin MacDonald:

On Wednesday, March 20, a student who attends the Batavia Career and Technical Education Center, reported that an instructor was carrying a knife that was visible to students.

Administration was notified of the report and the student’s concerns. A conversation was had with the instructor who was carrying a knife. She immediately removed the knife from the building. She apologized noting that it was an honest mistake. Administration met with the student who reported the incident. Parents were notified of the situation that occurred.

The Genesee Valley Educational Partnership has a board policy that states that weapons are not allowed on campuses, however, the policy does note that tools and other equipment, like knives and scissors, are allowed as long as the implement is part of the approved career and technical education program. The welfare of our students is of utmost importance and we take reports like this seriously.

Law and Order: Darien man accused of striking person upside the head with an open hand

By Billie Owens

Lee George Ezzell, 64, of Genesee Street, Darien, is charged with second-degree harassment. At 10 a.m. on March 17 on Genesee Street in Darien, Ezzell was arrested. It is alleged that with intent to annoy, harass, or alarm a person, he used an open hand to strike that person in the back of the head. Ezzell was issued an appearance ticket for April 2 in Darien Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen

Joey Aaron Evans, 28, of State Street, Batavia, is charged with petit larceny. At 4:03 p.m. on March 16, Evans was arrested after he allegedly stole two Dyson V6 vacuums from Walmart. He was arraigned then released on his own recognizance. He is due in Batavia Town Court on April 9. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Michael Lute.

Mary Ellen Bruton, 63, of Gilman Road, Churchville, is charged with: driving while intoxicated; DWI with a BAC of .08 percent or higher; and having a vehicle stopped, standing or parked on a highway. She was arrested at 10:32 p.m. on March 17 on Park Road in Batavia following a traffic stop. She was issued an appearance ticket and is due in Batavia Town Court on April 11. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jeremy McClellan.

Justin T. Gladney, 29, of North Spruce Street, Batavia, was arrested on March 13 at 11:37 a.m. on Hutchins Street in Batavia on three separate warrants issued by Batavia City Court. One was a bench warrant for failure to appear. The second was an arrest warrant for failure to appear on an appearance ticket. These were in connection to two petit larceny charges. The third warrant was for first-degree falsifying business records and criminal impersonation in the second degree -- for allegedly giving a false name to the police and while being fingerprinted at the GC Jail. Gladney was put in jail with bail set at $2,500 cash or bond on the first two warrants and bail of $15,000 cash or bond for the new charges that garnered the third warrant. The case was handled by Batavia Police Officer Jason Davis, assisted by Sgt. Daniel Coffey.

Pablo Abdiel Cintron Guzman, 18, of Central Avenue, Batavia, is charged with unlawful possession of marijuana. He was arrested at 4:54 p.m. March 17 on Park Road in Batavia following a traffic stop. He is due in Town of Batavia Court on April 4. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Hale.

VIdeo: St. Patrick's Day in Batavia, 2019

By Howard B. Owens
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Photo: Eagle in the Agri-Business Park

By Howard B. Owens

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Frank Capuano took this picture of an eagle he spotted this morning feasting on a carcass in the Genesee Valley Agri-Business Park.

City conducting household survey to support grant application for home improvements

By Billie Owens

Press release:

The City of Batavia is “All In” to revitalize our city through economic development and housing programs that will raise our standard of living and make our community one of the most attractive places, to live, work, and play.

The City is considering applying for Federal grant assistance to help income eligible owner-occupied single-family homeowners with essential home improvements.

Sometimes the smallest things we can do for our neighborhoods can have the biggest impact. Home improvements are a catalyst for changing the look and feel of a neighborhood and improving residents’ quality of life.

Here in Batavia, Summit Street is a perfect example of a street coming back to life with vibrancy and is now a model for other transformations across our City. When one resident makes improvements to their home, others follow.

Grant funds would enable homeowners to make home repairs with grant and deferred-loan funding. Any single-family homeowner is encouraged to apply.

If you own a single-family home in need of repairs please download the survey from the City’s “Useful Links” tab on the City’s homepage at www.batavianewyork.com. Click on Residential Rehabilitation Survey or pick up a survey in the City Manager’s office at City Hall.

Surveys will also be available at the Richmond Memorial Library (19 Ross St.) the week of March 18th.

The City’s goals include the following:

1.        Create a viable urban community with decent housing.

2.        Ensure a suitable living environment for all (safe, sanitary and habitable dwellings).

3.        Expanding economic opportunities for all including persons of low to moderate income.

4.        Rehabilitate the City knowing that it starts with one building at a time.

The City of Batavia is requesting your full cooperation to help us obtain housing rehabilitation grant funding. Please complete and mail in or drop off the surveys to the City Manager’s Office, One Batavia City Centre, Batavia, New York, 14020.

Woman knocks out windows with shovel and flees

By Howard B. Owens

A caller reports that a woman showed up at a residence on Williams Street in Batavia and knocked the windows out with a shovel.

She then left in a dark-colored Ford pickup truck.

Police are searching the area.

Woman reports strange man conked out on her sofa

By Billie Owens

Law enforcement is responding to the Clinton Crossing Apartments on Clinton Street Road in Batavia after a woman called dispatch to report "a male subject is laying on her couch -- unknown who it is."

UPDATE 8:52 a.m.: The male, described as white with blond hair and a blond beard and wearing a "black hood" left the apartment and was walking toward Route 33 (Clinton Street Road). Law enforcement is now out with him.

Batavia man admits to sexual abuse involving woman unable to give consent

By Howard B. Owens
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      Adam Brokaw

A 43-year-old Batavia resident admitted in Genesee Count Court this week to one count of sexual abuse, 1st, for a sexual act involving a woman deemed to be incapable of giving consent.

Adam Brokaw, of Northern Boulevard, faces up to 10 years on probation and six months in jail following the guilty plea.

Sentencing is scheduled for 2:30 p.m., April 26.

Brokaw, at the time of his arrest in July, was a corrections officer at the Albion Correctional Facility.

Investigators said at the time that the incident took place at 2 a.m., Nov. 11, 2017 after a party at his residence.

Law and Order: Pair of Batavia residents suspected of selling drugs in Village of Attica

By Billie Owens

Kendra Kenyon, 22, (pictured left) and Dominic Beck, 23, (pictured below right) both of Batavia, no addresses noted, were among 12 people arrested recently by the Wyoming County Drug Task Force and accused of selling and/or manufacturing drugs throughout Wyoming County over the past year or so. Kenyon and Beck were the only defendants from Genesee County arrested in the sweep.

On March 13, Kenyon was charged with criminal sale of a controlled substance in the fourth degree and conspiracy in the fourth degree. 

It is alleged that Kenyon and Beck agreed to sell suboxone to an individual in the Village of Attica on Feb. 8. Both allegedly travelled to Attica with the intentions of selling the drug to another subject at which time they were arrested by Task Force Members and Wyoming County Probation officers who were waiting for them when they arrived to sell the drugs.

Kenyon is currently in the Wyoming County Jail in lieu of $15,000 cash bail, while Beckwho was arrested on the same charges March 8, has since posted bail. 

The Wyoming County Drug Task Force is a multi-agency unit with members from the Sheriff’s Office, Warsaw, Perry, Attica, and Arcade Police Departments, which all participate.

Tonya Lee Buzzell, 36, of Liberty Street, Batavia, is charged with: third-degree bail jumping; false personation; violation of the Family Court Act; criminal possession of a controlled substance in the seventh degree. Buzzell was located in Erie County and arrested on March 13 on four warrants then turned over to the Genesee County Sheriff's Office. Following her arraignment in Genesee County Family Court, she was released on her own recognizance. Next she was arraigned in Batavia City Court regarding the false personation charge and released on her own recognizance. Afterward, she was jailed in lieu of $1,500 bail on the criminal possession of a controlled substance charge and $10,000 bail on the third-degree bail jumping charge. Additional charges may be pending. She is due in city court April 24. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Thomas Sanfratello.

Sharnice Shantell Gibson, 27, of Frank Street, Medina, is charged with: aggravated driving while intoxicated -- with a passenger less than 16 years of age; DWI; two counts of endangering the welfare of a child; and loud exhaust. Gibson was arrested March 14 on Alleghany Road in Alabama following a complaint of an erratic driver. She was arraigned in Town of Alabama Court and jailed in lieu of $2,500 cash or $5,000 bond. She is due in Town of Alabama Court on April 4. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Erik Andre.

Jamie Leigh Ayala, 39, of Walnut Street, Batavia, is charged with fourth-degree grand larceny and petit larceny. Ayala was arrested at 6:29 p.m. on Feb. 28 at Palm Island Indoor Water Park on Park Road in Batavia after allegedly stealing and preventing the return of a wallet containing three credit cards and other personal documents while at the water park. Ayala is due in Batavia Town Court on April 4 to answer the charges. The case was handled by Genesee County Sheriff's Deputy James Stack.

Joe Gerace's Annual Spaghetti Dinner to benefit Genesee Cancer Assistance is April 11

By Billie Owens

Submitted photo and press release:

Please join Genesee Cancer Assistance on Thursday, April 11th, from 4 to 7 p.m., at Ascension Parish Hall (17 Sumner St., Batavia) for Joe Gerace's Annual Spaghetti Dinner

Dine in or take out. Dinners are $10 for adults, and $7 for children ages 5 through 12 years. Dinners for children under 5 years old are free. As in years past, complementary dinners will be available to any veteran or active duty military. There will be ample parking, and the facility is handicap accessible.

The dinner will include various raffles: a 50/50 raffle, $100 money tree, wine & chocolate baskets, and more! Winners do not need to be present.

All proceeds will benefit Genesee Cancer Assistance. 

Genesee Cancer Assistance, cofounded in 1995 by Dorothy Schlaggel and Russ Romano, is a community-based, volunteer organization through which cancer patients and their families living in Genesee County have access to financial aid and a variety of support services. Since its founding, Genesee Cancer Assistance has been fortunate to assist thousands of individuals; hundreds each year.

A lifelong Batavia resident, and one of the original members to sit on GCA's board of directors, Joe Gerace was passionately committed to helping people afflicted with cancer. He is the originator of the Simply Beautiful program and the Spaghetti Dinner that is held in his honor each year. Joe gave selflessly to the mission of Genesee Cancer Assistance until he lost his own courageous battle with cancer on Nov. 17, 2016.

Call the GCA office for more information, or to purchase your tickets in advance: (585) 345-0417.

Batavia woman accused of selling methadone to a task force agent

By Howard B. Owens
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       Leona Polk

A 39-year-old resident of West Main Street Road, Batavia, has been arrested and accused of selling a quantity of methadone to an agent of the Local Drug Task Force on two occasions.

Leona J. Polk is charged with two counts of criminal sale of a controlled substance 4th, a Class C felony.

Polk was arraigned in Genesee County Court on Thursday and given her status as a lifelong Batavia resident and her lack of any prior criminal record, she was released on her own recognizance. 

She was arrested March 8 and held without bail until her appearance before Judge Charles Zambito on Thursday.

She is accused of making the sales on June 17 and 18.

Sentencing delayed for teen who shot killer on Central Avenue

By Howard B. Owens

The sentencing of Samual Blackshear, the Batavia teenager who shot murderer Nathaniel Wilson in the leg after Wilson had stabbed Terry J. Toote outside a residence on Central Avenue, was delayed again today because his attorney received information that could effect Blackshear's eligibility for youthful offender status.

Blackshear entered a guilty plea in November to a single count of criminal possession of a weapon.

The plea agreement, which satisfied an indictment that included counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree, came with the promise that Judge Charles Zambito would consider granting the then 17-year-old youthful offender status. That would seal his court and criminal record in this case; the defendant is then never required to disclose the conviction to colleges or on job applications.

In preparing for sentencing, James Hinman did not receive a victim's statement from Wilson and did not believe such a statement existed.

Today, he learned that while Wilson did not make a victim's impact statement, he did make statements during his interview for his own pre-sentence investigation, that could have a bearing on the Blackshear case. Hinman asked for time to review those statements.

The content of Wilson's statements was not revealed in court.

In defending Blackshear, Hinman has maintained that Blackshear acted to protect the lives of people at the scene of May 17 murder. While the justification defense might have swayed a jury on the assault charges, Hinman did not dispute that Blackshear came into possession of a handgun he wasn't licensed to carry.

The gun allegedly came from Jennifer Urvizu-Hanlon, 48, then a local businesswoman, who did have a license for the gun. Her case is still pending.

Blackshear's case was continued to 3:30 p.m., March 2.

Even if granted youthful offender status, Blackshear could still be sent to prison for up to four years, or Zambito could put him on probation immediately.

Wilson, who admitted to second-degree murder, was sent to prison for a minimum of 20 years.

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