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Law and Order: arrests for alleged domestic violence, DWI, criminal contempt and forgery

By Billie Owens

John A. Snook, 26, of Central Avenue, Batavia, was arrested June 10 and charged with criminal obstruction of breathing/blood circulation, second-degree harassment, and unlawful imprisonment. The arrest was made following his release from Orleans County Jail on a separate charge. The new charges stem from a domestic incident in the City of Batavia. Orleans County Sheriff's Department transported Snook to the Genesee County line and he was taken to Batavia City Court and arraigned in front of Judge Balbick. He was then put in county jail and bail was set at $2,500. The matter was investigated by Batavia Police officer Jamie Givens.

Nathen Edward Donald Brege, 22, of South Main Street, Batavia, is charged with second-degree criminal contempt. On June 11 he was arrested for allegedly violating an order of protection issued by the Town of Oakfield Court by allegedly threatening the protected individual in an incident on May 31 on South Pearl Street in Oakfield. He was issued an appearance ticket. The matter was investigated by Sheriff's deputy Joseph Loftus.

Sean Robert Doran, 24, of Harper Street, Rochester, is charged with DWI, aggrevated DWI, and speeding over 55 mph on June 11 on Route 20 in the Town of Alexander. He is scheduled to be arraigned on July 1 in Alexander Town Court. The incident was investigated by Sheriff's deputy Kevin McCarthy.

Thomas Edward Bobeck, 44, of Parwood Drive, Cheektowaga, is charged with operation of a motor vehicle with a BAC of .08 or more as a first offense, and DWI, first offense. He was arrested on said charges after being observed allegedly driving in an unsafe manner while on Alleghany Road in Darien on June 12. He is to be arraigned on July 8 in Darien Town Court. The matter was investigated by Sheriff's deputy Joseph Corona, assisted by deputy Brian Thompson.

Ivan Jerrod Walton, 21, of Yates Avenue, Sauk Village, Ill., is charged with criminal possession of a forged instrument, 2nd, stemming from an incident on March 25 at the Sears Hometown Store on Lewiston Road, Batavia. The subject was being held in the Livingston County Jail on an unrelated matter. He was arrested on June 9 and arraigned in front of Justice Williams from Batavia Town Court on said charge and returned to Livingston County Jail. Bail was set at $2,500. The matter was investigated by Sheriff's deputy Christopher Parker, assisted by deputy John Baiocco.

Video: Jankowski wins four awards at state pistol championship

By Howard B. Owens

Eugene Jankowski, former lieutenant with Batavia PD and current City Council member, recently took home four awards from the 2014 NY State IDPA International Defensive Pistol Championships at Pine City Sportsman's Club near Elmira.

Jankowski finished:

  • 1st Place Law Enforcement
  • 1st Place Senior
  • 2nd Place Stock Service Pistol Master class
  • 2nd Place Overall

City announces hiring of assistant city manager

By Howard B. Owens

Press release:

City Manager Jason Molino today announced his appointment of Gretchen DiFante as assistant city manager for the City of Batavia. DiFante was selected following a national search that resulted in 60 applicants.

As a 16-year resident of the City of Batavia, DiFante has held senior executive roles in Western New York businesses including: director of Efficient Customer Support for Rich Products Corp., in Buffalo; executive vice president at P.W. Minor, in Batavia; and as executive director of Agape Counseling Associates, in Rochester. She also maintains a consulting business, StandOUT Results, in which she has worked with chief executive level clients to facilitate the development of data-based strategic plans and design and provide leadership training for senior and mid-level managers and supervisors in approximately 23 different industries.

DiFante has served in several local leadership positions and is a current member of the Board of Education for the Batavia City School District. She is also a veteran with the Air Force Reserves, graduate of the inaugural class of Leadership Genesee, past board member of the Genesee YMCA, Rochester Area Triathletes, and currently serves as an advisory board member to the Citizens Against Teen Suicide (CATS) group in Rochester.  

Pier Cipollone, 4th Ward council member who participated in the interview process, said, “I believe Gretchen has the management and leadership qualities that will allow her to assimilate into her new role easily. She has a familiarity with city staff and along with her abilities as a skilled facilitator should enable her to become productive almost immediately. I believe she will be a great asset to the City.”

City Manager Jason Molino added, “Gretchen has unique leadership skills that enable her to easily gain trust at every level within an organization while also being able to quickly understand and strategically assess the operations in multiple industries.”

She has provided periodic consulting to the City of Batavia over the past four years and was instrumental in helping to develop, expand and evaluate the City’s strategic plan that was recently awarded the Strategic leadership & Governance Program Excellence Award from the International City/County Management Association.

“As a resident and business owner, Gretchen has built very successful relationships with many businesses and organizations not only in Batavia and Genesee County, but throughout Western and Upstate New York,” Molino said. “When Gretchen’s leadership skills and experience were combined with her great sense of passion and enthusiasm to serve this community, she quickly became the obvious choice to join our management team. I am looking forward to working with her in achieving the City’s vision.”

Gretchen lives with her husband, David, a sargeant in the Rochester Police Department, and they have five children: Lauren (21), stationed with the Air Force at Nellis AFB in Nevada; John (20), a student at Genesee Community College; Nina (17), a graduating senior at Batavia High School; Elena (13) and Ava (9) who are in seventh and third grade at Batavia Middle School and John Kennedy, respectively.

They are members of Northgate Free Methodist Church in Batavia where Gretchen periodically volunteers time to conduct job search and interviewing workshops for newly graduated college students and adults seeking employment.

DiFante holds a BA in Communications from Auburn University and a MS in Management from Keuka College.

She will begin transitioning to the position in early July and will be full time by the first week of September at an annual salary of $75,950.

City Manager Jason Molino encourages all Batavia residents to celebrate this appointment and welcome DiFante to her new position.

Photos: 2014 Batavia Muckdogs tuning up for new season

By Howard B. Owens

New Muckdogs -- and some returning -- have been arriving in Batavia this week and starting workouts with their new teammates.

The first home game of the season is at 7 p.m., Saturday, at Dwyer.

Manager Angel Espada, in his second season in Batavia, said the staff will have some good young arms and pitching should be a team strength during the 2014 campaign.

"At this level the most important thing is you help them develop," Espada said. "Pitching and defense (are) going to dictate, at any level, but especially at this level.

"I think our pitching should be solid," he added.

Leading the staff, at least out of the gate, will be Gabriel Castellanos, Jorgan Cavanerio, Jose Adames.

Position players to watch include Aaron Blanton, Kevin Grove and Ryan Aper.

The Muckdogs are an affiliate of the Miami Marlins.

Yesterday's workout was cut short by a cloudburst.

For the full season schedule, click here.

Photos: Vietnam Moving Wall escorted from Batavia to Pembroke

By Julia Ferrini

A motorcade of several motorcycle organizations, as well as, state, county and local police, firefighters and first responders, escorted the Vietnam Moving Wall from Batavia to Pembroke Wednesday morning.

The 17-mile trek was spotted with patriots waving flags and holding signs.

Upon reaching the town park in Pembroke, veterans and supporters who participated in the escort held a brief, solemn ceremony to commerate the wall's arrival.

The effort to bring the moving wall back to Genesee County for another visit was spearheaded by members of the Oakfield-Alabama American Legion Post 626, with support of area community members.

A dedication ceremony at the park begins today at 11 a.m. For more information, click here.

Car hits pole in front of Burger King, Batavia

By Howard B. Owens

A car vs. pole accident in reported in the area of 230 W. Main St., Batavia.

That's in the area of the Burger King.

A person reports a possible neck injury.

There are also fluid leaks.

Batavia PD is on scene.

Batavia fire and Mercy EMS dispatched.

UPDATE 9:48 a.m.: A second ambulance is requested to the scene.

UPDATE 10:20 a.m.: Engine 11 is back in service.

The driver of a tractor-trailer carrying steel beams said he was eastbound on West Main when he noticed the driver of the sedan pulling out of the Burger King parking lot. He said he could see the driver looking right, but he never looked left. The truck driver saw that the car driver was going to pull out into traffic without stopping. The truck driver was able to pull over into the inside lane. Even with the evasive maneuver, the car still caught the rear tire of the truck, spinning it into the utility pole. The truck driver thinks the accident would have been much worse if he hadn't moved over.

Butterfly bench dedicated at Batavia Peace Garden

By Howard B. Owens

Friends of the Batavia Peace Garden dedicated a new bench -- a bench with the wings of a butterfly -- Wednesday afternoon.

The steel was laser cut by Oxbo International, of Byron, and the welding was completed by Barone's Welding, of Batavia. Paint was supplied by Mosman's and the Melody Barbeau Family, of Florida. The painting was completed by Old World Collision.

Pictured above, front row, Carol Grasso, Bernada Scoins, Barb Toal, Rob Barone and Steve Merritt (Oxbo).

Barb Toal making a dedication speech.

The bench from behind.

Carol Grasso's new puppy liked the bench.

Community honors, family mourns, an 'American Soldier'

By Howard B. Owens

Sgt. Shaina Schmigel was remembered Wednesday with tears and tenderness and lauded for her honor, duty and service to her country.

Hundreds of people in Genesee County turned out to pay tribute to the 21-year-old Army paratrooper who died while serving her country.

Schmigel was from Batavia and attended high school in Medina and her life and news of her death touched people from throughout Western New York.

Her funeral was at Michael S. Tomaszewski Funeral & Cremation Chapel on West Main Street Road. Following the service, her flag-draped casket was loaded into a hearse by a military honor guard. The hearse was escorted to the cemetery in Corfu by the Patriot Guard Riders and Hogs for Heroes Foundation.

Along the route, residents, construction workers, firefighters and schoolchildren lined the roadway, waving flags, carrying signs and snapping salutes as a show of respect to Schmigel and her service to the nation.

A friend said family members were touched by the tribute.

Schmigel died on May 30 in a nighttime training accident at Fort Bragg, N.C.

“You are so brave, so courageous,” her brother Matthew Scroger, of Lackawanna, wrote in a letter read by Navy Chaplain Rev. David Glassmire during the service at Tomaszewski's. “Your beautiful spirit, love and energy will forever take care of us.”

“For some people it’s just a paycheck, but it was never a paycheck just to her,” said Staff Sgt. Scott Kuznia who worked in the same unit with Schmigel for two and a half years. Kuznia added, “She was outstanding. She loved being a paratrooper and a soldier.”

Schmigel loved NASCAR and country music. As part of the service, two country songs were played, Toby Keith's “American Soldier” and “Courtesy of the Red, White and Blue.”

“Thank you for being so brave and serving our country,” her 16-year-old sister Sheniqua Samol, of Medina, shared in a letter read by the chaplain. “What will I do without you? I will survive, but I will never be the same.”

Portions of this story provided courtesy Tom Rivers, OrleansHub.

Top Photo, Shaina's mother, Karie Schmigel, with the flag that draped her daughter's coffin, following the service in Corfu.

Law and Order: Maple Street resident arrested after alleged domestic incident

By Howard B. Owens

Eric Marc Chiddy, 36, of Maple Street, Batavia, is charged with assault, 3rd, criminal obstruction of breathing, unlawful possession of marijuana and obstructing governmental administration, 2nd. Chiddy was arrested following an investigation into an alleged domestic incident on Maple Street. He was jailed on $2,500.

Travis C. Bauer, 25, of Water Street, Oakfield, is charged with DWI and unlawful possession of marijuana. Batavia PD responded to a complaint at 11:43 p.m. Friday of a sick or intoxicated driver on West Main Street. After an investigation by officers Peter Flanagan and Chad Richards, Bauer was charged.

Timothy Blase Antinora, 23, of Swamp Road, Brockport, is charged with aggravated unlicensed operation, 3rd, and unlawful possession of marijuana. Antinora was stopped for alleged traffic violations at 4:09 p.m. Monday on North Lake Road, Bergen, by Deputy Joseph Corona.

City firefighters announce annual 'Fill the Boot' campaign for June 20

By Howard B. Owens

The annual "Fill the Boot" campaign comes to Batavia again Friday, June 20.

Off-duty City firefighters, members of IAFF Local 896, will position themselves on Ellicott, Court and Main and collect spare changes and donations from passing drivers.

This years cochairs for the event are Jeff Stevens, left, and Greg Ireland.

City firefighters have been participating in the fundraising event for MDA for 20 years.

Last year, they helped raised $8,500, which was a new record in donations locally.

Money collected benefits the children who are diagnosed with any of the more than 40 neuromuscular diseases that fall under the MDA umbrella, including ALS, commonly known as Lou Gehrig's disease.

Donations cover everything from wheelchairs to braces, physical therapy sessions to summer camps for those afflicted.

On narrowest margin, council approves $1,900 for Downtown flowers

By Howard B. Owens

WBTA contributed to this story.

It took the City Council 20 minutes to debate whether the city should reimburse the Business Improvement District $1,900 for flowers.

In the end, the resolution passed 5-4, but not before some sharp words where shared in the council chambers.

Councilwoman Rose Mary Christian looked around the room during the debate and wondered why Don Burkel, BID director wasn't there, "so we could rip his ass."

The request for the reimbursement didn't quite come from Burkel, however, it came from Councilman John Canale, who invited Burkel to submit a request for reimbursement. Canale saw it as a symbolic gesture to show common cause between the City Council and the business community. 

Councilwoman Kathy Briggs said the city already does enough for Downtown. The sidewalks are clean, the medians are beautiful and city crews hang the flower baskets.

"The fact is, we just saw this for the last time in our last packet and I'm like, 'oh, what's this,' " Briggs said. "The fact that a few council people were talking about it beforehand, planning it, then why didn't we know about it in a committee report? Why weren't we told about it. I got it in my packet and I'm like, 'what's this?' They didn't come to us at budget time. If you want this done, come to us and let's talk about it, but for me to find it in my packet and then decide it, no."

Councilman John Deleo also opposed the idea.

“I promised voters I would be financially responsible with their money,” Deleo said, “but flowers don’t rise to that level.” 

“It’s not just about making Downtown pretty,” countered Councilwoman Patty Pacino, “it is about making Downtown attractive to new and existing businesses.”

The BID fronted about $3,900 for the hanging baskets.

"I supported Vibrant Batavia because I wanted to bring pride back to the city," said Councilman Pier Cipollone, who spoke at length about the need to restore pride in Batavia. "If more people have pride they'll have a better feeling about being Downtown."

Also Monday: 

The city spent a total of $10,700 during the last fiscal year defending itself against a lawsuit filed by the City Centre Mall Association.

The figure was obtained by resident John Roach through a Freedom of Information Request. Roach complained that the bills he obtained were not “itemized.”

City Manager Jason Molino countered that Roach only requested a total amount for mall litigation and if an itemized accounting was requested, it could be provided.

The legal services summarized in the 2012-2013 fiscal year were incurred before the city filed a countersuit against the Mall Association earlier this year.

Sgt. Shaina Schmigel receives patriotic escort through Genesee and Orleans counties

By Howard B. Owens

A casket bearing the body of Sgt. Shaina Schmigel, the Batavia native and Medina High School graduate, was escorted through Orleans and Genesee counties today by State Police and the Patriot Guard motorcycle group.

At about 7:30 p.m., the procession reached Michael S. Tomaszewski Funeral & Cremation Chapel, on West Main Street Road, where it was greeted by a gathering of family friends and supporters.

In a solemn event, Schmiegel's casket was carried into the funeral home, where it will lie in state until Sgt. Schmigel's funeral at 11 a.m., Wednesday. There will then be a funeral procession to Corfu for burial at noon.

Calling hours for family and friends are tomorrow from 2 to 8 p.m.

Sgt. Schmigel's awards and decorations include the Army Commendation Medal, Army Achievement Medal (2), Army Good Conduct Medal (2), National Defense Service Medal, Iraq Campaign Medal with one Campaign Star, Global War on Terrorism Service Medal, Army Service Ribbon and the Parachutist Badge.

She will be buried with full military honors.

A paratrooper, Sgt. Schmigel died of an as yet undetermined cause during a training exercise at Fort Bragg, N.C.

UPDATE: Very nice coverage of the procession through Medina by Tom Rivers at OrleansHub.com.

Body of fallen Iraq War vet returning home today

By Howard B. Owens

Flags have been placed on both sides of West Main Street Road, Town of Batavia, adjacent the Michael S. Tomaszewski Funeral & Cremation Chapel, to honor Sgt. Shaina Schmigel, a paratrooper who died during training last week.

Schmigel is a decorated Iraq War veteran.

Born in Batavia, Schmigel went to high school in Medina.

The Patriot Guard escorted her casket into Genesee County and then to Medina. The procession is expected in Batavia around 7:15 p.m.

Rita Towner helped organize an effort to use flags from Redfield Parkway to line West Main Street. She's asking that any residents along the route today and Wednesday (when the funeral procession will travel from Batavia to Corfu) to put out any flags they have in the parkway or along the roadway.

Below is a video from Route 77 in Pembroke that was submitted by a reader.

UPDATE: Also participating in the flag placement: Kathy Owens, Dennis Altman, Spencer Towner, Laura Mullen, Quinton and Michelle Taylor, the Browns, Lynn Conroy and her cousins.

Law and Order: Woman charged with DWI following accident on Lewiston Road

By Howard B. Owens

Pauline J. Hensel, 61, of Lewiston Road, Batavia, is charged with DWI, aggravated unlicensed operation, leaving the scene of an accident, and refusal to take a breath test. Police officers responded at 6:39 p.m. Saturday to Lewiston Road for the report of an erratic driver involved in a property damage accident. A vehicle was located at 8351 Lewiston Road and Hensel identified herself as the driver, according to Batavia PD. She was arraigned and jailed on $3,000 bail.

Marquis D. Flowers, 22, of Carter Street, Rochester, is charged with unauthorized use of a motor vehicle, 3rd. Flowers was arrested by Rochester PD and turned over to Batavia PD on an arrest warrant. Flowers was wanted for alleged unauthorized use of a motor vehicle on May 8 in the City of Batavia. Flowers was jailed on $1,000 bail.

Shane Allen McMurray, 34, of Lancer Court, Depew, is charged with DWI and driving with a BAC of .18 or greater. McMurray was arrested following a report at 8 a.m., Sunday, of a vehicle parked on a residential lawn on Alleghany Road, Alabama, with an apparently intoxicated driver. The complaint was investigated by Deputy Chris Parker. McMurray's BAC was allegedly three times the legal limit.

Justin David Cotter, 22, of Lehigh Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, and consumption of alcohol in a motor vehicle. Cotter was stopped at 7:50 a.m. Sunday on Dorman Road, Batavia, by Deputy Bradley Mazur.

Cindy Bush, 52, of Batavia, is charged with harassment, 2nd. Bush was arrested by State Police for an alleged incident reported at 10:29 a.m. June 4. She was jailed on cash bail. No further details released.

(Name Redacted Upon Request), 18, of Batavia, and a 17-year-old from Caledonia, are charged with petit larceny. Both are accused of stealing from a location in the Town of Batavia. They were arrested by State Police. No further details released.

100 Years Ago: referendum on proposed city charter

By Larry Barnes

Batavia officially became a city on January 1, 1915 after having been an incorporated village since 1823. The transition involved a progression through several steps during 1914. During 2014, I will be acknowledging each of these events 100 years after their occurrence.

On this date 100 years ago, June 9, 1914, Batavians went to the polls to vote in a referendum on the proposed charter that would make Batavia a city. Earlier in the year, there had been two different proposals before the State legislature with one providing for a city government run by a city manager and five nonpartisan councilmen elected at large. That proposal failed to gain sufficient support from assemblymen and senators. So, the proposal now before voters in Batavia was a second one which had passed the Assembly and Senate and had been signed by the Governor. This second proposal featured a mayor, six city wards, and a council person from each ward, all with party affiliations.

Earlier in the year, a straw vote had been taken among Batavians on this second proposal, but many questions had been raised about the voting procedure. While the second proposal seemed to have voter support at that time, there was enough doubt about the matter to warrant voting again. Consequently, when the second proposal was passed by the Assembly and Senate, it had been amended to require a referendum on June 9th. If voters failed to again support the proposal at that time, Batavia would not become a city despite approval by the State legislature.

And so, on June 9th, Batavians once more went to the polls. The turnout was not very high, resulting in only a little more than half of the ballots normally cast in village elections. It was not clear what that might signify and it made some supporters of the second proposal a little nervous.

As it turned out, no one needed to worry. One-thousand and seven ballots were cast, with 795 yeas and 212 nays. Thus, after several years of discussion and debate, Batavia was finally going to become a city. All that remained was to elect the new government in upcoming December elections. Who would be elected to serve? In six months, I will let you know.

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