batavia

A man was reportedly lying in the middle of the road at State and Willow streets, then picked up and taken into a nearby residence. It's not known which residence. Law enforcement, Mercy medics and city fire are on scene. Authorities are trying to locate the man and determine his status.

Kevin G. Viehdeffer, 55, of Ellicott Street, Batavia, is charged with second-degree harassment. He was arrested March 7 at 6:30 p.m. following a complaint that he punched a staff member in the chest while being treated at the emergency room at UMMC. He is to appear in Batavia City Court this afternoon. The case was handled by Batavia Police Officer Jason Ivison.

Brandon Michael-Eckerd Valdes, 27, of Burr Avenue, Binghampton, is charged with exposure of a person, second-degree harassment, obstruction and resisting arrest. He was arrested at 1:42 a.m. on March 12 after an incident that occurred a short time earlier on West Main Street, Batavia. He was jailed on $1,000 cash bail, or bond. The case was handled by Batavia Police Officer Eric Foels, assisted by Officer Matthew Wojtaszczyk.

Patrick D. Neaverth, 35, no permanent address, was arrested on March 13 at 6:54 p.m. and charged with first-degree criminal contempt, third-degree criminal mischief, and second-degree burglary. He allegedly damaged a glass door and entered a residence. He was jailed without bail. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Arick Perkins.

Brian Phillip Smith, 56, of Ellicott Street Road, Bethany, is charged with criminal possession of a weapon in the fourth degree. He was arrested on March 14 following an investigation into an alleged domestic disturbance that occurred on Feb. 28. Smith was allegedly found in possession of a stun gun. He was released under supervision of Genesee Justice and is to appear in Town of Bethany Court at a later date. The case was investigated by Sheriff's Deputy Rachel Diehl, assisted by Deputy Ryan DeLong.

Chayse R. Brownlie, 19, of Maxon Road, Attica, is charged with DWI with a BAC of .08 or more, DWI, and no having no headlights. At about 3:05 a.m. on March 13, Brownlie was stopped on West Main Street in Batavia for driving without headlights. After further investigation, the driver was arrested for allegedly operating the vehicle while intoxicated. Brownlie is scheduled to appear in City Court at 9 a.m. on March 30. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Michael John Palvino, 25, of Stillmoon Crescent, Rochester, is charged with DWI with a BAC of .08 or greater, DWI, and speeding. He was stopped for allegedly speeding on Lewiston Road in Batavia at 1:01 p.m. on March 13. An investigation allegedly revealed he was intoxicated. He is to be in Batavia Town Court on April 7. The case was handled by Sheriff's Deputy Thomas Sanfratello.

Brad L. Ohlson, 39, of Central Avenue, Batavia, is charged with disorderly conduct. He was arrested March 12 at 5:15 p.m. following a verbal dispute wherein Ohlson allegedly used obscene language in the presence of several people, including multiple juveniles. He was jailed and bail set at $250. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Chad Richards.

Demetri C. Stewart, 23, of Lewis Place, Batavia, was arrested on a bench warrant and released after posting $100 bail. He is to appear in City Curt this afternoon on an unspecified charge stemming from an incident on Feb. 24 on West Main Street, Batavia. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

(Name redacted), 18, of Violet Lane, Batavia, is charged with unlawful possession of marijuana. The suspect was arrested on Donahue Road in Batavia following a traffic stop of a disabled vehicle. The suspect was allegedly found to possess a small amount of marijuana stored in the vehicle. The suspect was issued an appearance ticket for Town of Batavia Court on March 28. The case was handled by Sheriff's Deputy Eric Meyer.

There was a fire alarm at John Kenedy School around 10 a.m. this morning. Batavia Fire Department responded and shortly after their arrival the students were given the all clear to return to the building. 

Over the objections of three Batavia City Council members, a dozen city hall management employees will get a pay raise on April 1.

The objections came in the form of “no” votes on the 2016-2017 city budget and a separate resolution authorizing the 2.75-percent pay increase.

Voting against the budget and the pay raise for the managers, not covered by a union contract, were council members: Paul Viele, Ward 1; Kathy Briggs, Ward 5, and Rose Mary Christian, Ward 6.

Ward 4 Councilman Al McGinnis was absent from the meeting.

“I just couldn’t support the pay raise right now,” Viele said, “not that they don’t deserve it, but taxpayers deserve a raise, too. We’ll see what happens next year.”

Another resolution to increase the hourly rate of part-time and seasonal employees from $9 per hour to $9.31 was passed with Viele, Briggs and Christian voting no. Christian and Viele also voted no to a 3-percent increase in water rates.

The $16.3-million budget called for a tax levy of $5.1 million, which translate into a tax rate increase of .8 percent. The budget becomes effective on April 1.

Thomas Alan Alexander, 53, of Lake Street Road, Le Roy, is charged with second-degree harassment. He was arrested on March 13 following the investigation of a harassment complaint on Lake Street Road in the Town of Le Roy. He allegedly slammed a female into a wall causing physical injury. He is to appear in Le Roy Town Court on March 28.

Nolan Robert Powless, 18, of East Center Street, Medina, is charged with: second-degree aggravated unlicensed operation; being an unlicensed operator; and having a plate lamp violation. He was arrested on a bench warrant out of Town of Batavia Court for allegedly failing to appear for court. The charges stem from a traffic stop on Jan. 12. He is scheduled to be in Town of Batavia Court on April 6.

Patrick Spear received the Firefighter of the Year award from Deputy Chief Dan Coffey on Saturday night during the Town of Batavia Fire Department's annual banquet at the Clarion Hotel.

The department responded to 317 calls in 2015. An average of 10.8 volunteers responded to each call and total man hours spent on calls exceeded 25,000. The volunteers also attended 76 training sessions.

"I think those are some pretty impressive numbers when you think about how we all have jobs, we all have families, we all have other obligations to attend to," Coffey said. "I truly want to give you guys a round of applause. We wouldn't be successful without that dedication."

Gary Diegelman​ was recognized for his 40 years of service to the department.

William Zipfel was recognized for his 45 years of service to the department.

A person is reportedly lost in the woods and may be suffering from hypothermia in the area of 3094 W. Main Street Road (Route 5), Town of Batavia. East Pembroke Fire Department (it's in their fire district) is on scene, along with Sheriff's deputies, and Alexander fire's Gator is called to respond along with Mercy medics. The person is on the south side of a creek. Mercy Flight is on standby.

UPDATE 938 p.m.: Two men were in a raft on the creek when one fell in the water and became submerged. The other man tried to help him out of the water using an oar/paddle, but this proved difficult and he called for help. The guy who fell in the water was transported to the hospital for evaluation. The other was a sign off.

Press release:

With the continued increase in the number of influenza cases at United Memorial Medical Center and in the community, the Hospital will be strictly following established visitor guidelines and implementing restrictions in order to safeguard the health of our patients.

Effective March 10, patients at United Memorial will be allowed only two (2) visitors at one time. No visitors under the age of 14 years will be allowed. Individuals with a sore throat, runny nose, fever, or other influenza type symptoms should not visit patients.

As an organization we understand the importance of loved ones and friends in the healing process. Exceptions to the visitor policy must be approved by the unit manager or nursing supervisor prior to the visitor’s arrival at the hospital. These restrictions have been put into place to protect those with weakened or fragile immune systems and those who care for them, from harm during the influenza outbreak.

Everyone should remember to use appropriate hand hygiene and respiratory etiquette to prevent the spread of influenza. Symptoms may include fever, muscle aches, sore throat, cough or nasal congestion. Individuals with fever over 100.5˚F and any of the symptoms listed are urged to stay home, seek medical advice as necessary and limit the number of people exposed. Individuals with influenza are contagious for 24 hours prior to exhibiting symptoms.

The hospital is located at 127 North St. in the City of Batavia.

Properties there were foreclosed on by either the city or county in the past year for failure to pay property taxes were auctioned off today at Bontrager's.

We'll post the results of the auction once they are available to us.

(UPDATED 7:30 p.m.): Here are partial results from today's auction. They are for county-owned properties and do not include city-owned parcels. Those figures were not available today.

Note that the selling prices are listed along with the approximate amount of taxes and penalties owed. ***However, included in the amount DUE is interest, but that needs to be removed, as it was not earned. So the final amounts DUE are not available today, but they will be less than shown below.

GENESEE COUNTY PROPERTIES

PARCEL #1:       SELLING PRICE: $450               ***DUE: $768

Town of Batavia: Shepard Road (corner w/Batavia Bethany Townline Road), .62-acre lot, Tax Map No. 20.-2-30

PARCEL #2:     SELLING PRICE: $4,750            ***DUE: $5,650

Town of Batavia:  7697 Lewiston Road, .5-acre lot w/ commercial building,Tax Map No. 3.-1-6.112

PARCEL #3:      SELLING PRICE: $6,000            ***DUE: $3,150

Town of Pavilion: 10179 South Street Road, .78-acre lot w/burnt mobile home,Tax Map No. 6.-1-10.12

PARCEL #4:     SELLING PRICE: $5,000         ***DUE: $2,400

Town of Pembroke: Cleveland Road, 1-acre lot, Tax Map No. 16.-1-12.2

PARCEL #5:     SELLING PRICE: $650              ***DUE: $655

Town of Stafford: East Bethany -- Le Roy Road, 1.1-acre lot, Tax Map No.12.-1-46  

PARCEL #6:      SELLING PRICE: $33,000         ***DUE: $12,338

Town of Stafford: 8476 Route 237, single-family residence, .41-acre lot, Tax Map No. 7.-1-54

PARCEL #7:      SELLING PRICE: $28,000        ***DUE: $20,107

Village of Le Roy: 31 Mill St., storage/distribution, .27-acre lot, Tax Map No. 7.-2-1.1

PARCEL #8:      SELLING PRICE: $24,500         ***DUE: $15,660

Village of Le Roy:  63 Church St., single-family residence, .29-acre lot , Tax Map No.  6.-1-47

Press release:

Distance barriers and transportation issues are no longer obstacles for Genesee Community College students at the Batavia Campus Center seeking access to medical services. With its partnership through Genesee Urgent Care, the College’s Health Services is pleased to now offer telemedicine, technology that provides clinical health care at a distance.

Through the use of video exchange, telemedicine provides patients with access to a licensed medical professional in real time, regardless of where they are located. Developments in telemedicine technology have opened the doors of possibilities, adding tools such as a stethoscope and ophthalmoscope that integrate simply through a USB port. These tools allow patients to be seen for low level and primary care, as well as interface capabilities with specialists. Telemedicine can share X-ray images with orthopedics and electrocardiograms with cardiologists. These advancements not only improve access, but also reduce costs and improve quality.

“While access to the Telemedicine Network is currently only available to students at the Batavia campus, the intent is to grow this to GCC’s other campus centers as well,” said Genesee Urgent Care President Melissa Marsocci.

Students interested in being covered under the telemedicine technology through Genesee Urgent Care will need to purchase one of two available plans. A basic plan, costing $60 per semester, covers a student with unlimited telemedicine access to a licensed medical provider for illnesses including cold and cough, flu, sinus infection, sore throat, urinary tract infection, rash and poison ivy, pink eye, sexually transmitted diseases, mono and bee stings. The plan also includes diagnostic tests through lab work. Lab tests that are covered include pregnancy, mono spot, rapid strep, RSV and influenza. Any additional lab testing would have to be sent out, and the student would be billed for the cost.

An additional plan is available starting at $300 and includes the same coverage as the basic plan, in addition to injuries such as fractures, dislocations, minor eye problems, sprains and strains, cuts and lacerations and burns. The plan also includes additional diagnostic tests, providing lab work, X-ray and EKG.   

Covered students in need of medical services that utilize the telemedicine technology will need to check in with Health Services at the Batavia Campus in room B109. The technology, a Polycom device known as an HDX4500, is used to “call” the urgent care center where the patient and attending nurse can see and hear the urgent care staff. In instances where prescriptions are necessary, providers from the urgent care center can e-script the medication to the student’s pharmacy of choice. Some pharmacies include the option of delivery service, providing students a full medical experience without ever having to leave campus.

For additional information on Genesee Urgent Care, telemedicine and coverage plans available to GCC students, visit http://www.geneseeurgent.com/gcc-plans.html.

Students participating in the 4-H Club's annual tractor safety course were tested today on their hands-on knowledge at Empire Tractor.

Above, Christian Gerold steers through an obstacle course, and below, Tim Zipfel attached a combine to the back of a tractor while instructor Tim Adams scores his effort. Zipfel passed.

Steven Paul Diveronica, 47, of Richmond Avenue, Batavia, is charged with aggravated DWI and DWI. On Friday at 10:44 p.m. Diveronica was arrested following an investigation into a vehicle pulled over on the side of Richmond Avenue. It is alleged that Diveronica was the driver and that he appeared intoxicated on alcohol. After submitting to standard field sobriety tests, he was arrested. A chemical test subsequently resulted, allegedly, in a BAC of .21 percent. He was released with appearance tickets to return later in City of Batavia Court. The case was handled by Sheriff's Deputy Richard Schildwaster.

Honour Haley Myers, 27, of York Road, Le Roy, is charged with unlawful possession of marijuana. Myers was arrested on Clinton Street Road in Bergen at 8:26 p.m. on Friday following a domestic incident. She allegedly possessed marijuana in the trunk of her car. She was issued an appearance ticket to be in Town of Bergen Court on April 6. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Chad Cummings.

St. Joe’s Catholic School in Batavia is holding its annual Penny Carnival today until 4 p.m. There is family fun for all with bounce houses, a cake walk, Chinese auction and games for the kids. There is also food and St. Joe’s famous waffles. 

Duty E. Caswell, 24, of Hutchins Place, Batavia, is charged with dog at large. Caswell's canine was allegedly involved in a series of biting incidents at 3:01 p.m., Monday. The dog reportedly broke loose from its chain and attacked an individual in front of its residence on Hutchins Place. The dog then ran down the street and attacked another person near State Street. Both people suffered injuries. Police believe the dog also bit a neighbor's dog. The dog was seized by police and taken to the Animal Shelter. The same dog was allegedly involved in a biting incident in late January. (Previous report)

Bonnie L. Cortright, 28, of Summit Street, Batavia, is charged with petit larceny. Cortright is accused of stealing 28 handcrafted items from the artisan shop at the YWCA.

Nicholas F. DiFillippo II, 50, of Kingsbury Avenue, Batavia, is charged with DWI, refusal to take breath test and speeding. DiFillippo was stopped at 12:36 a.m., March 4, on West Main Street by Officer Eric Foels.

Bailey Loren Gavenda, 19, of Shepard Road, Batavia, is charged with petit larceny. Gavenda is accused of stealing $77.46 in clothing from Kohl's Department Store.

A group of city firefighters will climb 38 floors, 800 steps, in Buffalo on March 12 to help raise funds for the American Lung Association.

The effort is part of the Fight for Air Climb and takes place at the HSBC Tower.

Firefighers have an increased risk for lung disease, including lung cancer, from the exposure to gases, chemicals and smoke in the line of duty. Funds will be used for research, education and patient programs to assist firefighters.

The Fight for Air Climb has so far raised $114,000 and Batavia Local 896 has raised $1,372.

To donate, visit fightforairclimb.org and enter Batavia L896 in search.

Pictured are Jerry Yoder, Adam Palumbo, Christine Marinaccio and Zack Gowanlock.

Press release:

The City of Batavia Fire Department is joining nearly 6,000 fire departments nationwide in promoting the annual "Change Your Clocks, Change Your Batteries" campaign on Sunday, March 13.

Fire Prevention Officer Lt. Jeff Whitcombe encourages all residents to adopt the simple, life-saving habit of changing smoke alarm and CO detector batteries when they change their clocks back from daylight savings time to standard time.

“It’s an easy, inexpensive and proven way to protect your family and your home,” Lt. Whitcombe said.

Since 1987, the International Association of Fire Chiefs has joined forces with Energizer batteries to spread the message that non-working smoke alarms are responsible for needless death and injuries. Now 25 years later, thanks to the Change Your Clocks, Change Your Batteries campaign, home fire deaths continue to decline.

Recent surveys conducted for the National Fire Protection Association (NFPA) and the Consumer Products Safety Commission found that 96 percent of all home have at least one smoke alarm, but only 75 percent have at least one working smoke alarm. Almost two-thirds of home fire deaths resulted from fires in homes with no smoke alarms or no working smoke alarms. Smoke alarm failures usually result from missing or dead batteries or disconnected wires.

The peak time for home fire fatalities is between 11 p.m. and 7 a.m. when most families are sleeping. A working smoke alarm can provide the critical extra seconds needed to get people out safely.

According to the NFPA, the maximum life cycle of a smoke alarm is 10 years from the date of manufacture, not the date of installation. Beginning in 2002, all smoke detectors must have a manufacture date marked on the outside of the smoke alarm. If your smoke alarm does not have a manufacture date, then it is older than 10 years and must be replaced. The City of Batavia Fire Department recommends purchasing smoke alarms with 10-year lithium batteries. All smoke alarms should be tested monthly.

Families should also practice "Exit Drills in the Home" (E.D.I.T.H.) and have a meeting place outside the home to quickly account for all the occupants during an emergency. The meeting place should be something that is not mobile like a tree or mailbox by the street.

A carbon monoxide detector or CO detector is a device that detects the presence of the carbon monoxide (CO) gas in order to prevent carbon monoxide poisoning. CO is a colorless and odorless compound produced by incomplete combustion. It is often referred to as the “silent killer” because it is virtually undetectable without using detection technology. Elevated levels of CO can be dangerous to humans depending on the amount present and length of exposure. Smaller concentrations can be harmful over longer periods of time while increasing concentrations require diminishing exposure times to be harmful.

CO detectors are designed to measure CO levels over time and sound an alarm before dangerous levels of CO accumulate in an environment, giving people adequate warning to safely ventilate the area or evacuate. All CO detectors should also be tested monthly. Remember, if your CO detector alarms, you should evacuate the structure and dial 9-1-1. The fire department will respond and investigate the cause of the alarm.

The City of Batavia Fire Department has a free smoke alarm and battery installation program.

According to Lt. Whitcombe, “We have installed hundreds of smoke alarms and batteries over the past 20 years and will continue to do so until everyone who needs them has them.”

For information about the free smoke alarm and battery installation program, City of Batavia residents should contact the City of Batavia Fire Department at (585) 345-6375.

The attorney for a Batavia man accused of rape is troubled by the wide range of potential dates for the alleged attack and would like District Attorney Lawrence Friedman to try and get the woman making the accusation to try and come closer to an exact date.

Establishing a more accurate date would enable attorney Clark Zimmermann to determine if his client has alibis for the time of the alleged rape.

Jason A. Armstrong Sr., is accused of anally raping a woman at a residence on South Main Street, Batavia, sometime between Nov. 6 and 10.

Zimmermann said it was good that the indictment was able to specify the alleged attack happened between 8 and 9 p.m. on whichever day it occurred, but Nov. 6 to Nov. 10 is rather wide range to accept without more effort to narrow it down.

"I would think an adult as the complainant is, would be able to further specify or narrow the time frame," Zimmermann told Judge Michael F. Pietruszka. "Right now we have five possible days between 8 and 9 that this event could have occurred."

Friedman said he is certainly willing to cooperate in working with the alleged victim in narrowing the time frame down, but given the fact that the complaint wasn't made until the end of December, the amount of time that had passed before she was interviewed, made it difficult for her to recall the exact date.

"While I would like to provide a precise date or more precise date, I'm simply unable to do that at this time," Friedman said.

Zimmermann said he would expect the woman would have some ability to use work records or other life records to help her recall and narrow the time frame. He said the woman was working some jobs off the books in November and perhaps knowing when and where she worked would help. He indicated he uncovered some of that information through is own investigations and offered to provide that information to Friedman.

Friedman said he would accept the information and attempt to use it to help the woman come up with a more precise time frame.

Armstrong was indicted by a grand jury on counts of criminal sexual act in the first degree and assault in the second degree for allegedly causing physical injury.

He's also indicted on a count of third-degree assault for allegedly causing physical injury to another person on or about Dec. 5 while at the same address, on South Main Street, as the alleged rape.

Zimmermann said he was still gathering evidence that might assist Armstrong in establishing alibis in both cases, including recorded phone messages left by one of the alleged victims.

Friedman objected that he had not yet received the evidence, despite filing a motion to receive it, and Zimmermann said that given the fact no trial date has been established yet, he still had time to gather the details and provide them in a timely manner.

"I certainly don't intend to sandbag him and I hope he doesn't do the same to me," Zimmermann said. "I think I've provided ample notice and if he disagrees, that's why we have you, Judge."

The case was set for another appearance on March 25, giving both sides more time to prepare their cases. At that time, if no plea deal is reached, Pietruszka will establish a plea cutoff date before setting a trial date.

An ambulance has been dispatched to Bank Street and Alva Place for the male victim of a stabbing.

Police are on scene. 

No further information available at this time.

UPDATE 9:55 p.m.: The stabbing victim was approached by two males at the 7-11 store parking lot on East Main Street and "asked to purchase something" but police would not specify what that was. When the victim pulled out some money, he was stabbed in the shoulder and the money was taken. The suspects fled north on Elm Street, but that is not a certainty; the victim is not from the area. The suspects are described as a light-skinned male and a dark-skinned male, both wearing hoodies, one of which was dark and one of which was gray, but the victim could not specify which person wore what color. The victim attemped to drive to the hospital, but ended up at Bank Street and Alva Place, where he found a police officer and flagged him down.