batavia

At least 10 cars were broken into overnight and had items stolen, according to radio transmissions.

Some of the cars -- if not all -- were forced break-ins, rather than the usual opportunistic unlocked vehicle break-ins.

The location of the cars are both within and without city limits, largely in a line from East Pembroke to the city.

Law enforcement officers with both Batavia PD and the Sheriff's Office are taking reports and calls seem to still be coming in.

UPDATE 3 p.m.: We spoke with Sgt. Eric Bolles, Batavia PD. Overnight, two cars on Ellicott Avenue had items stolen from inside the vehicles. Neither car was locked. Since Oct. 4, there have been 12 car break-ins in the city. All but three of them had items stolen. All were unlocked.

We spoke with Deputy Chris Parker who said the Sheriff's Office has taken 11 reports so far on car break ins with items stolen.  There are three reports pending. At least 10 residents have reported car break-ins with only spare change or nothing taken, and the residents did not wish to file a report. The line of break-ins extends along Pearl Street Road and includes side roads such as Wortendyke, Read and Hartshorn. One vehicle had more than $1,000 in cash stolen. Another car had credit cards stolen. Both of those crimes are grand larcenies. While some of the radio transmissions reported cars being locked, Parker said so far there is no evidence of forced entry on any of the vehicles. One report of a locked car is still pending.

UPDATE 6 p.m.: The Sheriff's Office has put out a statement saying that over the past couple of weeks deputies and investigators have been dispatched to a large number of larcenies from vehicles in the East Pembroke area.  The broken-record request from officials, "lock up your vehicles."

Photos: Investigator Kris Kautz found a good set of fingerprints on a picuup truck on Pearl Street Road.

Classic Batavia home on awesome street and super location! This grand and solid 4/5 bedroom home has something for everyone-curb appeal galore, spacious layout, beautiful hardwood floors and woodwork, wide and stately staircase, kitchen with pantry, and two great enclosed back porches overlooking pretty and private backyard. Although home is grand with 2600+ sq ft. its actually quite homey! With full walkup attic, nooks and crannies, and full wall of built-in drawers and linen cupboards there is no lack of storage! This is a real charmer and home that makes memories! NOW $149,900! Call today for your private showing 585-344-HOME! 

Press release:

The New York Office of the Attorney General has awarded the Batavia Police Department with grant funds from the Community Overdose Prevention Program enabling select first responders from both the fire and police department to receive naloxone kits and training for administering the life-saving medication.

Also known as Narcan, naloxone is a medication administered by nasal spray to an individual who has overdosed on opioids (synthetic substances that mimic the narcotic effect of opium, from which heroin is derived). Naloxone works by temporarily reversing the effects of the opioid, whether illicit or prescription, allowing the individual to regain consciousness and resume normal breathing.

The kits cost approximately $60 each, and Batavia has received a grant of $720 to purchase kits for 12 first responders.

In addition, the Community Overdose Prevention Program has dedicated $5 million in funds seized as crime proceeds from joint federal and state criminal investigations to fund the purchase of a naloxone kit for every sworn officer in the state that might encounter an acute opioid overdose in the line of duty.

While City of Batavia first responders have received the commitment from the Attorney General’s Office, the kits still need to be ordered and training needs to take place. Each kit consists of a zip bag or pouch containing: two vials of naloxone; two mucosal atomization devices for nasal administration; one pair of latex gloves; and a booklet on the use of naloxone.

Training on the use of the naloxone will be conducted by the City of Batavia Fire Department.

“We are fortunate to have had a number of individuals trained to both administer naloxone and train others to administer the drug,” said City of Batavia Fire Chief Jim Maxwell. “We are thrilled to be partnering with the Batavia police to offer a service that has already seen more than 1,000 successful overdose reversals in New York State.”

According to the federal Centers for Disease Control and Prevention, someone dies every 19 minutes from a drug overdose, and nearly three out of four prescription drug overdoses are caused by prescription painkillers. When prescription medication is no longer available, individuals often turn to illicit drugs, such as heroin.

“While we are certainly not seeing the use of heroin at the epidemic proportions of many communities, heroin and other opioids are here in Batavia,” said City of Batavia Police Chief Shawn Heubusch. “A key deterrent to opioid use, as with all drugs, is education and relentless attention.

“It’s difficult to keep up with trends among teens,” adds Heubusch, “but the ever-expanding choices among the synthetic drug market are something parents must pay attention to.”

According to Heubusch, one of the current top choices among teens is the drug "Cloud 9," an opioid that can be purchased over the Internet and looks just like an over-the-counter bottle of eye drops.

Batavia High School Principal Scott Wilson supports Chief Heubusch’s assessment of the strong need to educate the public on the constantly changing drug trends and ways to maintain vigilance. Wilson is holding a community roundtable designed to educate the community and provide information about the many resources available for both prevention and rehabilitation. The roundtable event, entitled “Community Awareness: Vaporizers, E-cigarettes and Their Use,” will take place at 6 p.m. on Oct. 15 in the Batavia High School Library.

“From a school administrator’s position, we cannot bury our heads in the sand and claim to be diligent about monitoring our kids’ activities and behaviors,” says Wilson, emphasizing that the school district wants to make sure all community members are armed with the most updated and accurate information available.

“I’ve had well-meaning parents share with me that they’ve purchased a vaporizer for their child, because they believe it’s safer than cigarettes,” Wilson said. “What parents don’t know is that the synthetic drugs that go into these vaporizers are very different. These drugs are not regulated and users face sometimes dire, unintended consequences.”

The Genesee/Orleans Council on Alcoholism and Substance Abuse (GCASA) will bring samples of legally purchased -- but uncontrolled -- opioids to the roundtable and review the most effective preventative measures. The Batavia Police, Genesee County Sheriff and City of Batavia Fire Department will also be on hand to share information and answer questions.

“We’ve seen an increase in opiate addictions in both Genesee and Orleans counties; Providing our City police and fire professionals with the naloxone kits will save lives," said Pamela LaGrou, GCASA Communications/Development director, who has seen giant steps taken to respond to this increase all over the state.

LaGrou also places a strong emphasis on education: “heroin and other opioid drugs are easy accessible, relatively inexpensive and can be highly addictive.” LaGrou recommends the Web site www.combatheroin.ny.gov as one of the best sites available for public education. Links to that site can also be found at GCASA’s Web site at www.gcasa.net.

Karen Soccio Anthony Sgroi

Karen L. Soccio, 52, of Batavia, is charged with criminal sale of a controlled substance, 5th, and Anthony P. Sgroi, 49, of Warsaw, is charged with criminal possession of a controlled substance, 7th, possession of a controlled substance not in original container and possession of untaxed cigarettes. State Police report that a trooper putting gas in his patrol vehicle observed an individual on Park Road who was handling a small quantity of pills. Upon investigation, the trooper determined the pills were tramadol, a controlled substance. Sgroi was placed in custody and was allegedly found to possess clonazepam, also a controlled substance, and about 1,000 un-stamped cigarettes. With further investigation, Soccio was found to be Sgroi's alleged supplier. Sgroi was jailed on $5,000 bail. No word on Soccio's bail or if she was released.

Lawrence G. Merritt, 52, of Batavia, is charged with petit larceny. Merritt is accused of taking a bicycle that was on display in the store and attempting to exchange the un-purchased bike at the service desk for cash, using a receipt from an earlier bike purchase.

Lawrence Charles Vanocker, 45, of East Street, Gainsville, is charged with petit larceny. Vanocker is accused of stealing $183.87 in merchandise from Walmart.

Another business in Batavia has reported a force-entry burglary, but since the business was closed a few days, the owner can't say whether it happened last night or the same night as four other area businesses were broken into.

Travis Farewell, owner of Sweet Pea's Cupcakery Cafe on Jackson Street, confirmed that a burglar broke open his register and stole cash. He also said the Habitat for Humanity donation box was broken and all of the money in it was stolen.

Det. Todd Crossett confirmed a crime report was taken, but said no other businesses have come forward.

Yesterday, we reported that Salvania's, just a few doors down from Sweet Pea's, was broken into and cash was taken. Three other businesses in the city also showed signs of forced entry, but nothing was reported stolen.

Anybody with information that may be useful to the investigation can contact Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

A hit-and-run driver damaged a sign at First Niagara Bank at 2:46 p.m., Sept. 26, and Batavia PD is asking for the public's help in identifying the driver.

The car reportedly sped through the ATM lane at the First Niagara branch on Court Street and struck a bank sign and continued without stopping.

The gold Chevrolet Impala likely sustained damage to the driver-side front fender.  

The driver is described as an older female.

If you have information that may assist in the investigation, contact Officer James DeFreze at (585) 345-6350.

Classic Batavia home on awesome street and super location! This grand and solid 4/5 bedroom home has something for everyone -- curb appeal galore, spacious layout, beautiful hardwood floors and woodwork, wide and stately staircase, kitchen with pantry, and two great enclosed back porches overlooking pretty and private backyard.Although home is grand with 2600+ sq ft. it's actually quite homey! With full walkup attic, nooks and crannies, and full wall of built-in drawers and linen cupboards there is no lack of storage! This is a real charmer and home that makes memories! NOW $149,900! Call today for your private showing 585-344-HOME!

The Batavia Chess Club has attracted 45 members since Kevin Larsen started it about a year ago, but onyl a handful show up any given night of matches, Larson said.

The club meets at the Richmond Memorial Library every Thursday from 6 to 8:30 p.m. and new members are always welcome. They'll even teach you how to play chess if you don't know how.

Larsen (on the right, second photo) funded the game boards and time clocks out of his own pocket. There are  no dues for membership in the club.

For more about the club, visit bataviachess.org.

Previously: Batavia man and library present 'Batavia Community Chess Club'

Samuel G. Malone turned from the defense table after Judge Robert C. Noonan finished with him and smiled.

He looked out into the gallery as he strode from that moment where his entire future hung in the balance and spotted his wife and baby and the smile grew wider.

The convicted burglar will remain a free man, at least as free as a man can be while on four years probation.

In that moment, he heard something few convicted criminals ever hear: Praise from an often stern judge with little patience for defendants who don't keep their promises.

Malone kept his promises. He's stayed clean. He's lived sober. He's kept a job. He's worked hard. He's walked the line as a husband and father.

"I'm truly sorry for what I did," Malone had told Noonan. "I am. I have really turned around my life, 100 percent, in every aspect of it. I'm a hard worker. I work 50 to 60 hours a week. I love my children and I love my wife."

Malone hit the front pages in April 2013 in a rather notorious way.

In December 2012, a grand jury indicted a DNA profile as a "John Doe" because the statute of limitations was about to expire on the crime. Even without a name, based on that unique DNA profile, the suspect for those burglaries of local businesses could still be charged.

Five months later, after Malone had been convicted on an unrelated felony, and a DNA sample was collected, as required by law, Malone was identified as that "John Doe."

In August, 2013, Malone entered a guilty plea to two counts of burglary, 3rd, and one count of attempted burglary, 3rd.

Rather than sentence Malone to prison in November, Noonan heeded the advice of the probation departments in Alleghany County (where Malone now lives) and Genesee County. Both probation departments reported that Malone was doing well, staying clean and out of trouble, and leading a new life.

So Noonan put Malone on interim probation for six months.

The judge admitted he was pleasantly surprised at how things worked out.

His own handwritten note from Nov. 12, Noonan said, told him that he thought for sure he would be sending Malone to prison today. The note said, Noonan told Malone, that even a perfect performance while on interim probation wouldn't necessarily keep Malone out of state lock up.

"It's amazing, the turn around you've done," Noonan said. "Even the probation department --certainly no push over on recommendations -- says it would be a step backwards for you to give you any incarceration at this time because you're doing so well."

Noonan's decision to put Malone on probation ran counter to the recommendation of District Attorney Lawrence Friedman, who questioned whether a community-based sentence was appropriate given the severity of the charges.

"I've read the recommendations and he's doing in fact apparently well, and he's done everything, other than driving without a license, that he's supposed to do," Friedman said, "but I'm troubled by the number of serious crimes this defendant committed."

Public Defender Jerry Ader acknowledged that Malone was convicted of a series of serious crimes, but also pointed to how well Malone has done both on probation for his original conviction and the interim probation granted by Noonan.

"He's proven himself almost more than any other client I can remember coming through our office," Ader said. "He has turned his life around. He will be an asset to the community, to his family and to his children."

Noonan reminded Malone that if nothing else, for the next four years, the 28-year-old father will have a lengthy prison term awaiting him if he strays from the path of law-abiding citizen.

"You will have 18 years of prison hanging over your head for any violation of the law while on probation," Noonan said. "That should be sufficient incentive to keep you on the straight and narrow, though you seem to have found your own incentive through your work and family."

Cordyn C. Mack, 25, of Wood Street, Batavia, is charged with unlawful imprisonment, 2nd, endangering the welfare of a child, and second-degree harassment. On Oct. 8, Mack was involved in a domestic disturbance that was physical with a female who resides with him. Mack allegedly refused to allow the victim to leave the residence with her infant, and then struck the victim in the face with an open hand while she still had her child in her arms. Mack was arraigned in city court and released under supervision of Genesee Justice. The incident was investigated by Batavia Police officer Frank Klimjack, assisted by officer Mitchell Cowen.

Delwin D. Robinson, 33, of Lake Road, Pavilion, was arrested on Oct. 8, 2014 by the Le Roy Police Department and charged with unlawful possession of marijuana. Robinson was a passenger in a vehicle which was stopped for alleged vehicle and traffic violations. After a brief investigation, Robinson was allegedly found in possession of marijuana. Robinson was issued an appearance ticket and is scheduled to appear in the Le Roy Town Court on Nov. 17.

Police are investigating break-ins into four local business, though only one business owner reported missing property.

Salvania's Restaurant, on Jackson Street, had its cash register tipped and money was stolen, said Sgt. Det. Todd Crossett.  

There's apparently nothing missing from Anything Your Heart Desired on East Main Street, Golden Coin Laundry, East Main Street, and Sterling Tent, on Pearl Street, Crossett said.

There are few leads in the case at the moment, Crossett said. 

Anybody with information that may be useful to the investigation can contact Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

A two-car accident, unknown injuries, is reported at Center Street and East Main Street, Batavia.

City fire and Mercy EMS responding.

Fox'r is ready to go home. Whose home, we don't know yet, but it won't be the home of Nina Kelso.

In City Court today, Kelso finally surrendered ownership of the boxer, who has been living at the Animal Shelter since being found on death's doorstep at Kelso's former residence on Hutchins Street more than nine months ago.

He can now be adopted into a forever home by a local resident.

While Fox'r has put on weight -- he's up to 84 pounds -- and regained his strength, he's also been fidgety and nervous while confined most hours of the day to a cage at the shelter. He likes people and wants to be around people, volunteers say.

The volunteers at the shelter have taken to calling him "Skully" and "Boyfriend" and they've been eager to see Kelso's court case completed so he could find a new home.

Concern for the dog is one reason the District Attorney's Office agreed to a plea bargain in the case, ADA Robert Zickl told Judge Robert Balbick in City Court today.

"There's no reason for the animal to continue being confined to the shelter," Zickl said. "It should be adopted out and that is what we prefer to do because it's in the best interest of the dog." 

Kelso entered a guilty plea on an Alford basis to one count of torturing an animal.

An Alford plea means she concedes she would likely be found guilty by a jury, but does not admit to the facts of the prosecution's case against her.

Today's proceedings started with Kelso's attorney, Fares Rumi, laying out his understanding of the plea agreement offered by the people.

The agreement was a guilty plea to torturing an animal, no fees for his care up at the shelter and no jail time.

Balbick shot back that he wouldn't necessarily agree to the terms at sentencing.

"I would have to look at her background, a pre-sentence investigation, the facts of the situation and decided if no jail would serve appropriate justice," Balbick said. "I can't do that blindly. I know nothing about your client except that she is charged with torturing an animal."

Looks of shock and horror passed over Kelso's face, who sat at the defense table in a black blouse fiddling with a long silver chain draped around her neck. She appeared close to tears.

After some whispers between her and Rumi, some more back and forth between Rumi and Balbick, Balbick suggested the attorneys proceed with the planned suppression hearing.

Rumi had made a motion to get thrown out any statements Kelso made to Officer Jamie Givens the day she responded to an animal cruelty complaint at 142 Hutchins St. on Feb. 4.

Givens found Fox'r at the top of a common stairwell (shared by two apartments). Food was strewn everywhere, there was no water, and it didn't appear that Fox'r even had the strength to raise his head, Givens testified.

He was so emaciated his ribs were showing.

Minutes after Givens arrived on scene, Kelso came up and walked up the stairs and spoke with Givens.

Rumi argued that Kelso should have been read her rights before speaking with Givens. An argument Balbick would later reject saying that Kelso wasn't in custody at the time and her statements were voluntary. 

Kelso told Givens, Givens said, that Fox'r had eaten either cigarettes or some chemical that made him sick and cause sudden weight loss. Kelso reportedly said she knew Fox'r was close to death and that her brother-in-law was supposed to pick him up the next day and take him some place and shoot him to death.

Through the entirety of Givens testimony, Kelso sat silently shaking her head "no."

After the testimony, both attorneys met with Balbick privately.

When they came back into the courtroom, Rumi met with Kelso privately. They all then approached the bench and Rumi said Kelso had agreed to the terms.

Balbick again emphasized that he retains the option to reject her guilty plea when she comes in for sentencing Jan. 6.

Through tears, Kelso said she understood.

As the details of her guilty plea and the process were discussed, Kelso stood next to her attorney nearly sobbing, but mostly holding it together.

When Balbick asked her if she was ready to surrender the dog, Kelso could barely form the word "yes" with her mouth, started to sob briefly and looked straight up at the ceiling.

Seconds passed, and she managed to sob, "yes."

An animal control officer at the back of the courtroom began preparing the paperwork.

The animal shelter is located at 3841 W. Main Street Road, Batavia. Phone: (585) 343-6410. Applications for adoption are being accepted immediately.  

Around the time of Kelso's arrest, another Batavia woman, Lauren K. Pellegrino, also also arrested for allegedly mistreating her dog, Nessa. Pellegrino was scheduled to appear on her case at 1:30 p.m., and as of 4 p.m., she had yet to show up in City Court. She missed a previous court appearance, as well, and eventually turned herself in on a warrant, according to court officials. The court was attempting to contact her attorney this afternoon. Nessa remains confined to the shelter.

CORRECTION: we originally wrote "no fine." Kelso could be fined up to $1,000. The plea relieves her of responsibility for shelter fees. However when Balbick informed her she could be fined Kelso said she had been willing to pay for Fox'r's care.

Michael Robert Sigl, 22, of Pratt Road, Batavia, is charged with criminal possession of a forged instrument, 2nd. Sigl allegedly forged a check Sept. 4 from another person's account and used it to make a purchase at a local retail store for $277.54. Sigl is already incarcerated at the Genesee County Jail  on five counts of criminal possession of a forged instrument was arraigned on the new charge and ordered held on $10,000 cash bail. 

Dylan B. Boykins, 41, of Pringle Avenue, Batavia, is charged with attempted petit larceny. Boykins allegedly tried to steal merchandise from Dollar General.

Justin J. Koepp, 32, of East Main Road, Batavia, is charged with unlawful possession of marijuana. Koepp was charged following an investigation into a reported domestic incident.

Eric John Davis, 36, of Read Road, Corfu, is charged with criminal contempt, 2nd. Davis allegedly violated an order of protection.

Tickets are available to purchase at the following Batavia locations between Monday – Friday 8 a.m. to 4 p.m. at the Jerome Center Gift Shop, 16 Bank St., and UMMC Cashier’s Office, 127 North St..

Aaron Klein

Aaron Lee Klein, 43, of Harvester Avenue, Batavia, is charged with criminal sale of a controlled substance, 3rd, possession of a hypodermic instrument, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. A plain clothes police officer observed Klein allegedly selling marijuana and heroin to another person at 3:09 p.m. Oct. 1 on Dellinger Avenue, Batavia.

James Albert Hancock, 45, of East Main Street, Batavia, is charged with possession of a hypodermic instrument, criminal possession of a controlled substance and unlawful possession of marijuana. A plain clothes police officer observed Hancock allegedly make a purchase of marijuana and heroin from another person at 3:09 a.m. Wednesday on Dellinger Avenue, Batavia.

Robert Propst

Robert J. Propst, 34, of Maple Street, Batavia, is charged with first-degree robbery, grand larceny 4th, criminal possession of a weapon and menacing, 2nd. Propst is accused of displaying a knife at 10:27 p.m. Aug. 6 while on Pearl Street, Batavia, and demanding the wallet of another person. Propst was jailed without bail.

Christopher Alexander John Davenport, 26, of Bennett Hill Road, Groveland, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and no plate lamp. Davenport was stopped at 1:41 a.m. Saturday on Clinton Street Road, Batavia, by Deputy Joseph Corona.

Shannon Lee Atonetty, 38, of Maple Street, Batavia, is charged with burglary, 2nd. Antonetty allegedly forced his way into a residence in Bethany and stole money and a receipt from a wallet. The homeowners found Atonetty lying on the kitchen floor in an intoxicated condition and detained him until law enforcement arrived. Attonetty was jailed on $25,000 bail.

Johnny Lee Shannon, 56, of Creek Road, Batavia, is charged with menacing, 2nd. Shannon allegedly threatened another person with a knife at his residence at 9:30 p.m. Saturday.

Paul Michael Gelardo, 29, of Fargo Road, Stafford, was arrested on warrants for alleged identify theft, 3rd, and petit larceny. Gelardo was a passenger in a vehicle stopped by Deputy John Baiocco, who recognized Gelardo as a warrant suspect. Gelardo was jailed on $500 bail.

Anthony Gene Stone, 25, of Delmar Road, Rochester, was arrested on a warrant for alleged disorderly conduct. Stone was arrested following his release from Monroe County Jail, where he was held on an unrelated matter. Stone was arraigned in Darien Town Court and jailed on $100 bail.

Alton W. Bethel, 53, of Union Street, Batavia, is charged with criminal mischief, grand larceny, 4th, and endangering the welfare of a child. Bethel was arrested following an investigation into a domestic incident reported at 11:38 p.m. Friday on Bank Street. No further details released.

Katherin A. O'Brien, 21, of Roanoke Road, Pavilion, is charged with DWI, driving with a BAC of .18 or greater, criminal possession of a controlled substance, 7th, and controlled substance not in origianl container. O'Brien was stopped at 12:14 a.m. Sept. 24 on West Main Street, Batavia, by officer Matthew Wojtaszczyk.

A 16-year-old resident of Holland Avenue is charged with harassment, 2nd, and disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School and allegedly struck a staff member trying to break up the fight.

A 17-year-old resident of Holland Avenue, Batavia, is charged with disorderly conduct. The youth was involved in a fight with a sibling at Batavia High School.

Reginal C. Sampson Sr., 48, of Webster Avenue, Rochester, is charged with harassment, 2nd. Sampson was charged following a fight with another person reported at 6 p.m. Wednesday at a residence on Hall Street, Batavia. Also charged with harassment, 2nd, was Leonard A. Johnson, 21, of Hall Street, Batavia.

Nathen Edward Donald Brege, 22, of Morrow Road, Pavilion, was arrested on a warrant for alleged failure to appear on an overnight parking ticket in the City of Batavia. Brege posted bail and was released.

A 16-year-old from Le Roy is charged with harassment, 2nd. The youth was arrested by State Police related to an incident reported at 3:30 p.m., Friday. No further details released.

Whenever I drive by it, I like the look of this tree out in a cornfield, east of Route 98, just before you get to Batavia Elba Townline Road. This evening, I stopped for a picture.