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Police locate drug dealer who failed to show up for sentencing

By Howard B. Owens

Police located and arrested a drug dealer yesterday who was accused of failure to appear in County Court for his sentencing and of violating an order of protection while awaiting sentencing.

Officers learned that Charles "Gusto" Williams, 38, was at a residence on Ross Street based on a citizen's tip.

Batavia PD sought the public's assistance in locating Williams after he refused to turn himself in on a warrant.

He was jailed pending his arraignment today.

He was convicted of criminal sale of a controlled substance, 3rd, and criminal contempt, 1st.​

Law and Order: Le Roy resident accused of burglary while violating order of protection

By Howard B. Owens

Nicholas G. Williams, 41, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Williams is accused of unlawfully entering a dwelling in Le Roy with the intent to commit a crime, thereby violating a court order to stay away from the resident. He was also charged with resisting arrest. He allegedly resisted officers when they attempted to place handcuffs on his wrists. He was jailed on $10,000 bail.

Christina M. Sanchez-Anderson, 29, and Kodey R. Mills, 24, both of Church Street, Le Roy, were charged with criminal possession of a controlled substance, 7th. Sanchez-Anderson and Mills were arrested after Le Roy PD responded to a report of a domestic disturbance at 9:30 a.m., Sunday. During the investigation police allegedly observed a crack pipe in plain view in the living room. Mills was released on an appearance ticket. There was a warrant for the arrest of Sanchez-Anderson on an unrelated charge. She was jailed on $1,000 bail.

Lori A. Say, 50, of Roanoke Road, Stafford, is charged with petit larceny. Say is accused of shoplifting from a business on West Avenue in the Village of Le Roy.

James M. Tinker, 25, of Fowler Road, Linwood, is charged with criminal mischief, 4th. Tinker is accused of punching and breaking the window of another person in the Village of Le Roy during a dispute. Tinker was treated for cuts on his hand an issued an appearance ticket.

Chazmar T. Walters, 25, of Myrtle Street, Le Roy, was arrested on a warrant for alleged failure to appear. 

Brian Gilbert Keller, 22, of Sumner Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Keller allegedly spit in the face of another person, a violation of a refrain from offensive conduct order of protection. He was jailed on $10,000 bail, $15,000 bond.

Chicken coop fire near residence reported on Galloway Road, Batavia

By Howard B. Owens

A chicken coop fire is reported at 3246 Galloway Road.

A first responder on scene reports two sheds, one completely on the ground, the other starting to get fully involved, about 50 feet from the residence.

Town of Batavia fire with mutual aid from Oakfield dispatched.

UPDATE 6:48 a.m.: East Pembroke requested to stand by in quarters. The flammables and snowblower removed from the second shed.

UPDATE 6:53 a.m.: Per town command, everything on the road can respond non-emergency. East Pembroke can go back in service.

It's a girl: UMMC announces first baby born in 2018

By Howard B. Owens

Press release:

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United Memorial Medical Center welcomed the hospital’s first baby delivered in the New Year. Madison Marie Fitzwater was born to first-time parents Amanda Inman and Gary Fitzwater at 8:28 am on Jan. 2, 2018.  Madison weighed 6 pounds, 12 ounces and measured 19 inches long.

The family was presented with a stroller and a gift basket that included baby essentials, safety items, blankets, crib soother and a $100 gift card.

United Memorial Medical Center’s Maternity Floor offers private post-partum rooms designed for maximum comfort with relaxing colors, soft lighting, private bathrooms, and reclining couches for guests. UMMC delivered 576 babies in 2017. To learn more about childbirth and maternity at United Memorial Medical Center, visit RochesterRegional.org.

Elected officials react to Cuomo's state of state speech

By Howard B. Owens

Press release from Assemblyman Steve Hawley:

“Although I am glad that the governor did not continue his game of political hide-and-seek with the legislature as we saw last year, wasting large sums of taxpayer money to present over 20 ideas with unsubstantiated legislative backing or confirmed funding sources amounts to little more than an expensive taxpayer-funded speech.

“I am glad to be back in Albany continuing to work hard for the residents of Genesee, Orleans and Monroe counties with my focus on lowing our families’ tax burden, making New York more business-friendly, fully funding our infrastructure and continuing to reform our charitable gaming laws.”

Press release from State Senator Michael H. Ranzenhofer:

“This year, the state of New York is facing a deficit in the billions. The budget must be balanced by restraining spending and not by more taxes for a state that has one of the highest burdens in the nation. It’s time to remove the barriers that inhibit growth in our Upstate economy and enact policies that stem the consistent loss of population of past decades, such as enacting comprehensive regulatory reforms and cutting energy taxes. 

“We should also seriously consider eliminating expenditures for the state’s economic development programs that are not creating jobs, including Start-Up NY and the tens of millions of dollars being spent on television advertising by the Executive.

“By getting our fiscal house in order, we can continue investments in improvements to our community’s transportation infrastructure and water quality, combating the heroin and opioid crisis and ensuring Western New York gets its fair share of state funding for our schools.”

Press release from Congressman Chris Collins:

"The Governor's speech was a pathetic attempt to rile his base, although even they have realized that his political empire is crumbling judging from the fact that the loudest round of applause came when he mentioned the Buffalo Bills. Republicans under President Trump have lowered taxes, rolled back regulations, and are seeing explosive economic growth. In comparison, under Andrew Cuomo, New York is facing a $4 billion deficit, the New York City subway is crumbling, and the FBI has opened an investigation into his hiring practices. New Yorkers deserve better."

Minor injuries reported after truck strikes tree on Bethany Center Road, Bethany

By Howard B. Owens

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One person suffered minor injuries and was transported to UMMC by Bethany's ambulance following an accident at 9:27 p.m. in the area of 11176 Bethany Center Road, Bethany. 

A truck went off the roadway and struck a tree.

Bethany fire and ambulance responded. State Police are handling the investigation.

Photos by Glenn Adams.

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Law and Order: Inmate charged following fight in jail

By Howard B. Owens

Michael Paul Carey, 32, of Main Street, Batavia, is charged with criminal obstruction of breathing or circulation.  Carey is accused of fighting with another inmate in the Genesee County Jail at 11:33 p.m., Monday. Carey allegedly tried to strangle a fellow inmate.

Allea Beth Devos, 30, of Prospect Street, Batavia, is charged with DWI, failure to dim headlights, and refusal to take breath test. Devos was stopped at 9:31 p.m., New Year's Eve, on Ellicott Street, Batavia, by Sgt. Eric Seppala.

Rebecca Sue Hensel, 35, of Pratt Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and speeding. Hensel was stopped at 10:39 p.m., Friday, on Main Street Road, Batavia, by Deputy Mathew Clor.

Edward Jordan White, 22, of Michigan Street, Lockport, is charged with possession of dangerous contraband while confined in the first degree. White, while an inmate at the Genesee County Jail, allegedly possessed an alcoholic beverage at 9:43 p.m., Dec. 26.  He is being held on unrelated charges.

Michaela Rose Leach, 18, of Transit Road, Pavilion, is charged with trespass.  Leach was allegedly found at College Village after being barred from the property four days earlier.

Matthew H. Pape, 26, of Oakfield, is charged with harassment 2nd and endangering the welfare of a child. Pape was arrested by State Police following the report of an incident at 9:49 p.m., Monday, in Oakfield. Pape was jailed on bail. No further details released.

Eric M. Schroer, 22, of Depew, is charged with DWI and driving with a BAC of .08 or greater. Schroer was stopped at 10:03 p.m., on New Year's Eve, at Tensow Road and Bloomingdale Road, Alabama, by State Police.

Elba resident killed in Thruway crash in Depew

By Howard B. Owens

A 64-year-old Elba resident died yesterday following a traffic accident on the Thruway at mile marker 417.2, in Depew, when he was unable to stop in time to avoid rear-ending a tractor-trailer that stopped quickly to avoid another collision.

Edward Torres was transported by ground ambulance following the accident at 1:54 p.m. to Erie County Medical Center where he was pronounced dead.

State Police say Torres was eastbound behind a tractor-trailer that was also eastbound. There was an accident ahead of the truck and the truck came to an abrupt stop. Torres was unable to stop in time to avoid a crash.

There were other people injured and one person remains in serious condition.

The accident remains under investigation.

Skidster on fire inside barn on Norton Road, Elba

By Billie Owens

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A skidster is reportedly on fire inside a barn at 7116 Norton Road, Elba. The barn is 75 feet from a house. Elba Fire Department is responding along with Byron. Stafford is requested to stand by in quarters. The location is between Ford and Edgerton roads.

UPDATE 5:08 p.m.: Fire police are requested to shut down traffic at Route 262 and Edgerton Road. Command at the scene tells responders to "take it easy coming in," due to road conditions.

UPDATE 5:23 p.m.: City Engine 11 and Town of Batavia Engine 24 are on scene, too. This is now a working barn fire.

UPDATE 5:28 p.m.: Fire police also requested for traffic control at the intersection of Edgerton and Norton roads, and at Batavia Elba Townline Road and Norton Road.

UPDATE 6:15 p.m.: This occurred at barns owned by Torrey Farms. The fire did not cause structural damage to the barn. Some hay spread through the barn did catch on fire. But there were 120 cows inside and all of them were unharmed and safely evacuated. Cow trailers are being deployed to shuttle the cows to CY Farms' Heifer Farm, where they will be kept temporarily. It is estimated that it will take about 10 trips to transport the cows for safekeeping.

UPDATE 6:24  p.m.: Elba Fire Chief Mike Heale said the skidster fire sparked some hay but there's no significant structural damage to the barn; some top beams may be singed in places -- a later inspection can confirm that. Heale said there was no extension of the blaze.

UPDATE 6:57 p.m.: Town of Batavia back in service, returning.

UPDATE 7:05 p.m.: Elba back in service. Roads reopened.

UPDATE 7:27 p.m.: Correction, the road is still closed. It is closed until the cows have been moved so the trucks can more safely back in. There is at least one more round trip for the trucks.

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Accident on Thruway in Depew tying up traffic in Genesee County

By Howard B. Owens

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A traffic accident in Depew has closed the New York State Thruway in both directions and that is having an impact on traffic in Genesee County.

Besides the westbound closure from Pembroke toward Depew, Route 77 is also clogged with traffic. It sounds like there is congestion into Corfu.

The traffic camera above shows the eastbound lane blocked in Depew; however, the Pembroke exit 48 camera (below) just started showing eastbound traffic flowing through the area again while westbound traffic is still being diverted off the Thruway in Pembroke.

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Batavia PD raises nearly $2K for charities in November and December

By Howard B. Owens

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Press release:

The Batavia Police Department has closed out the Mo-Vember / Don’t Shave December campaigns for 2017. The department was able to raise $1,320 for Genesee Cancer Assistance during Mo-Vember.

Don’t Shave December raised more than $600 for Genesee County Sheriff’s Jail Deputy Nicholas Bender and his family. Members of the department would like to thank the community for their support and donations.

The Mo-Vember Worldwide Campaign started in 2003 in Australia and has since grown. Mo-vember was started to bring awareness to men’s health; specifically, prostate cancer, testicular cancer, mental health and suicide prevention.

Submitted photo: Sue Underwood, director of Genesee Cancer Assistance, receives a donation check from Officer Frank Klimjack. Also pictured, Sgt. Chris Camp, Officer Jason Davis, Chief Shawn Heubusch, and Officer James Prusak.

Rotary tournament returns for 29th year tomorrow with Notre Dame, Attica, Batavia, and Cal-Mum

By Howard B. Owens

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For the 29th year, the Batavia Rotary Club will host its annual girl's basketball tournament at Genesee Community College starting at 6 p.m. tomorrow.

The club hosted a tip-off luncheon today the Arc Community Center in Batavia.

First game tomorrow pits Notre Dame against Attica and the nightcap matches Batavia and Cal-Mum, the defending champions.

The consolation and championship game will be Friday at GCC.

UPDATE: Because of anticipated bad weather, the finals will be played on Thursday.

Photo: Margaret Sutherland, Notre Dame, Taylor Gadd, Attica, Mackenzie Wilson, Cal-Mum, and Bri Janes, Batavia.

Below, the Attica players who attended the luncheon pose for a group selfie after the event.

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Weather closings for Tuesday

By Howard B. Owens

Here are closings we have been notified about:

  • Mental Health Association is closing with no evening programs for tonight.

There is a weather advisory with 1 to 3 inches of snow predicted through 1 a.m. There is also wind and blowing snow in the county.

Send notifications of closing and postponements to howard@thebatavian.com. Watch this post for further updates. 

Send your weather pictures to howard@thebatavian.com.

'Caring for Kailyn' -- charity event for baby who had brain surgery -- is Saturday night at Sacred Heart center

By Billie Owens

A fundraiser for a family whose 6-month-old daughter is recuperating from brain surgery will be held this Saturday, Jan. 6, at Sacred Heart Social Center in Batavia. It is located at 17 Sumner St.

"Caring for Cailyn" will take place from 5 to 10 p.m. and feature delicious food catered by the Dibble Family Center as well as a cash bar and live music from the OHMS Band. There will also be a Chinese auction and silent auction.

Tickets are $25 and will be available at the door or in advance at Batavia Tailors & Cleaners, located at 52 Ellicott St., Batavia. (No credit cards please, cash or checks accepted.)

Little Kailyn Fenton, of Rochester, is the granddaughter of the owners of Batavia Tailors & Cleaners, Kathy and Jim DuRei. The infant was born with hydrocephalus and had surgery in September to put in a shunt to relieve the fluid build up on her brain.

"She's doing really well now," grandma Kathy says.

The money raised Saturday will help the family offset medical expenses.

Flu prompts visitor restrictions at UMMC starting Wednesday

By Billie Owens

Press release:

To help reduce further transmission of influenza and/or other infectious diseases, Rochester Regional Health is instituting the following restrictions for hospital visitors as of Jan. 3:

  • Visitors will be limited to no more than two people per patient at a time;
  • All visitors must be at least 14 years old;
  • Please do not visit a patient if you feel you are ill, including sore throat, fever, runny nose, coughing, sneezing, or other flu-like symptoms -- even if you have been vaccinated against the flu.

Status as of Jan. 3 (tomorrow):

  • Rochester General Hospital (Rochester) – Visitor restrictions in place
  • Unity Hospital (Greece) –  Visitor restrictions in place
  • United Memorial Hospital (Batavia) – Visitor restrictions in place
  • Newark-Wayne Community Hospital (Newark) – Visitor restrictions in place
  • Clifton Springs Hospital & Clinic (Clifton Springs) – Visitor restrictions in place

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Rochester Regional Health is an integrated health services organization serving the people of Western New York, the Finger Lakes and beyond. The system includes five hospitals; primary and specialty practices, rehabilitation centers, ambulatory campuses and immediate care facilities; innovative senior services, facilities and independent housing; a wide range of behavioral health services; and Rochester Regional Health Laboratories and ACM Global Laboratories, a global leader in patient and clinical trials. Rochester Regional Health is the region’s second largest employer. Learn more atRochesterRegional.org.

Sex offender denied delay in trial on failure to register charge

By Howard B. Owens

A sex offender serving a 15-year prison term and facing a trial on charges that have been pending since 2016 asked County Court Judge Charles Zambito to postpone the trial because he's "in transit" between prisons.

Nobody was quite sure what Marlek Holmes meant by that claim, so as he stood in County Court -- shackled and in a green prison jumpsuit -- he explained to Zambito that in order to make court appearances, he's been transferred from Auburn to Wende. Prison officials limit what he can bring with him. He can't bring all of his case documents and while at Wende he's in isolation and doesn't have access to the law library.

Holmes is facing a trial Jan. 22 on charges that he failed to register a change of address as a sex offender in 2016. During the trial, the court will also hold a hearing on whether he should be declared a persistent violent felony offender.

Holmes was facing a possible life-in-prison sentence before he agreed to a plea agreement the day his trial was supposed to start May 4. He entered a guilty plea to attempted criminal sexual act in the first degree, a Class C violent felony. He was sentenced to 15 years in prison on that conviction May 31.

While he was in jail on these charges, Holmes assaulted a fellow inmate, a crime he was convicted of following a jury trial Oct. 6. He has yet to be sentenced on that conviction.

Zambito told Holmes that he didn't find the prison transfer issue a sufficient reason to delay his trial. He told him he had an attorney, Fred Rarick, who is handling his actual legal defense. He isn't representing himself.

"If it requires an order to get the Department of Corrections to provide you with your paperwork, I'll sign an order," Zambito said.

Jury selection in the trial of Holmes on the failure-to-register charge begins Jan. 22.

A hearing on whether Holmes is a persistent violent felony offender will take place before the actual failure-to-register trial begins, the morning of Jan. 23. The hearing will help determine the severity of his sentence stemming from the Oct. 6 conviction for assaulting a fellow inmate.

Accident with injuries reported at East Main and Ross streets, Batavia

By Billie Owens

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A motor-vehicle accident with injuries is reported at East Main and Ross streets. City fire and Mercy medics are responding.

UPDATE 2:36 p.m.: A second ambulance requested to the scene. The accident is blocking traffic.

UPDATE 2:55 p.m.: One person was transported to UMMC for evaluation. This was a T-bone accident and an officer at the scene said it will be difficult to determine who's at fault because "both claim the light was green."

UPDATE 3:02 p.m.: City fire is back in service.

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Top Items on Batavia's List

Tourism Marketing Assistant Position The Genesee County Chamber of Commerce, serving as the official tourism promotion agency for Genesee County, NY is seeking an experienced marketing professional to assist in the overall Chamber tourism and marketing initiatives for Genesee County. https://visitgeneseeny.com/about/join-our-team
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Town of Batavia Court Department is seeking a part time as needed Court Officer. Court Officers are responsible for maintaining order in the court room and court facility during proceedings. Please send resume to Town of Batavia, Attention Hiedi Librock, 3833 West Main Street Road, Batavia, NY 14020. Complete job description is available on the Town web site or at the Town Hall Application deadline is April 15, 2024.
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