batavia

A 33-year-old Holland Avenue resident has been arrested, accused of oral sexual contact with a female less than 11 years old.

Kenneth J. Tidd II is charged with two counts of predatory sexual assault against a child, two counts of first-degree criminal sexual act and second-degree course of sexual conduct against a child.

He was jailed without bail following arraignment in City Court.

The investigation opened over the weekend following a complaint to police. The child was seen by personnel at the Child Advocacy Center.

Tidd is accused of sexual contact with the child at times between 2013 and present.

Tidd is scheduled to next appear in court Thursday.

The man pulled from a storm drain in the parking lot in front of Kohl's Department Store on Friday told a deputy while at the hospital later the he had shot up all of the $100 in heroin he purchased that morning in Rochester, according to a court document.

Wayne L. Rinker, 30, of Webster, was barely breathing -- in fact, at one point when he was first discovered a deputy had a hard time detecting a pulse -- when he was found by deputies lying in inches-deep water and mud in the storm drain.

When first located, deputies said it just looked like a hump in the middle of the pipe. They didn't confirm it was a person until they reached him.

The heroin may have contributed to his medical condition, according to sources. He was transported to UMMC some five hours after a deputy saw him enter the storm-drain system through a drainage ditch behind Office Max on Veterans Memorial Drive.

While deputies felt confident Rinker was in the storm drain, there was no certainty until he was actually located.

At least one deputy expressed concern during the search that if they walked away without confirming his location, he could be trapped underground, so the search pressed on with lights, binoculars and sewer pipe cameras.

He was located once deputies Michael Lute and Chad Cummings agreed to enter the drain and crawl from end to end if they had to to reach him or confirm the drain was vacant.

Rinker was suffering from mild hypothermia when he was pulled from the drain.

Sheriff Gary Maha said Rinker would have died in that storm drain if deputies hadn't located him.

He's now in jail on $5,000 bail or $10,000 bond, charged with petit larceny and conspiracy. Other charges may be pending.

His alleged partner in crime, Michael Delvalle, 21, of Rochester, was also charged.

According to a court document, Rinker told a deputy that he bought $100 in heroin and Delvalle purchased $40 in cocaine. Statements in Devalle's court file indicate deputies found a quantity of cocaine in Delvalle's vehicle, which he admitted was his.

The two men allegedly loaded up a shopping cart with Legos and dog food, using the dog food to cover the Legos.  

"I didn't intend on stealing anything, but was with someone who was," Rinker reportedly said.

Delvalle reportedly told a deputy that Rinker acted as a lookout while he gathered the toys.

"I don't have any money," Delvalle reportedly said. "I lost my job recently at Autozone in Greece," and, "My kids gave me a list of toys they wanted," and "I came into Kmart to steal toys for my kids," and "I wanted to watch my kids enjoy the Legos."

Rinker was an active conspirator in the thefts, Delvalle reportedly told the deputy.

For Rinker's part, he didn't admit to much more than, "I was walking around the store with him. He was pushing the cart."

A loss prevention officer gave a statement to authorities saying she saw Rinker place the dog food on top of the toys.

When Rinker and Delvalle were stopped by security, the two briefly spoke with the store employee before Rinker fled.

"I took off from him so I wouldn't get in trouble," Rinker reportedly told a deputy; and, "I'll be honest with you, I gave the security guy an ID that wasn't me and then took off so I wouldn't get caught."

Previously: Police looking for fleeing subject near Office Max, Batavia Downs

Video by Dan Fischer, WBTA:

A second autopsy to try and determine when and how a baby died has been ordered for the infant found in the Liberty Street apartment of 28-year-old Christina Colontino.

Colontino was arrested in late August on a charge of second-degree murder.

The first autopsy was unable to establish with scientific certainty whether the baby was born alive, so Colontino, who had been held without bail, was released from jail. 

Judge Robert C. Noonan signed the order.

The next scheduled court appearance for Colontino, who is still facing a murder charge, is Thursday.

(via The Batavian's news partner, WBTA)

Previously:

• Liberty Street resident accused of murdering infant
• Hearing for murder suspect moved to Thursday
• Authorities can't prove live birth, so mother charged with murder released from jail
• No information forthcoming on why arrest made on murder charge before ME's report
• Candlelight vigil in Austin Park memorializes infant whose cause of death is undetermined

Kerri Lynn Forsberg, 43, of Fargo Road, Stafford, is charged with assault, 2nd. Forsberg was arrested on a warrant after she called 9-1-1 to report a disturbance. She was jailed on $100,000 bail.

Kristen M. Reilly, 18, of Bethany, is charged with driving while impaired by drugs. Reilly is accused of driving under the influence of marijuana. Reilly was arrested by State Police following a report of a one-vehicle accident on Mengs Road, Attica. Reilly allegedly suffered a knee injury and was transported to Wyoming County Community Hospital where a drug enforcement officer conducted an interview. She was also charged with failure to keep right and speed not reasonable and prudent.

Xavier Melendez, 28, of Reading, Pa., was arrested as a fugitive after being stopped by State Police on Route 63, Pavilion, for allegedly speeding. Melendez was allegedly wanted in Reading for escape after allegedly fleeing from police officers during a traffic stop. He was jailed in Genesee County on $1,000 bail and extradition will be arranged.

A 17-year-old of Batavia is charged with criminal possession of stolen property. The youth was observed on surveillance video leaving a room at Batavia High School with an allegedly stolen laptop and power cable and was arrested by State Police. The laptop was returned to the school. The youth was also arrested by Batavia PD and charged with petit larceny.

Luis Alberto Sauceda, 35, of South Wayne Street, Phelps, is charged with confinement of companion animal in a vehicle. Sauceda allegedly left a Chihuahua puppy in a vehicle on Labor Day while his family was inside Darien Lake Theme Park. Deputies were alerted by Darien Lake security staff. Deputies Chris Parker and Andrew Hale responded, provided the puppy with appropriate care and the dog was then transported to the Genesee County Animal Shelter.

Beau Thomas Bressler, 28, of Big Treet Road, Pavilion, is charged with felony DWI (two prior convictions in previous 10 years), felony driving with a BAC of .08 or greater, speeding, failure to keep right, unlicensed operation. Bressler was stopped on Route 20, Bethany, at 10:37 p.m. Saturday by Deputy Matthew Fleming. Bressler was jailed on $5,000 bail.

William H. Swader, 66, of Cedar Street, Akron, is charged with harassment, 2nd. Swader was allegedly involved in a road rage incident at 3:45 p.m. Friday on West Main Street, Batavia.

A 17-year-old resident of Walnut Street, Batavia, (name redacted by Batavia PD) is charged with trespass. The youth allegedly went onto a property posted with no trespressing signs and went onto the front and back porches and looked through the windows at the side of the residence.

Ashley A. Goodenow, 24, of Bank Street, Batavia, is charged with petit larceny. Goodenow allegedly stole $50 from her employer.

Lori A. Brightenfield, 55, of Maple Street, Batavia, is charged with criminal trespass, 2nd. Brightenfield allegedly entered the residence of her ex-boyfriend on Thorpe Street without permission and remained after being advised to leave. Brightenfield was released under supervision of Genesee Justice.

Eugene L. Sumeriski, 36, of Olyn Avenue, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, 1st, and disobeying traffic control device. Sumeriski was stopped at 1:34 a.m. Saturday on West Main Street, Batavia, by Office Darryle Streeter after allegedly being observed driving at a high rate of speed.

Tiffany Ann Reed, 21, of State Street, Batavia, is charged with criminal contempt, 2nd. Reed allegedly violated a stay away order of protection She was jailed on $5,000 bail.

Tammy L. Plesczynski, 38, of East Main Street, Batavia, is charged with petit larceny. Plesczynski was arrested on a warrant by parole officers and turned over to Batavia PD. He was jailed without bail.

Joshua S. Martaus, 32, no permanent address, Batavia, is charged with petit larceny and resisting arrest. Martaus is accused of shoplifting from Tops and trying to steal $64.29 in merchandise. Martaus was located by Deputy Chris Parker and Officer Frank Klimjack at a local restaurant and allegedly resisted arrest. He was jailed on $1,000 bail.

Austin C. Durham, 20, of Oak Street, Batavia, is charged with petit larceny and conspiracy, 6th. Durham is accused of assisting another person in stealing 30 packs of beer from Tops.

Elijah J. Richardson, 18, of Maple Street, Batavia, is charged with owning an unlicensed dog. Richardson was allegedly found walking an unlicensed dog on MacArthur Drive.

Misty Dawn Brabon, 35, of Marshall Road, Lyndonville, is charged with petit larceny. Barbon allegedly stole $168.28 in merchandise from Walmart.

Amanda Rose McDonald, 33, of Pearl Street, Batavia, is charged with petit larceny. McDonald is accused of stealing $88.44 in merchandise from Walmart.

A 16-year-old resident of West Main Street Road, Batavia, is charged with harassment, 2nd. The youth allegedly threatened a woman.

Veronica Mabel Blackwood, 26, of Sterling Place, Brooklyn, is charged with petit larceny. Blackwood allegedly stole $25.09 in merchandise from Walmart.

Lauren S. Murphy, 19, of West Buffalo Street, Warsaw, is charged with unlawful possession of alcohol under age 21. Murphy was charged following an investigation into a motor-vehicle accident at 4:25 a.m. Sept. 13 on Vernon Avenue, Batavia.

A 17-year-old resident of Batavia (name redacted by Batavia PD) was arrested on a warrant for alleged failure to appear in City Court. He was jailed on $5,000 bail or $10,000 bond.

Nathaniel L. Beglinger, 24, of Peaviner Road, Alexander, is charged with DWI, driving with a BAC of .08 or greater. Beglinger was allegedly involved in a one-car property damage accident at 2:20 a.m. Sept. 13 on Vernon Avenue, Batavia. The accident was investigated by Officer Felicia DeGroot.

Jennifer Lyn Stack, 29, of South Main Street, Batavia, is charged with petit larceny. Stack is accused of stealing the beverage Red Bull from a local store.

It's been just over a week since Rocky joined our family and during the week I've been asked several times how he's doing.

He's doing great. He's fit in well.

He and Pachuco are getting along fine. As for the cats, they've gotten used to him. If they challenge him, he backs down. If they run, he gives chase, and a sharp "no" usually ends the chase.

He's a ball of energy at times. He's loving and loves to be a companion. 

When we got him, his only apparent discipline training was "sit." I almost have him doing "down" pretty well now. He's walking on leash 100-percent better, at my side with no tugging.

In other words, he's displayed no apparent behavioral problems.  

One thing I forgot to mention in our post about adopting Rocky is a big thank you to the volunteers with Volunteers for Animals and the staff at the Animal Shelter. They obviously did a great job caring for Rocky and they were so, so helpful during our adoption process, full of information and useful advice.  

Previously:

• Rocky has a new home -- ours
• Owner of scalded dog surrenders ownership during court appearance
• Dog burned by hot water in good spirits at Animal Shelter
• Batavia couple jailed without bail after young pit bull scalded with water

An accident with injuries is reported on Lewiston Road, just north of Galloway Road. Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 11:59 p.m.: The driver of a pickup truck clipped a driveway sealing truck, causing the pickup truck to lose a side mirror. The driver of the pickup truck, after stopping, may have suffered a fainting spell and he is being evaluated by Mercy medics. He was not injured in the accident, however.

Reader Kyle Couchman sent us this "composite" photo he took of a rainbow in Batavia this morning between 8 and 8:30. He says it's unusual because it preceded the rain instead of vice-versa.

City firefighters are called to Monclair and Olyn avenues to investigate a report of smoke in the area.

A two-car accident is reported by the parking lot at Batavia Downs, 8315 Park Road. Town of Batavia Fire Department and Mercy medics are responding. Law enforcement is on scene. An 8-month-old infant is said to have a head injury and a 7-year-old has a hand injury.

A two-car accident is reported at 110 Oak St. A person is said to have back injury. City fire and Mercy medics are responding.

Super deal on this cute City home. Owner super willing to negotiate -- don't let this one go by without looking!!! Solid and nicely kept city home in central location and ready to move in! This home has been upgraded and freshly painted throughout, with more room than it appears from the road! Good size rooms and a walk up finished attic that adds a whole lot more room for storage or play! Large back enclosed porch for nice nights and a place to kick off your shoes. Come check this one out -- easy to see!!

Sheriff's deputies and Batavia PD State troopers are in the area of Office Max on Veterans Memorial Drive and the Batavia Downs parking lot on Park Road looking for a possible criminal suspect, perhaps for shoplifting at a nearby store.

One subject is apparently in custody and the second suspect may have been spotted, but not yet apprehended.

The only description we have at present is that he was wearing a white shirt that was tucked in and he untucked it when he started running.

UPDATE 3:30 p.m.: The suspect reportedly attempted to leave a store with about $930 in merchandise.

UPDATE 3:22 p.m. (By Billie): The shoplifting suspect being pursued by law enforcement is believed to have crawled inside a drain pipe by Kohl's department store on Veterans Memorial Drive. They have called the Town of Batavia Fire Department to the scene the help apprehend the man. He is described as white, wearing a black short-sleeved, V-neck shirt, having on sunglasses, dress slacks and black sneakers. He is said to have both arms heavily inked with nearly complete tattoo "sleeves."

UPDATE 4:05 p.m.: The suspect is believed to have stolen goods from Kmart.

Photos by Howard Owens.

UPDATE 4:23 p.m.: The suspect is in a drain pipe tunnel. Here responders are trying to communicate with him from a manhole in the parking lot. They are yelling down to him. If he's still down there, he's not responding.

UPDATE 6:17 p.m.(By Howard): At the time I left the scene, 45 minutes ago, the subject still hadn't been located. We have no update since. Here are more photos. We'll provide updates as new information becomes available, but we won't have anybody at the scene for the rest of the incident.

UPDATE 6:30 p.m. (By Billie): Mercy medics are called to stand by at the scene per law enforcement.

UPDATE 8:13 p.m.: The suspected thief is in custody and at the time of his arrest suffered from mild hypothermia. The assignment is back in service.

UPDATE 8:35 p.m.: Here's a statement from Sheriff Gary Maha issued in response to a query from Howard at 8:24 p.m.: "Two deputies went down into the drain pipe and found the guy. They pulled him out and he was unresponsive at first. He would have died down there. Taken to UMMC. A press release is being prepared by the Sergeant."

UPDATE: Video shot by Dan Fischer, WBTA ((NOTE: we replaced the original version of the video we posted with a new version from WBTA))

The suspect is identified as Wayne L. Rinker, 30, of Shadowwood Lane, Webster. He's facing larceny and conspiracy charges. He was taken to UMMC by Mercy EMS. The deputies who crawled through the storm drains to locate him were Chad Cummings and Michael Lute. They located him barely conscious. The deputies secured a rope to him and he was brought to the other end of the pipe, about 100 feet away, where Deputy Rich Schildwaster and Sgt. Thomas Sanfratello were located. He was pushed and pulled to an opening where he was lifted out. Assisting the Sheriff's Office at the scene were NY State Police, Batavia PD, COR Plaza security personnel, Town of Batavia Water Department, and Greg Post of General Services (providing the sewer camera).

On at least two occasions in recent days, local residents have confronted unwanted guests in their homes in Batavia.

In one case, a suspect was arrested, but in the other, where items were actually stolen, the case remains under investigation.

In the case where an arrest was made, the break-in was reported on The Batavian as it happened and police soon took 53-year-old Stacey Williams into custody. Williams is charged with criminal trespass.

He is accused of attempting to enter the Washington Avenue home of Rich Richmond, a candidate for City Council.

The second case we heard about from the resident who had her wallet stolen.

The woman and her husband became aware of the intruder and her husband was able to tackle him, she said, but then he got loose. Her husband chased him in his car, but lost him on Jackson Street. He came across three Batavia PD patrol vehicles on Jackson, but the woman isn't aware what the police did from that point.

Chief Shawn Heubusch said that case is under investigation, but no arrest has been made.

The woman said the suspect matches the description in the Washington Avenue case, but Heubusch said investigators don't believe at this time that the cases are related. 

The woman said her home was broken into about 4:30 a.m., Wednesday.

"I live on the Southside of town and I would like for my friends and neighbors who live on that side to just be aware," the woman said. "This guy obviously had to be hyped on drugs as he walked right past my husband laying on the couch and walked right through the kitchen, which had lights on, to my dining room, where my purse was located, and our bedroom was off to the side from that -- a very bold individual and we don’t know if he is still out there or not."

Heubusch said he is unaware of any similar criminal complaints in the past few days.

Vic Marchese, owner of Main St. Pizza Company, on East Main Street, Batavia, stands in front of the opening of the commercial space next to his business where workers are busy remodeling so Marchese can add more space to his popular restaurant.

The front part of the restaurant will feature a sliding window system, called a nana system, that will allow open-air dining when weather permits, but a closed dining area when it gets cold.

With his plans recently approved, Marchese just ordered the windows, which will take six to eight weeks to arrive. Marchese is optimistic the new space will open in January.

The restaurant will expand by about 2,000 square feet and include additional interior dining room space, as well. The dining room and the pick-up counter will have separate entrances, which will help people get in and out of the restaurant faster.  

Marchese is also expanding the kitchen.

The Landmark Society of Genesee County is presenting awards to five local buildings for preservation or restoration work at its annual dinner tomorrow night. Dinner tickets are $15 and it starts at 6 p.m. at the Elba United Methodist Church.

The five winners are:

• Tender Loving Care: Adam Miller Toy and Bicycle, 8 Center St., Batavia
• Restoration: residence at  5211 Watson Road, Elba
• Tender Loving Care: Cornell Cooperative Extension , 420 E. Main St., Batavia (top photo)
• Interior Preservation: Corfu Grange, 73 Alleghany Road, Corfu
• Tender Loving Care: residence at 32 Tracy Ave., Batavia

(Photos by Howard Owens, except interior of grange hall)

Press release:

This year’s honorees have each spent decades preserving and maintaining their historic properties. Their conscientious care has improved their neighborhoods and helped preserve our county’s architectural history for future generations.

Adam Miller was the second owner of the building that houses Adam Miller Toy and Bicycle store at 8 Center St., Batavia. He owned and operated the store for over 30 years before passing ownership to his children, Joyce Masse and A. Gary Miller, in the late 1970s. They still own the building today, but in 2002, sold the retail business “Adam Miller Toy and Bicycle” to John and Cathy Roche. The distinctive neon sign was installed in the mid-1950s on the front of the building and was restored in the 1990s. The Miller family and the Roches are being honored for the Tender Loving Care they have given this beloved Batavia landmark.

When Michael and Alison Riner bought and inhabited their Greek Revival farm house in Elba, it was quite dilapidated. The home had been vacant for years and didn’t even have running water. One vision, 20 years, and a lot of construction later, it is now a charming, immaculate home for their family. The Riners have ingeniously blended original architectural features with modern conveniences.    

For over 60 years the Cornell Cooperative Extension of Genesee County has taken excellent care of this historically and architecturally significant building that houses their offices. The Tender Loving Care they have given their 1820s property has greatly added to the streetscape of Main Street, Batavia.

Charles and Mary Brenner have spent over 30 years maintaining and restoring their “Princess Anne” style home on Tracy Avenue in Batavia. They have performed all of the work themselves and it has truly been a labor of love. They stripped all of the paint from the interior woodwork to reveal the natural beauty of the wood. Using a palette of eight different colors, the home’s exterior has been painted so that its unique features stand out.

Corfu Grange #142 was founded in 1874 and the meetings were held in the homes of its members. In 1914, the Grange purchased the Universalist Church. Then in 1939, the building was moved across the street to the present location. The curved beadboard ceiling and original gaslight fixtures are notable features of this well-preserved interior space.

32 Tracy Ave., Batavia

5211 Watson Road, Elba

Adam Miller Toy and Bicycle

Corfu Grange

Dewey Towner came up a winner again (he's previously won the Harley Raffle), this time in a Take 5 contest of the New York State Lottery. Towner bought his winning ticket at Northside Deli. Owner Dave Stupp, on the right, said it's the largest single jackpot to come out of his store so far. Towner is holding his winner's receipt. He's expected to get a check from the lottery for just over $21,000 (less taxes).

Batavia's Original Pizzeria has a new campaign going as a way of saying "thank you" to any law enforcement officer, firefighter, emergency medical technician or member of the military.

Their Pay It Forward program works this way: buy a giant slice of pizza for $3 plus tax and they will put up a Post-It note on the window at the pizzeria, located at 500 E. Main St. in the City of Batavia.

Then when a person in uniform (as mentioned above) comes in the restaurant, they can take a Post-It note off the window and redeem it for a gargantuan slice of pizza, pre-paid by you.

The phone number, in case you want to call in an order, is 343-3303.

A woman driving a sedan, trying to park in a handicapped space at the mall downtown, accidently hit the gas pedal and plowed into a transformer unit that is screened off by bricks. The impact damaged the unit. As a result, there's a power outage on the block, including JCPenney. The driver appears to be uninjured but authorities on scene are having her remain inside her car until National Grid arrives to be sure there are no live power lines that could harm her.

UPDATE 12:09 p.m.: National Grid is on scene. The woman was allowed to get out of her car and she walked to the ambulance so medics could evaluate her.

A possible house fire is reported at 1 Jerome Place in the city. A caller at Tully's restaurant reports seeing smoke coming from the structure. City fire is responding. The location is between Prune and East Main streets.

UPDATE 6:23 p.m.: Somebody was grilling food in the yard. The assignment is back in service.