batavia

Lewis & Lewis has transformed from a solo practice 70 years ago into one of Western New York’s largest combined workers’ compensation and personal injury firms. Lewis & Lewis’s transformation has been an exciting journey that has included the expansion to five offices, with 15 skilled attorneys who are passionate about putting their clients’ needs and rights at the forefront. For more information visit www.lewislaw.com.

This fall, there have been a few big trees coming down on the Southside. Crews were on Jackson Street near Morton Avenue today taking down a pair of big trees.

City crews were on South Main this afternoon picking up the fall leaves of residents. The city's leaf detail continues until Nov. 21. For more information, click here.

A group of local residents are concerned that they're seeing a rise in homelessness in Genesee County and are trying to pull resources together to address the issue.

Genesee Community Warming Center Coalition wants to find a location for a shelter and showers, said James Rocco Soccio, one of the group's members.

Soccio said on any given day there may be from two to 15 people in Genesee County who don't have proper shelter.

Regardless of how they got in that situation, he would like to see the community come together to provide assistance.

A shower and a shave could help somebody get a job. Food will keep people, especially children, from going hungry. Shelter might save a life.

Winter's coming on and snow and cold are just days away.

We spoke with Soccio standing in the midst of a homeless encampment in Batavia (we agreed not to disclose the location to help avoid any sort of harassment of the occupants). 

There were no people at the camp while we were there this afternoon, but it's clear the camp is currently occupied. There was food on shelves, clothing hung neatly on a line in a tent, a bike leaning against a tree and a very friendly cat wandering about.

There is also a tent set off from the main group of tents, giving the impression it might serve as a latrine. There's also a covered refuse pile nearby. It's clear the camp has been in use for an extended period of time.

Soccio said Pastor Paul Ohlson from Care-A-Van Ministries had visited the camp previously delivering food. Sometimes there's one person there. Sometimes there are four or five.

It's Soccio's impression that the camp is shared by a revolving set of people in need of shelter.

It was the first time Soccio had seen it personally and he was rather taken aback.

"It's unbelievable until you see it," Soccio said. "I'm shocked that this is happening here Genesee County. We need to get something together so they're not out there committing crimes to get three hots and a cot. That's the truth of it all."

There is a Facebook group for the coalition. Also, the group is trying to raise money with GoFundMe.com. Finally, the group meets at 3 p.m. every Wednesday. Tomorrow it meets at the Salvation Army, 529 E.Main St., Batavia.

City fire and Mercy medics are responding to State Street for a report of a CO detector activation with ill affects for the occupants. A female, now across the street, says she has a headache. Her children are no longer inside, although an elderly man is believed to still be in there.

Shane Irwin Crosby, 38, of North Bergen Road, Bergen, is charged with manufacturing an illicit alcoholic beverage, a Class E felony. Crosby was found to have an illegal moonshine still during a visit by probation officers at 8:40 a.m., Oct. 26. Deputy John Weis was dispatched to investigate. Crosby is accused of operating a still without being a properly licensed distiller. He was issued an appearance ticket.

Dale S. Berglund, 39, of West Allis, Wisc., is charged with felony DWI. Berglund was stopped at 8:45 p.m. Sunday in the Village of Corfu for allegedly driving 51 in a 35 mph zone.

Willie Marshall, 61, of Batavia, is charged with forcible touching. Marshall was arrested following an investigation by the State Police Bureau of Criminal Investigation into a complaint that he inappropriately touched a 13-year-old girl while staying with her mother at a local motel.

Brett Nelson Magoffin, 39, Genesee Street, Pembroke, is charged with DWI, driving with a BAC of .18 or greater and failure to keep right. Magoffin was stopped at 5:27 p.m. Sunday on Read Road, Pembroke, by Deputy Patrick Reeves.

Macayla T. Brown, 18, Ja'Nelle A. Smith, 18, and a 17-year-old, all of 8170 Batavia Stafford Townline Road, are charged with petit larceny. The trio are accused of stealing $366 in merchandise from Walmart.

Kaylee Louise Middaugh, 19, of Little John Road, Belfast, is charged with petit larceny. Middaugh is accused of pushing a cart full of merchandise out of Walmart without paying for the items.

Eric Vernon Biscaro, 57, of Ellicott Street Road, Batavia, is charged with assault ,3rd. Biscaro is accused of hurting another person during a domestic incident.

A fire this morning at 8 Wood S., Batavia, caused $35,000 in damage to the structure and building contents, according to the Batavia Fire Department.

The fire was caused by an electrical issue and started in the kitchen.

A second-floor resident climbed onto the roof of an alcove on the first floor and was rescued by a city firefighter.

A dog that barked to alert residents to the fire perished as a result of smoke in the residence.

The incident commander was Mark Mikolajczyk.

(initial post)

Photo by Frank Capuano.

City fire is responding to 174 Ross St., lower apt., for the odor of something electrical burning inside a wall.

UPDATE 11:07 a.m.: A city code enforcement officer is called in.

Smoke is reportedly coming from the house at 8 Wood St., located between Jackson Street and Pringle Avenue. Smoke is coming from the attic, too. City police are on scene and city fire is responding.

UPDATE 7 a.m.: The incident has gone to a second alarm.

UPDATE 7:05 a.m. Alexander's Fast Team and Elba fire is called to the scene. Mercy medics are requested for an evaluation. Town of Batavia fire is called to fill in at the city fire hall on Evans Street. Also, D "ESU 2" is called to the scene along with all off-duty platoons.

UPDATE 7:14 a.m.: Command reports fire knocked down. Overhaul started. The blaze is believed to have started in the kitchen.

UPDATE 7:27 a.m.: Alexander is returning to quarters.

UPDATE 7:50 a.m. (by Howard, info and photo from Alecia Kaus/Video News Service): A resident who lived on the second floor was rescued from the roof. A dog died. The fire started in the kitchen. Two people downstairs were evacuated. The second-floor resident is being evaluated in an ambulance on scene.

UPDATE (info from Alecia Kaus/Video News Service): the dog that perished had alerted residents to the fire. 

Beniluis Ruiz is indicted for first-degree sexual abuse, a Class D felony, for allegedly subjecting another person to sexual contact in the Spring of 2013 when that person was physically helpless and therefore incapable of consent.

All counts stem from alleged incidents in the Town of Pavilion.

• In count two, he is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct with a person less than 17 years old in December 2013 when he was age 21 or older;
• In count three, he is indicted for third-degree rape, a Class E felony. It is alleged that in December 2013 he engaged in sexual intercourse with a person under 17 years old and he was age 21 or older;
• In count four, he is indicted for criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on a second occasion with a person less that 17 years old in December 2013 while he was age 21 or older;
• In count five, Ruiz is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on Jan. 5 with a person under age 17 when he was 21 or older;
• In count six, he is accused of criminal sexual act, 3rd, a Class E felony, for allegedly engaging in oral sexual conduct on Feb. 10 with a person under age 17 while he was 21 years old or older;
• In count seven, he is indicted for third-degree criminal sexual act, a Class E felony, for allegedly engaging in oral sexual conduct on a second occasion on Feb. 10 with a person under age 17 while he was age 21 or older;
• In count eight, Ruiz is indicted for third-degree rape, a Class E felony, for engaging in sexual intercourse on Feb. 10 with a person under age 17 while he was age 21 or older;
• In count nine, he is accused of endangering the welfare of a child, a Class A misdemeanor, for allegedly knowingly acting on Jan. 4-5 in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17;
• In count 10, he is accused of the same actions as in count nine, but involving a second child under age 17;
• In count 11, Ruiz is indicted for unlawfully dealing with a child, 1st, a Class A misdemeanor, for on Jan. 4-5 allegedly giving or selling or causing to be given or sold, alcoholic beverage(s) to a person under age 21;
• In count 12, he is accused of the same crime as count 11, but involving a second person under age 21.

Matthew D. Marvin and Brenden R. Jones are accused of fourth-degree grand larceny, a Class E felony. It is alleged that on June 20 in the Town of Batavia, they stole property valued in excess of $1,000, including baby monitors, K-9 Advantix products, Braun electric razors, Oral-B electric toothbrush, computer software, router, "spyder" wire and other products valued at $2,928.84 from Walmart. In count two, they are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intending to commit a felony on June 20. They allegedly agreed with one or more persons to engage in this criminal conduct.

Christopher M. Colantonio is indicted for criminal possession of a forged instrument, 2nd, a Class D felony. It is alleged that on April 3 at a bank in the City of Batavia, he cashed a bogus check for $100, which was made payable to him and taken from another person's account. In count two of the indictment, he is accused of petit larceny, a Class A misdemeanor, for allegedly stealing $100 by means of the aforementioned forged check.

Juanita Jackson, 58, of Ellicott Street, Batavia, is charged with juvenile curfew violation. Jackson is the legal guardian of a youth who was allegedly found in a public place within the city past juvenile curfew time. The youth was allegedly involved in criminal mischief, larceny from a vehicle and possession of stolen property at 10:50 p.m., Oct. 29. The youth fled from police and was later located hiding in St. Joseph Cemetery by K-9 Destro.

Reginald C. Sampson, 48, of Holland Avenue, is charged with resisting arrest, obstructing governmental administration, 2nd, and disorderly conduct. Sampson is accused of refusing to comply with officers requests during an investigation being conducted at his residence. Sampson reportedly became irate and allegedly began yelling obscenities, disrupting the peace of the neighborhood and interfering with the investigation. When told he was under arrest, Sampson allegedly became combative with officers. Williams was jailed following arraignment. (Previous report).

Deavin L.A. Herman, 20, of Caroline Street, Albion, was arrested on a warrant for alleged failure to appear on a petit larceny charge. Herman was jailed on $500 bail.

Olivia M. Lyons, 21, of Judge Road, Basom, is charged with petit larceny. Lyons was arrested by Batavia PD following an investigation into complaints of numerous thefts from UMMC staff. Lyons is accused of stealing mobile phones Wednesday evening.

Kenneth M. Gray, 22, of Myrtle Street, Le Roy, is charged with acting in a manner likely to be injurious to a child less than 17 and harassment, 2nd. Gray was arrested on a warrant out of City Court related to an alleged incident Oct. 20.

Nathan J. Pascuzzo, 23, of Ellicott Street Road, Pavilion, is charged with DWI. Pascuzzo was stopped at 5:10 a.m., Nov. 2, after officer Peter Flanagan observed a vehicle on Ellicott Street driving on two flat tires.

Heather L. Draper, 25, of East Avenue, Batavia, is charged trespass. Draper is accused of entering a store she had been banned from entering.

Kelsey Anne Sanders, 27, of Hutchins Street, Batavia, was arrested on a warrant for alleged failure to pay a fine on a disorderly conduct charge. Sanders was released on $125 bail.

Joseph W. Freeman, 30, of East Avenue, Batavia, is charged with harassment, 2nd. Freeman allegedly punched another person in the face during a domestic argument at 4:45 a.m., Monday.

Crystal L. Lawrence, 30, of Main Street, of Batavia, was arrested on a warrant for alleged failure to appear.

Didier Asne Antoine, 20, of Jackson Street, Batavia, is charged with criminal trespass, 3rd. Antoine was allegedly on College Village property after being banned.

Robert Ray Davis, 53, of Main Road, Pembroke, is charged with unlawful dealing with a child. Davis allegedly hosted an underage drinking party at his residence.

Elizabeth Michelle Grattan, 24, of Maple Street, Batavia, is charged with burglary, 3rd, and petit larceny. Grattan is accused of entering Walmart after being banned for life from the store. She allegedly stole $110 worth of merchandise.

A fire is reported at the Walmart Super Center on Veterans Memorial Drive. The building has been evacuated. Flames are visible on the wall in the meat department of the food store. Town of Batavia Fire Department is responding.

UPDATE 7:52 a.m.: A fire is confirmed inside the meat cooler. Mutual aid from Oakfield fire is requested along with all available manpower from Town of Batavia.

UPDATE 8:06 a.m.: Oakfield is told to continue non-emergency with a fill-in unit for Town of Batavia's fire hall.

UPDATE 8:53 a.m.: Fire is out. A Health Department rep inspected the meat cooler and cleared the scene.

Press release:

The Group 2 winner of the Fire Prevention Poster Contest received her prize today. Violet March, a third-grader at St. Joseph School, received a ride on a fire truck to school. She boarded the truck at the fire station on Evans Street and from there took a tour of the City on Engine 11. She arrived at school and was greeted by her classmates. The poster contest is in its second year and sponsored by the City of Batavia Fire Department and the City Firefighters Union Local 896.

Top photo: Firefighter Art Smith, Captain Greg Shilvock, Fire Chief Jim Maxwell, Group 2 Winner Violet March and her mother Kelly March.

Bottom photo: Captain Greg Shilvock, Violet March and firefighter Art Smith in driver’s seat. 

According to workers at the 7-Eleven store at 505 E. Main St. in Batavia, there was a one million dollar winner in the October 29, 2014 Powerball drawing. The winner is a regular player at the mini mart.

The NYS Lottery says the winner used "Quick Pick" and won the second-place prize of $1,000,000.00.

They had 5 of 5 numbers, but no Powerball number. There was no first-place winner that day. The Jackpot was for $142,000,000.00.

A store employee says the winner is still in shock and will be receiving the second-place prize soon.

The State of New York Office of General Services held a surplus vehicle auction at State Police Troop "A" headquarters this morning on West Saile Drive in Batavia.

The auction was open to the public and Scott Perry and Company Auctioneers from Niagara Falls ran the auction that started at 9:30 this morning. The company has been contracted out by NYS to run the vehicle surplus auction for the past six years.

According to a seasoned auction goer, the crowd was light this morning. Vehicles that normally go for $2,000-$3,000 were going for $200-$300.

The inventory list contained about 23 vehicles, mostly Ford Crown Victoria and Chevy Impala models.

The next scheduled State Vehicle Surplus Auction will take place later today at 1:30 at State Police Headquarters Troop "E"  on Rochester Road in Canandaigua.

Le Roy Fire Department's ability to upgrade its rescue vehicle has given City fire the opportunity upgrade its own capabilities.

The Batavia department purchased Le Roy's retired rescue truck for $55,000, which is $12,000 below what the city had budgeted for a new pickup truck and trailer to handle the same duties.

New, the truck goes for about $200,000.

Now dubbed Truck 14 and assigned to special operations, the new vehicle will be used for hazmat, rope rescue, water rescue, swift water rescue, cold water rescue and confined space rescue.

"They're all operations that we don't do very often, but there is always potential for a large need in the city," said Lt. Bob Fix.

Truck 14 will also respond to fire scenes with crew and equipment and serve as a rehab vehicle. It has an awning to provide shelter in heat and will carry water and fans to assist firefighters who need a break during a fight.

Up until now, the city had no vehicle to meet the needs of these operations. Equipment was stored in the fire hall and pulled out as necessary.

Now, everything is ready to roll with little time wasted.

Besides cost savings -- though some of that $12,000 was used to refit the truck to some of the city's needs -- the advantage over a storage trailer is that the trailer would need to be heated in the winter to help maintain the equipment. The new truck fits inside the fire station behind the current ladder truck.