batavia

Police are responding to a report of a suspicious-looking male near Wendy's in the City of Batavia. He's wearing shorts, a T-shirt and ski mask.

Black smoke is reported in the area of East Main Street Road and Broadlawn Avenue and the Town of Batavia Fire Department is responding to investigate.

UPDATE 7:36 p.m.: It is deemed a controlled burn. "We're all set here." Town of Batavia is back in service.

A 31-year-old woman in the City of Batavia is requesting transfer to UMMC after being unable to sleep after "overdosing on bath salts last night." Mercy medics and police are responding.

A two-car accident that is blocking traffic is reported at West Main Street and Redfield Parkway. A pregnant female is said to have a minor injury. City fire and Mercy medics are responding.

A 23-year-old driver in her seventh month of pregnancy is being taken to UMMC with a complaint of lower back pain. Her vehicle was rear-ended by another car. She was seat-belted.

UPDATE 3:27 p.m.: A second ambulance that was called is taking two females to UMMC. The 29-year-old driver has arm pain and a laceration. A 5-year-old has right cheek and chin pain.

A caller reported to dispatch that her neighbor's pit bull was threatening her and threatening her husband and she wanted to speak to an officer about it.

She promptly called back and said the matter was resolved and she didn't need to speak with anyone.

"The dog must've apologized," said an officer.

"That's interesting," replied the dispatcher.

Assemblyman Stephen Hawley shook the hand of "Mayor" Jim Owen today at the Redfield Parkway 100th Anniversary celebration (see Wednesday's article, "Redfield Parkway celebrates 100 years Saturday," for previous coverage).

There was a pretty good turnout, including some folks of considerable importance locally.

Batavia City Manager Jason Molino attended the ceremonies with his wife, Anna, and their two daughters, Sophia (standing) and Stella.

Local historian and published author William F. Brown (whose book, "The Story of Redfield Parkway: The Beginning," was for sale at the event) also attended.

Wayne Fuller, of WBTA, served as Master of Ceremonies.

Fuller presented proclamations on behalf of Senator Michael Ranzenhofer and Congresswoman Kathy Hochul, who could not be there.

More after the jump (click on the headline):

Also presenting proclamations were:

City Councilman Pierluigi Cipollone

County Legislator Ed DeJaneiro Jr.

Assemblyman Hawley

Fuller said that Redfield Parkway is more than just a place where people live -- it is a community where people take pride in their neighborhood. That, along with the parkway's 100-year heritage, definitely called for a celebration.

In the spirit of this celebration, DeJaneiro officially proclaimed August 18 "Redfield Parkway Day."

Geoff Redick of YNN (formerly of WBTA) sang the national anthem at the beginning, followed by the final performance of the Batavia High School "Blue Belles" (all four graduated from BHS this year, and will be headed off to college shortly).

The "Blue Belles" are, from left, Sarah DiBacco, Catherine McAllister, Melzie Case and Catherine Taylor.

Today was also the day for a last glimpse at the Redfield Parkway time capsule, which will be going underground soon.

Here are some final photos of the "Mayor" and attending dignitaries.

Fuller and Owen posed for a picture with Steve Carr, grandson of C.L. Carr (founder of C.L. Carr & Company, a longtime Batavia store).

Well, it looks like it was a beautiful day in Batavia for Summer in the City, judging by these pictures from Steve Ognibene.

More pictures after the jump (click on the headline):

\

Photo below from Tim Walton, Pink Gorilla T-Shirts.

Sheriff's deputies are responding to Batavia Downs Casino parking lot to investigate a complaint of about 20 cats locked in a white van with no one is sight.

The same kind of complaint involving the same vehicle was called in in June. The van was in Tops parking lot in Le Roy and the registered owners said they were not homeless, just between homes, and they were living in the van temporarily and that was why they had so many cats inside.

UPDATE 7:25 p.m.: Apparently, the caller's description was hyperbole. The deputy on scene says he's found five cats inside and the windows are open and the van is vented.

A car has struck a guard rail at Pearl Street Road and Upton Road in the Town of Batavia. There are believed to be no injuries. Law enforcement is responding.

Before being handed the maximum sentence possible in county court today, caregiver Heidi L. Schollard was described as ruthless, narcissistic, thoughtless, manipulative, dangerous, relentless, remorseless, predatory, cruel, selfish, without mercy and completely clueless as to the gravity of her crimes.

The 40-year-old Batavia woman and mother of two who bilked two elderly patients out of hundreds of thousands of dollars was given up to seven years in prison. In May, she pled guilty to four felonies -- three counts of grand larceny, 3rd, which are Class D felonies, and a single count of grand larceny, 4th, a Class E felony.

On the latter conviction, she got one-and-a-third to four years in prison, and for the other crimes she was given two-and-a-third to seven years. These will be served concurrently under the terms of a plea agreement with the District Attorney's Office.

The caregiver was initially arrested in December 2010 for allegedly stealing about $250,000 from a Batavia resident. She was out of jail during the proceedings in that case and was arrested again in March and accused of defrauding another elderly person. The victim in that case is a resident of the Town of Alabama.

When asked about what some may consider a good deal for the defendant, District Attorney Lawrence Friedman said afterward that "there were no assurances with this case" if it had gone to trial. That's because the simple fact that the victims needed a caretaker could call into question their capacity to testify and communicate about the case.

"It is already a hole in the balloon," said a relative of a victim outside the courtroom.

"If Heidi says she was given gifts of money, how do you prove they weren't?" Friedman said, "It's not a slam-dunk and unless you know all the facts of the case, it's easy to -- like the judge said -- be critical."

Schollard, who lives at 161 Bank St., was also ordered to pay restitution to the first victim of $265,131 and $42,026.57 to the second one. In addition, she has to repay the state Department of Taxation and Finance $23,414 and another $2,485 to the NYS Department of Labor. When you tack on another 5-percent surcharge requirement, the order comes to nearly $350,000.

But no one in the courtroom seemed to believe full monetary restitution will ever be made -- certainly not in the victims' lifetime, nor likely in the defendant's lifetime.

In the meanwhile, the victims are having to liquidate many of their assets. And their families are left to pick up the pieces of all the broken lives, according to their testimonies and in letters filed with the court.

The first speaker this afternoon identified himself as a victim's son and told Judge Noonan:

"We were an average American family -- we spent the holidays at my parent's house, Thanksgiving, Christmas, birthdays. We had bumps, but we all got along. Then Heidi came into the house and started to change everything. She moved around the furniture. She did things her way. It became Heidi's house. I didn't even like to enter the house. It felt foreign."

Add this to the mix -- Heidi's in a romantic relationship with his nephew and now the lines of communication in the family are strained.

"We're no longer a family, we have no base anymore, it's gone," he said, choking back his tears.

The next speaker said his aunt was a victim and that Schollard first came into the picture in 2006 when she was highly recommended as a caregiver. In time, the employee's actions resulted in his aunt not being able to live out her years in the lovely home she had had all her life.

"She ruthlessly and thoughtlessly manipulated my aunt to further her criminal plans," the man said.

His aunt experienced a "profound loss of trust, deep depression, self recrimination and has lost her will to live and this has impacted her health."

The nephew went on to say that besides stealing huge amounts of money via hundreds of fraudulent checks and ATM transactions, she continuously violated basic personal boundaries.

As an example of Schollard's manipulative behavior, the nephew said she frequently introduced herself to people as the woman's daughter or granddaughter. She even insisted on being allowed to sit in on his aunt's sessions with her psychiatrist. But the doctor refused and deemed Schollard to be "dangerous."

When his aunt was placed in an assisted-living facility, he said Schollard would go there, after being told to have no contact with her, and not sign in at the front desk. She'd leave with his aunt and then bring her back just in time for her meds so she wouldn't be missed. She gave his aunt a cell phone and only Schollard knew the number to it. Ultimately, he says Schollard tried to move his aunt out of the facility. And not long ago, she tried to contact his aunt in violation of a court order, the nephew said.

A CPA, who had been one of the victim's tax advisor for 25 years and is now a financial co-guardian of the estate, said that in his entire 35-year career, he has never encountered such an egregious example of elder abuse. The accountant said that in the week leading up to a family meeting about the forensic examination of the victim's financial records and the dispensation of 249 checks, Schollard misappropriated $50,000 and covered her tracks by cooking up a second set of books.

Throughout the whole ordeal, the tax man said Schollard showed no remorse whatsoever.

After the testimonies, Friedman said the picture that emerged reflects exactly what "someone like her would say and do," and he told Noonan she deserved no consideration of leniency.

"No one wants her to be at liberty to pay back some part of the restitution," Friedman said. "We seek the strongest maximum sentence."

Noonan said over the past several days he spent hours poring over a voluminous case file. Oddly, the last letter he read was written last week by Schollard herself, and it's chock full of attempted manipulation in order to get leniency. Noonan said it had the complete opposite effect on him.

The other letters he read amounted to more than just the rantings of angry victims. It was practically a case study in how someone can methodically victimize the frail and elderly.

He knows because during the last two years he said he's attended seminars about an emerging trend in the courts -- elder abuse -- which will likely continue as more Baby Boomers age.

Then Noonan put this case in context of his time spent on the bench. In the last 16 years, having meted out prison times for more than 100 cases a year on a wide range of crimes, Heidi L. Schollard's case is a rarity.

"This is a case that's different from any I've ever had before," Noonan said, not only for the huge theft -- none has ever totalled up to this much money, but also because it's rare that he sentences nonviolent, first offenders to a lengthy prison term.

"You are so narcissistic, so self-centered, so unaware of how your conduct fits into the world," Noonan told Schollard. "Society needs to be rid of you for as long as possible. ... You just don't get it...You are a thief who apparently has enough charm to make the elderly feel you are their friend but you are not."

Even her attorney said "We won't waste the court's time asking for mercy."

The perp was sullen, dressed in a gray hoodie and matching pants, wearing white sneakers, tortoise shell-rimmed glasses, with her hair pulled back in a stubby ponytail. Gone was her mug shot's pert semblance of a smile and look of wide-eyed wonder. She sat with slumped shoulders, eyes cast downward, and had nothing to say when the judge asked her if she wanted to speak.

After sentencing, a deputy ushered her off to jail.

Outside the courtroom, her brother-in-law stood, seeming somewhat dazed about what had just taken place. He said this has been a long time in coming and he wanted to witness the proceedings firsthand, so later on Heidi can't lie about what was said. He said she is a pathological liar.

"She's been a peach to deal with for 10 or 15 years," he said, noting that she always blames her troubles on others, or the past.

He said she is the second youngest of 12 children who were split up during childhood and put in foster homes "where some bad things happened." But she denies responsiblity for her actions.

Now he and her sister are the guardians of the former caregiver's children and will be for years to come.

A convicted criminal in Pembroke was allegedly found in possession of four handguns during the execution of a search warrant at his residence Wednesday.

Members of Local Drug Enforcement Task Force were assisting Batavia PD detectives with the search at a home on Allegheny Road when the guns were allegedly found.

The original reason for the search warrant or why it was a Batavia PD case was not released.

Charged with criminal possession of a weapon, 3rd, a Class D felony, is 59-year-old Frederick J. Hensel Jr.

Hensel has a prior criminal conviction, according to the Sheriff's Office, and did not have pistol permit.

Hensel was arraigned in Darien Town Court and jailed on $25,000 bail.

For the second time today, a white male wearing a tan, possibly white, shirt and shorts entered the McDonald's restaurant in Batavia and yelled at patrons not to eat their food. Police are responding.

Alleged intruders are inside the former Laughing Buddha tattoo parlor and reportedly trashing the store and/or throwing things around inside, says a caller to the emergency dispatch center. A rep from building owner Mancuso Properties is en route along with city police.

The store is located on Ellicott Street in the City of Batavia.

An officer on scene reports there are two people inside. An officer asks dispatch to contact former store operator Jason Lang.

UPDATE 10:09 p.m. (by Howard): Free-lance journalist Alecia Kaus went to the scene. It appears there was a misunderstanding over a display counter inside the former store. Another business owner claims he still owns the counter and was removing it. The property owner showed up and wouldn't let the person remove the counter. Authorities were unable to contact Lang to help resolve the issue, so the property claim is being held over until tomorrow.

Ready, set, go! Join the 5K Run/Fun Walk starting at 6:15 Saturday afternoon to benefit Donald R. Carroll's Toys for Kids program. The 5K is in conjunction with historic Downtown's Summer in the City.

All proceeds help make Christmas wishes come true for disadvantaged children in our community.

Check out the Web site at DonCarrollrace.com to register online. The first 75 entries get a T-shirt.

Preregistration is $20. High school students pay $10 (no shirt giveaway). On race day, registration is $25 and you can register from 3 to 6 p.m. at Bank and Main streets near the Senior Center.

The course is certified to be accurate by USA Track & Field ( #NY06914KL). The Start Line (6:15 p.m. SHARP) is Main and Bank by the Senior Center. The Finish Line is there also.

Trophies will be awarded to the best overall male and female; and first-, second- and third-place trophies by age category. There will be no duplicate winners.

Afterward, there will be a 31st Anniversary Party Extravaganza, free for all participants with race numbers, and guests are welcome for a $5 donation. The party will feature music and dancing, chicken BBQ, turkey dogs, yogurt, freshly sliced fruit, ice cold water, and a beer coupon.

Sponsors of the event are:

• T-Shirts, Etc.
• Southside Deli
• That Taco Place
• Wortzman Furniture
• Jerry Arena's Pizzeria
• Center Street Smoke House
• Clor's Meat Market
• Amputee Treatment Center
• Max Pies Furniture
• Grace Baptist Church
• The Insurance Center
• Coffee Culture
• The Enchanted Florist
• Downtown Batavia Business District
• Lays Potato Chips
• The Batavian

At Summer in the City this Saturday, United Memorial Medical Center will have a Health Fair featuring free health screenings, giveaways, raffles, refreshments, information and more.

It will take place from 11 a.m. to 4 p.m. under the tent at Cary Hall, located at 211 E. Main St. -- near the car show.

Bring your kids and grandkids!

Jeremy Newman of WBEE 92.5 will have a live remote broadcast from 2 to 4 p.m.

The free health screenings offered are for blood pressure, blood glucose, total cholesterol. Also, men's prostate health checks will be available from 2 to 4 p.m.

Community partners for the event, which will be there with giveaways and information, are:

• Genesee County Sheriff's Office
• Genesee Veterans Support Network
• Community Action
• County Department of Health
• Lovey's Imagination Station
• UMMC Infection Prevention
• Summit PT and OT
• UMMC Cardiac Rehab
• UMMC Foundation
• Healthy Living
• Wound Care and Hyperbaric Medicine Center
• Maternity
• Fidelis Care
• Dr. William Guthringer
• GC Office for the Aging
• VNA of WNY
• NYS Public Service Commission
• Genesee ARC
• Jerome Senior Apartments
• Cornell Cooperative Extension
• MVP
• GCASA
• Homecare and Hospice
• Dr. Irene Burns
• Allergy Advocacy Association
• Justice for Children Advocacy Center
• ProcAir and UMMC Sleep Services
• Crossroads

A two-car accident with a minor injury -- reportedly neck pain -- is reported at West Main Street and Porter Avenue in the city. City fire and Mercy medics are responding.

UPDATE 2:39 p.m.: City fire is back in service. One patient was transported to UMMC.

Press release:

With the construction of Batavia Downs Casino’s new LED sign, pieces of the old neon sign are now available to interested parties. Batavia Downs Casino has already given two letters to representatives of the Holland Land Office Museum of Batavia, but other letters still remain.

Interested persons should contact Tom Balk, director of Building and Grounds for information on obtaining remaining pieces. It should be noted that the letters are over 7 feet tall and in various states of disrepair having been on the roof for so long. Mr. Balk can be reached at (585) 343-3750, ext. 312.

During a routine patrol Wednesday members of the Local Drug Enforcement Task allegedly spotted two women in a car in a parking lot on West Main Street Road, Batavia, ingesting a controlled substance.

Upon approaching the car, task force members allegedly found the women in possession of a quantity of oxycodone.

Charged with criminal possession of a controlled substance, 7th, were (name redacted upon request, charge dismissed), 19, of Colonial Boulevard, and Julie A. Huntoon, 20, of Jackson Street, Batavia.

Kimberly Dawn Moore, 45, of South Main Street, Warsaw, is charged with criminal possession of a controlled substance. Moore was stopped at 1:34 p.m., Saturday, on Ellicott Street, Batavia, by Deputy Brian Thompson and Officer Eric Hill. Moore was found to allegedly be in illegal possession of hydrocodone. Also charged with criminal possession of a controlled substance was Jon Hoyt Bush, 29, of Oak Orchard Road, Batavia.

Kyle K. Shultz, 18, of Norton Road, Elba, is charged with DWI, driving with a BAC of .08, failure to keep right, open container, mobile phone use in a motor vehicle. Shultz was stopped at 6:14 a.m., Saturday, at Byron Road and Fotch Road, Stafford, by Deputy Brian Thompson. Shultz allegedly had a BAC of .16.