batavia

A two-car accident with minor injuries is reported in the city at West Main Street and Woodrow Road. It is blocking traffic. City fire and Mercy medics are responding.

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.

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

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.

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.

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.

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.

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

Kenyon is currently in the Wyoming County Jail in lieu of $15,000 cash bail, while Beck, who 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.

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.

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.

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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The seventh annual Mr. Batavia show is set for 7 p.m., March 21, at Batavia High School in the Auditorium. 

There are 12 seniors in this year's competition, each representing a different charity in the community. 

All proceeds from ticket sales will go to the winner's charity. Last year, $4,400 was raised and in seven years the student-run event has raised $20,190.

Tickets are $8 and are available at the school's main office and tickets will also be available at the door until sold out.

This year's contestants and their charities are:

• #1 - Harley Radley -- Pancreatic Assoc. of WNY
• #2 - Will Palmer -- 25 Neediest Fund
• #3 - Taiyo Iburi-Bethel -- All Babies Cherished
• #4 -  Cameron Austin -- Batavia VA
• #5 - Terelle Spinks -- Volunteers for Animals
• #6 - Griffin DellaPenna -- Michael Napoleone Foundation
• #7 - AT Thatcher -- GO ART!
• #8 - Kris Kuszlyk -- Juvenile Diabetes Research of WNY
• #9 - Alec Frongetta -- Genesee Cancer Assistance
• #10 - Cameron Bontrager -- Batavia Players
• #11 - John Bruggman -- Crossroads House
• #12 - Sam Rigerman -- Habitat for Humanity

Dr. Joseph Zambon and Mrs. Paula Fischer are Outstanding Community Members
In recognition of their work to include our students’ families in the Give Kids a Smile Day, Dr. Joseph Zambon and Mrs. Paula Fischer were nominated to receive Outstanding Community Member Awards.

While Dr. Zambon was unable to be present, Mrs. Fischer was presented with the award by Board of Education president Patrick Burk at the BCSD Board meeting on March 12.

They were nominated by Julia Rogers, district coordinator of Assessment and Instructional Services, who wrote:

"Dr. Zambon, dean of the UB School of Dental Medicine, and Notre Dame alumnus, and Mrs. Fischer, director of School-Based Programs at the UB Dental School, and BHS alumna, coordinated the partnership between the Batavia City School District and the University at Buffalo School of Dental Medicine for their annual Give Kids A Smile Day.

"The event, for children 1-18 years of age, took place on Feb. 9. They coordinated with Fidelis Care to offer free transportation to UB for families to attend if they needed it. The UB Dental’s Give Kids a Smile event offered free dental care -- including exams, cleanings, fillings, extractions, orthodontic consultations (braces), hearing and vision screenings, and healthy eating demonstrations.

"Every child and parent received oral health supplies and lunch bag. We are so grateful to UB Dental for their inclusion of BCSD families in this event.”

Josselyn A. Scott, 57, of Back Creek Road, Boston NY, is charged with driving while intoxicated with a previous conviction within the last 10 years, and driving with an open container of alcohol in a motor vehicle while on the highway. Scott was arrested at 5:31 p.m. March 10 for felony DWI and drinking in her car after she was allegedly observed leaving the scene of a property-damage accident on the Thruway, then seen sitting in the parking lot of 200 Oak St., Batavia, with her vehicle running. She was arraigned in Batavia City Court then jailed without bail. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Stephen Cronmiller.

Timothy D. Eastridge, 41, of Chestnut Street, Batavia, is charged with: endangering the welfare of a child; unlawful possession of marijuana; and criminal possession of a weapon in the fourth degree -- previous felony conviction. Eastridge was arrested following a Child Protective Services home visit at 11:24 a.m. on March 8. Eastridge allegedly had smoked marijuana in close proximity to his children and he was allegedly found to possess a .22-caliber rifle. He was issued an appearance ticket and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Stephanie M. Hartgrove, 30, of Chestnut Street, Batavia, is charged with endangering the welfare of a child. She was arrested at 11:24 a.m. on March 8 after a Child Protective Services investigation where Hartgrove allegedly allowed her live-in boyfriend to smoke marijuana in close proximity to "their children in common." She was issued an appearance ticker and is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Since a property tax cap was imposed on local governments in 2011, New York taxpayers have saved $25 billion in additional taxes, said Lt. Gov. Kathy Hochul said Monday during an appearance at Genesee Community College.

"I think people like that," Hochul said. "I think if you're a resident or a business owner, you like that."

Hochul is visiting communities throughout Western New York to drum up support for making the tax cap permanent and end periodic efforts to undo one of Gov. Andrew Cuomo's landmark accomplishments.

Keeping the tax cap is important to attracting new business to the state, Hochul said.

"Any business can go anywhere they want in the nation and we're working had to bring them to Upstate New York," Hochul said. "If you're going to lure them from low-tax states, we need to be able to say to them, 'you can count on what your tax rate is going to be because it's permanently locked in at this number.' "

Hochul, herself once a town board member in Hamburg, acknowledged that living within a 2-percent cap on the property tax levy is a challenge for local governments but she thinks it's worth the effort.

"We had a reputation for being a high tax-and-spend state and the governor on the first day he took office, he said we deserve that reputation," Hochul said. "That's been our legacy for the past 40 years."

Cuomo, Hochul said, has been focused on helping Upstate New York recover from decades of neglect and has directed $44 billion in economic development to Upstate, for things like roads and airports and railroads, and industrial and agricultural parks.

The effort is paying off, Hochul said, as the evidence in Batavia shows, where downtown is being revitalized and another $10 million is being invested in additional improvements downtown.

As part of her tax justice talk, Hochul also discussed the elimination of deductions of state and federal taxes. Reinstating the deductions is a matter of tax fairness, she said, because people wouldn't be taxed twice on the same income.

The elimination of the deductions is costing New York taxpayers $15 billion a year.

Submitted photo.

Pre-need funeral accounts in New York State are considered assets of the individual, not the funeral home. Each year, those that have prepaid their funerals with a funeral home receive a tax document for the interest earned in the previous year. If you have an account with any of our funeral homes, and did not receive your statement, please call us. We'd be happy to assist you. Batavia Funeral Homes