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Law and Order: Littering arrest made in the city

By Howard B. Owens

Winston A. Lockhart, 18, of 3 Lewis Place, Batavia, is charged with littering. Batavia PD officers Frank Klimjack and Darryl Streeter allegedly observed Lockhart toss a lit cigarette onto the parkway on Lewis Place. The officers reportedly asked Lockhart to pick up the cigarette and dispose of it properly. After he refused, the officers arrested Lockhart for an alleged violation of the Batavia Municipal Code.

Miguel Angel Dejesus, 66, of Perry Road, Pavilion, is charged with forcible touching. Dejesus is accused of forcibly touching the genital area of a woman. He was jailed on $2,000 bail.

Alexander Colon-Colon, 19, of Swan Street, Batavia, is charged with sexual misconduct. Colon-Colon is accused of having sexual intercourse with a 15-year-old female. Under state law, a 15-year-old is unable to consent to sexual conduct.

Philip C. DeGraff, 45, of 81 Walker Road, Perry, is charged with aggravated harassment, 2nd. DeGraff allegedly threatened to kill another person. He was jailed on $1,000 bail.

Sharon E. Herdtner, 51, of 25 North St., upper, Batavia, is charged with disobeying a court mandate. Herdtner allegedly refused to appear for the Grand Jury after being served a subpoena at Batavia PD headquarters on Oct. 28.

Vibrant Batavia announces fall clean-up effort

By Howard B. Owens

Press release:

Vibrant Batavia and the Batavia Ramparts Squirt Travel Hockey Team will be assisting residents in a fall clean-up on November 10th from 10 a.m. to 2 p.m. We will cover the following streets: parts of Bank Street, parts of North Street, Tracy Avenue and parts of Hart Street.

The clean-up will consist of: leaf raking, debris clean up and removal of pumpkins, corn stalks and hay bales. Trucks will be provided by volunteers to transport the pumpkins, corn stalks and hay bales to the waste Center that day. For residents interested in removal of these items that are unable to participate, please leave them by the street so we know you wish for us to take them. Volunteers should bring their own rake, gloves and, of course, dress appropriately for the weather.

Invitations were distributed to these residents to inform them of the clean-up effort. Terri Clingerman, a Bank Street resident, helped go door to door on Monday. Clingerman said “this is a great way to get people out of their houses and make it a collaborative effort to do a neighborhood clean-up, while getting the chance to meet neighbors." We will also promote this event through our Facebook page to remind residents of the event.      

Bob and Char Grimm, residents of 59 Tracy Ave., will be hosting a lunch for all of the volunteers and residents from the streets included in the clean-up. Lunch will be held at noon and will be provided by Vibrant Batavia. We welcome all that wish to come out and meet with your neighbors.

Grimm said, “I am happy to host along with volunteering my time for a street-wide clean up. ... this is a great opportunity for our youth to take part in a community service effort, as it teaches them how to work together as a team."

The intent of this clean-up is to open the lines of communication between these specific neighborhoods and work toward getting these residents interested in working on future activities. 

Vibrant Batavia is a community network organized to celebrate the past, build on the present and to create a more vibrant future. The volunteers work side-by-side with the City of Batavia, NeighborWorks® Rochester and the business community to strategically improve the City's neighborhoods and to promote a livable community of choice. 

For more information about Vibrant Batavia or NeighborWorks contact Leanna Di Risio at leanna@vibrantbatavia.com or by phone at (585) 738-7388.

GOP posts landslide sweep in crowded field for three City Council seats

By Bonnie Marrocco

It was a clean sweep for the GOP in Batavia's race to fill three at-large seats on the City Council in a year when the party was facing a new challenge from local Libertarians for the first time.

Eugene Jankowski Jr., Brooks Hawley and John Deleo easily secured four-year terms on the council.

Libertarians Jim Rosenbeck and Lisa Whitehead finished eighth and ninth in the crowded field.

Hawley, the lone incumbent among the winners, got 1,179 votes, according to the still unofficial tally.

"We visited almost every street and home in Batavia,” Hawley said. “People saw how dedicated we are and they believe we will use that dedication in City Council as well.”

Hard work was part of the GOP strategy this year, said city Chair Matt Landers, who acknowledged the Libertarian presence on the ballot and the fact the new local party was out working hard helped motivate the Republicans.

“They were working very hard and they are an upstart group with a passionate base and we definitely took them seriously,” Landers said.

Rosenbeck received 358 votes and Whitehead 243 votes. 

The low vote totals didn't discourage party Chairman Phil Ricci at all, who told the party members at their election headquarters at Larry's Steakhouse that Rosenbeck would become the committee chairman of the party's new city committee.

“We started with a small group of concerned, like-minded citizens, set with the task of creating an alternative to the existing political parties,” Ricci said. “That little ragtag group grew into a solid core group of committed individuals who felt strongly enough about our core principles, and even stronger about the lack of real choice, to give it a go.”

Jankowski, a former Batavia PD lieutenant, said after a hard-fought campaign, he's ready to get to work, serving his community in a new capacity.

"We work well together, people respect us and they want us to be their leaders in the community," said Jankowski, who received 1,269 votes.

Deleo, who garnered 1,309 votes, said the three winners will make a good team going forward, just as they did as campaign mates.

“We all have our own strengths and together it works for the best,” Deleo said.

Rosenbeck remained upbeat about the Libertarian effort.

“It has been a success and we wish the GOP well,” Rosenbeck said.

Rounding out the field were Diana Kisiel Kastenbaum, 586 votes, Thomas Clark, 552 votes, John Demske, 631 votes, and Rose Mary Christian, 406 votes.

Katenbaum, a Batavia native who moved away for many years and then returned to her hometown vowed to stay involved in her community.

 “I sit on a couple boards, Go-Art and Landmark Society, and I will continue working for the citizens of Batavia,” Kastenbaum said. “As a citizen I can be as active as I choose to be and I hope to be.”

For complete election results visit WBTA.com.

Top Photo (by Howard Owens): Phil Ricci speaks to Libertarian Party members.

John Deleo, Joe Gerace and John Roach watch the election results get posted at the GOP headquarters for the night at City Slickers (photo by Howard Owens).

Police looking for man who reportedly displayed handgun during confrontation on Hutchins Place

By Howard B. Owens

Batavia PD is setting up a search area around State Street after a report of some sort of confrontation involving a black male who opened a jacket and displayed a handgun.

The incident was reported on Hutchins Place.

UPDATE 12:03 a.m.: Batavia PD officers have been told they can break down their perimeter and resume their regular patrols. No word on whether the suspect was located.

Grand larceny charge upgraded against three men accused of stealing from Walmart

By Howard B. Owens




Michael Dawson
Keith Brantley
Eric Strong

Two Rochester men arrested Oct. 17 for an alleged brazen act of thievery at Walmart are facing upgraded charges after the ongoing investigation uncovered another alleged theft from the store two days earlier.

Eric L. Strong, 53, Michael Dawson, 50, and Keith Brantley, 43, are now charged with grand larceny, 3rd, an upgrade from the original fourth-degree grand larceny charge.

A review of store surveillance video by a Walmart Loss Prevention Officers found the three men allegedly in the act of stealing $947 in merchandise.

They had already been accused of stealing $2,126 in merchandise by loading it in a shopping cart and wheeling it out the door.

Strong also faces a new charge of petit larceny for allegedly stealing merchandise valued at $242.69 on Oct. 1.

All  three are being held without bail.

Batavia Historic Preservation Commission presents plaques to six designated landmarks

By Howard B. Owens

Press release:

Saturday afternoon, the City of Batavia Historic Preservation Commission presented bronze plaques to the owners of six locally designated landmarks in a ceremony held at Sweet Ecstasy Bakery. The ceremony is one that occurs every few years and plaques presented in previous ceremonies can be seen around Batavia. The plaques include the date the landmark was erected and the words, “City of Batavia Historic Landmark.”

Plaques presented today were for: the old city hall (former Brisbane Mansion); the Bonarigo & McCutcheon law office at 18 Ellicott St. (former St. Mary’s rectory); the former Genesee County Sheriff’s office at 14 W. Main; Dr. Anna Lamb’s office at 7 Evans St. (former gas holder building); the Sharon Johnson residence at 44 Roosevelt Ave.; and the former Doty Mansion at 123-125 Jackson St. Owners of these buildings, in accepting the plaques, have agreed to display them on the exterior of their structures in locations readily visible to the public.

The City of Batavia Historic Preservation Commission, established in the mid-1990s, works to recognize and help preserve Batavia places and buildings of historic significance. More than 40 properties have been designated as landmarks over the course of the Commission’s existence.        

Photo: Joan Barton, chair of the Historic Preservation Commission, presenting plaque to Ben Bonarigo.

Law and Order: Driver involved in accident on East Morganville Road charged with DWI

By Howard B. Owens

Randall M. Dennis, 67, of Keeney Road, Le Roy, is charged with DWI and moving from lane unsafely. Randall was reportedly involved in a motor-vehicle accident at 5:50 p.m. Sunday on East Morganville Road, Stafford. His truck left the roadway, struck a sign and guide rail before traveling down a steep earth embankment into a shallow creek. The investigation is ongoing and there may be additional charges. Dennis was transported by Mercy EMS to Strong Memorial Hospital with minor injuries.

Byron Gilbert Keller, 18, of no permanent address, is charged with trespass. Keller was reportedly in another person's vehicle on Route 20, Alexander, while it was parked in a driveway. Keller allegedly refused to leave. Additional charges are possible.

Patrick O'Neil Spikes, 32, of Hutchins Street, Batavia, is charged with criminal contempt, 2nd. Spikes was allegedly a passenger in a vehicle driven by a person he is prohibited by court order from being with. The driver was stopped for allegedly driving on a suspended registration, suspended license and no insurance.

A 16-year-old from Batavia are charged with two counts of petit larceny. The youth was allegedly caught shoplifting at Walmart and during the investigation was found to be a suspect in a shoplifting case from the previous day. The youth allegedly stole $276.57 in merchandise on one occasion and an unknown amount on the second.

Elizabeth A. Graff, 32, of Batavia, is charged with petit larceny. Graff is accused of stealing from an unspecified location. She was arrested by State Police. No further details released.

Photos: Town of Batavia ladder truck used for water rescue training at Indian Falls

By Howard B. Owens

The Town of Batavia Fire Department's new ladder truck was used in a unique way this morning -- to practice a water rescue at Indian Falls.

Many times over the years people have fallen at the falls and rope teams have been brought in for a precarious rescue that involves climbing down steep cliffs and/or crossing rapid waters. 

Today, the rescue team trained with the ladder extended over the falls and being lowered down to the water for a practice rescue.

Also participating were Pembroke and Indian Falls.

Photos courtesy Town of Batavia Fire Department.

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Two-car crash at Route 63 and Batavia Oakfield TL Road

By Billie Owens

A two-car accident with injuries is reported at Route 63 and Batavia Oakfield Townline Road. It is blocking traffic. Mercy medics, law enforcement and Town of Batavia Fire Department are responding.

UPDATE 4:06 p.m.: There are three or four injuries; one of the patients is a child. A second Mercy rig is requested.

UPDATE 4:13 p.m.: A third ambulance is requested. There is a total of four patients.

UPDATE 4:27 p.m.: The roadway is no longer blocked.

UPDATE 4:31 p.m.: Two of the ambulances are taking patients to Erie County Medical Center; no word yet on the destination of the remaining rig.

UPDATE 4:50 p.m.: The last rig is also going to ECMC. The assignment is back in service.

Amerk's mascot Moose makes guest appearance at St. Joe's Halloween party

By Howard B. Owens

The Rochester Amerks mascot "Moose" paid a visit to St. Joe's for the school's Halloween party Friday night as a special guest of Matthew Neal, 10.

Matthew won the visit when he went with his father, Herb, to an Amerks game on "Halloween Night." Dressed as Willy from the TV show Duck Dynasty, Matthew won that night's costume contest as decided by the fans.

Originally, the prize was for Moose to go trick-or-treating Halloween night with the contest winner, but because of weather concerns prior to Halloween night, the Amerks scheduled Moose for the party at St. Joe's.

Photo by Alecia Kaus. Information provided by Herb Neal.

Tot found wandering along Main Street allegedly without supervision

By Billie Owens

A resident of Hutchins Street reports finding a 3-year-old child wandering on Main Street in the city and could find no parent or guardian. So the person brought the child home and called police, who are on scene.

UPDATE 6:06 p.m.: Police are continuing to try and locate a family member of the child, but at this point they have no idea who that is. The on-call DSS case worker is being contacted "because we might need some assistance with child care," says an officer.

UPDATE 6:20 p.m.: It's been determined that the child lives on South Swan Street.

Car's gas tank falls off in Le Roy, but had been leaking along the route from Batavia

By Billie Owens

The gas tank on a passenger vehicle is reported to have fallen off in the area of Bank and North streets in Le Roy. Police responded and determined that the gas tank had been leaking "over a wide area" -- on the trip from Batavia to Le Roy. An officer is speaking with a rep from the Department of Environmental Conservation to determine what, if anything, should be done in terms of cleaning up the spill.

UPDATE 6:09 p.m.: The Le Roy assignment is back in service. The DEC determined nothing needed to be done.

One year later, move to Downtown Batavia has paid off big time for local business owner

By Howard B. Owens

The absolutely best thing Amy Worthington ever did for her business was move it to Downtown Batavia, she said.

In locating Amy's Fluffy Friends on Ellicott Street near the intersection of Liberty, she has given her business more visibility and the Business Improvement District has given her more avenues to promote her shop and get involved in the community.

"I participated in the Wine Walk, the Sidewalk Sale, the OktoberFest with the Rotary Club and I'll be part of Taste of the Holidays," Worthington said. "They've been reaching out to businesses to get more involved, and I'm all for that, to bring more feet to Batavia."

Worthington moved her dog grooming business from Corfu one year ago today because with her son starting school at Jackson, she wanted her business to be located closer to her family. Most of her clients were from Batavia and they told her, she said, that if she was in Batavia, they would make more appointments.

"And I wanted to be where I called home," she said. "This is where I grew up."

The move has been a stunning success.

A year ago, she hadn't even cracked 150 clients. Today, she has 375. That's an impressive 150-percent growth in business in just 12 months.

The success has allowed her to expand a bit. She's also started selling some retail items, such as collars and leashes.

Clients have requested more services, so now she does teeth cleaning, she said.

Worthington said she's blown away by how well the move worked out for her.

"I can't believe it," she said. "I love it."

Grand Jury indicts man for first-degree rape of girl less than 11 in City of Batavia

By Billie Owens

These are the latest indictments issued by the Genesee County Grand Jury:

Terrel A. Goodson, an adult male, is accused of predatory sexual assault against a child, a Class A-II felony. It is alleged that on Sept. 2, Goodson committed first-degree rape in the City of Batavia by engaging in sexual intercourse with a girl less than 11 years old. In count two, he is accused of the same crime by engaging in oral sexual conduct with a girl less than 11 years old. In count three, he is accused of first-degree sexual abuse, a Class violent felony, for allegedly subjecting a minor under the age of 11 to sexual contact.

Timmy L. Taylor is indicted on five counts of first-degree criminal contempt, Class E felonies, for allegedly violating a court order of protection in October in the City of Batavia. It is alleged that Taylor intentionally placed, or attempted to place, a protected person in reasonable fear of physical injury, serious physical injury or death by repeatedly following the person or engaging in a course of conduct or repeatedly committing acts over a period of time. He allegedly violated the court order of protection in the City of Batavia on Oct. 6 and Oct. 20 with the intent to harass, annoy, threaten or alarm a protected person or otherwise subject that person to physical contact or threatened to do so. He's accused of striking, shoving, kicking or otherwise subjecting the protected party to physical contact or threatening to do so. He's is accused of intentionally placing, or attempting to place, the protected party in reasonable fear of death, imminent serious physical injury or physical injury. In counts six and seven, he is accused of third-degree assault, a Class A misdemeanor, for allegedly intending to cause physical injury to another person, causing injury to such person or to a third person on Oct. 6 and 20th, respectively. In counts eight and nine, he is accused of second-degree strangulation, a Class D violent felony, for intending to impede normal breathing or circulation of blood to another person, applying pressure on the throat or neck of the person, thereby causing stupor, loss of consciousness for any period of time, or any other physical injury or impairment, on Oct. 6 and 20th, respectively. In count 10, he's accused of first-degree coercion, a Class D felony, for compelling or inducing a person to engage in conduct which the person had a legal right to abstain from engaging in or, conversely, the person had the right to engage in legally. This allegedly was done on Oct. 20 by instilling fear of physical injury. In count 11, Taylor is accused of second-degree unlawful imprisonment, a Class A misdemeanor, for allegedly restraining another person on Oct. 20.

Leon C. Bloom Jr. is accused of first-degree burglary, a Class B felony, for entering or remaining unlawfully inside a dwelling on Fordham Drive in the City of Batavia late on Sept. 22 or early on Sept. 23 with the intent of committing a crime. In so doing or in fleeing the scene, it is alleged he physically injured a person who was not a participant in the alleged crime. In count two, he's accused of strangulation in the second degree, in the same incident, for allegedly intending to impede normal breathing or circulation of the blood of another person, applying pressure to the person's throat or neck thereby causing stupor or loss of consciousness for any period of time or any other physical injury or impairment. In count three, Bloom is accused of third-degree assualt, a Class A misdemeanor, for intending to cause physical injury to another person or causing such injury to the person or a third person.

Matthew J. Vandorn is accused of third-degree burglary, a Class D felony, for allegedly knowingly entering and remaining unlawfully in a barn on Dillon Road in the Town of Pavilion on July 4th or 5th. In count two, he is accused of fourth-degree grand larceny, a Class E felony. He allegedly stole property valued at more than $1,000 in the Town of Stafford on July 1st or 2nd, specifically two Yamaha motorcycles, made in 1994 and 2005, respectively. In count three, he is accused of criminal possession of stolen property, 4th, a Class E felony. It is alleged that between July 1 and July 18 in the Town of Stafford he knowingly possessed stolen property with the intent to benefit himself or someone other than the owner, or to impede the recovery of the property by the owner. The property's value was more than $1,000 -- the two motorcycles noted in count two of the indictment. In count four of the indictment, Vandorn is accused of third-degree burglary, a Class D felony, for allegedly entering or remaining unlawfully in a building on Batavia-Oakfield Townline Road in the Town of Oakfield on June 29 and June 30 with the intent to commit a crime. In count five, Vandorn is accused of criminal possession of stolen property, 3rd, a Class D felony, for allegedly knowingly possessing stolen property with the intent of benefitting himself or someone other than the owner, or to impede the recovery of the property by the owner and the value of it exceeded $3,000. The property was a Honda TRX four-wheeler and a Yamaha 350 Raptor four-wheeler. In count six, he is accused of grand larceny, 3rd, a Class D felony for allegedly stealing property on June 29 and June 30 valued at more than $3,000, the aforementioned four-wheelers.

Samantha A. Lora is accused of driving while intoxicated, a Class D felony, for driving a 2013 Chevrolet on Interstate 90 in the Town of Pembroke on May 1 while impaired by alcohol. In count two, she accused of the same crime while she had a passenger age 15 or less, which is a Class E felony. In count three, Lora is accused of aggravated unlicensed operation in the first degree, a Class E felony, for operating a motor vehicle while knowing or having reason to know, that her license was suspended, revoked or otherwise withdrawn in the state of New York, and while under the influence of alcohol or drugs.

Jeremy M. Denton is accused of driving while intoxicated as a Class E felony. It is alleged that on May 10 in the Town of Bergen he drove a 2004 GMC pickup truck on Route 19 while intoxicated. In count two of the indictment, he is also accused of having a BAC of .08 at the time.

Law and Order: Two men accused of causing a late night disturbance at McDonald's

By Howard B. Owens

Sean A. Kota, 20, of 7118 Byron Holley Road, Byron, is charged with DWI, refusal to take breath test, and criminal possession of marijuana, 5th. Kota was arrested following a police response to a report at McDonald's of two males in a vehicle in the drive-thru causing a disturbance at 2:30 a.m., Wednesday. Kota was allegedly found in possession of more than 25 grams of marijuana. Kota was jailed on $2,500 bail.

Michael Vincent Pontillo, 20, of 37 Bogue Ave., Batavia, is charged with assault, 2nd, with intent to cause physical injury to a police officer, obstructing governmental administration, 2nd, and resisting arrest. Pontillo was arrested as part of the same alleged incident involving Kota above.

Lance David Compton, 21, of East Main Street, Attica, is charged with unlawful dealing with a child, 1st. Compton is accused of providing alcohol to two people under age 21. Compton was arrested following a traffic stop at 9:09 p.m. Thursday on Lake Road, Bergen, by Deputy Joseph Corona. Cited for alleged possession/consumption of alcohol under age 21 were Christopher Stuart Nevinger, 20, of Eaton Road, Perry, and Cody Kleitz, 18, Espial Drive, Binghamtom.

Reinaldo Roman, 41, of 140 Jackson St., Batavia, is charged with criminal contempt, 1st. Roman is accused of violating a stay away order of protection by being at the residence of the protected party. Roman reportedly has a prior conviction on the same order for criminal contempt, 2nd.

Kasean L. Shannon, 21, of 115 State St., Batavia, is charged with unlawful possession of marijuana and criminal contempt, 1st. Shannon is accused of violating a stay away order of protection and possessing marijuana at the time of his arrest by Batavia PD.

Banjamin G. Evans IV, 25, no current address, Rochester, was arrested on a bench warrant out of City Court. Evans is accused of failure to appear on a criminal possession of a controlled substance charge. Evans was located by Rochester PD and taken into custody. He was jailed on $2,500 bail.

Photos: A full night of treats in Batavia

By Howard B. Owens

After a brief bit of rain, it turned out to be a beautiful evening for trick-or-treating in Batavia. Of course, the biggest crowds of ghouls and goblins and superheros and princesses could be found on Ellicott Avenue, but there are a couple of shots here from Trumbull Parkway, Otis Street and Osterhout.

To purchase prints of photos, click here.

Albion man charged with grand larceny following reports of thefts at Walmart and Home Depot

By Howard B. Owens

A report of a theft from Walmart led to a more in-depth investigation by the Sheriff's Office today and ultimately a grand theft charge against a 49-year-old Albion resident.

Jerry Dean Walls, of East Street, Ablion, is charged with grand theft, 4th, falsifying business records and petit larceny.

Following the report of the initial theft, Deputy Brian Thompson uncovered an apparent additional theft from Walmart and a theft from Home Depot.

The investigation also found that business records at a local pawn shop were falsified.

Walls is accused of committing these crimes. He was arraigned in Town of Batavia Court and jailed on $2,000 bail.

Assisting in the investigation were Deputy Brad Mazur, Sgt. John Szumigala and loss prevention at Walmart and Home Depot.

Photo: Will the real Greg Post please stand up?

By Howard B. Owens

Batavia City Manager Jason Molino started his day dressed for Halloween as Town Supervisor Greg Post. They're pictured with Hiedi Librock. (submitted photo)

At Oliver's today, Umpa Lumpas and Lucy

By Howard B. Owens

If you drove past Oliver's this afternoon, you might have spotted a couple of Umpa Lumpas dancing around out front. By the time I got there, there was only one Umpa Lumpa left on shfit, but several Oliver's employees dressed up for Halloween. Above are Carey Hewitt as a dark angel, Jessica Henry as a bunny, Anna Liles as an Umpa Lumpa and Debbie Palmer as Lucy from her memorable shift in a chocolate factory.

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