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Law and Order: Motorcyclist involved in accident charged with DWI

By Howard B. Owens

Thomas Richard Ellis, 46, of Kings Lane, Rochester, is charged with DWI, failure to keep right, speed not reasonable and prudent, unapproved/no face shield on motorcycle and driving without corrective lenses. Ellis was charged following a motorcycle accident at 8:06 p.m., Friday, in the area of 4491 Old Ford Road, Elba. (initial report)

Ronald Jason Scroger, 33, of Swan Street, Batavia, is charged with two counts petit larceny and criminal mischief, 4th. On Friday, Scroger allegedly went to Walmart and removed merchandise from its packaging, damaging the item's package. He then allegedly left the store with $170.82 in stolen merchandise. He then allegedly returned with a stolen item and exchanged it for a gift card with a value of $34.97.

Kelly James Rhim, 35, of Eller Street, Batavia, is charged with unlawful possession of marijuana, driving with a BAC of .08 or greater and DWI. Rhim was stopped at 2:15 a.m., Saturday, on West Main Street Road, Batavia, by Deputy Joseph Corona.

Jeffrey Scott Vandusen, 24, of Chapel Avenue, Cheektowaga, is charged with resisting arrest. Vandusen is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Kory James Towne, 23, of Phelps Road, Corfu, is charged with resisting arrest, speeding and failure to yield. Towne is accused of fleeing from law enforcement during an attempted traffic stop at 8:05 p.m., Sept. 18, on Phelps Road, Pembroke, for alleged traffic violations.

Samuel J. Singletary, 50, of Alphonse Street, Rochester, was arrested on warrants for alleged aggravated unlicensed operation and speeding. Singletary was arrested upon his arrest from the Monroe County Jail on unrelated matters and arraigned in Town of Elba Court. Bail was set at $500.

Kevin Albert Roberts, 22, of Perry Road, North Java, is charged with petit larceny and conspiracy, 6th. Roberts is accused of conspiring with another person to shoplift at Walmart.

Mathew Lee Klein, 19, of Dodgeson Road, Alexander, is charged with trespass. Klein was allegedly seen atop the roof of the bus garage at Alexander Central School at 1:48 a.m., Sept. 21.

Jerell J.T. Jones, 25, and Nathaniel R. Davis, 18, both of 20 N. Spruce St., Batavia, are each charged with two counts of petit larceny. Jones and Davis are accused of shoplifting from YNGodess on two separate occasions. Jones and Davis were jailed on $1,000 bail each.

The following individuals were cited for alleged possession/consumption of alcohol under age 21 following a Batavia PD investigation into a complaint of a loud party at 25 Trumbull Parkway at 12:23 a.m., Friday: Eric J. Soto, 19, Ian J. Legares, 18, Emmanuel Garcia, 20, Jessie C. D'Paula, 20, Stephanie E. Griffin, 20, Carlton RV Lampe, 18, Michael A. Archer, 19, Leofal Soto, 19, Jared R. Wansart, 19, Troy R. Pakusch, 19, Jah-Neel A. Warner, 17, Adam T. Pratt, 19, Lasania S. Hyatt, 19, Jared J. Midwick, 18, Carrie M. Curry, 19, Randy O. Mutt, 19, Andrea F. Parravano, 19, Shanique Y. Headley, 18, Ashley R. Makowski, 18.

Dennis A. Edson, 49, of 17 Porter Ave., Batavia, is charged with trespass. Edson is accused of entering a neighbor's property without permission.

Dajuandrick C. Gardner, 36, of 22 East Ave., Batavia, is charged with criminal possession of a controlled substance, 7th. Gardner was allegedly found in possession of a crack pipe.

Andrew DeMara Hewitt, 29, of North Street, Churchville, was arrested on a warrant related to a petit larceny charge. Hewitt allegedly did not appear on a petit larceny charged in Town of Byron Court. He was jailed on $150 bail.

Jeremy L. Jones, 20, of Hammonsport, is charged with unlawful possession of marijuana. Jones was arrested by State Police in the Town of Pavilion. No further details released.

Photos: Rotary Brewfest 2013

By Howard B. Owens

The Rotary Club of Batavia hosted its annual brewfest again this year, but with Batavia Downs being remodeled, the club set up tents along Alva Place instead and served brews to hundreds of attendees.

Vibrant Batavia kicks off 'Coffee Talk' series

By Howard B. Owens

The first of four planned "Coffee Talk" events sponsored by Vibrant Batavia was held this morning at City Hall. The events are designed to collect feedback on what residents think needs to be done to improve life in Batavia and identify potential neighborhood leaders. Today's event was focused on residents from the Northside.

Above, Vibrant Batavia Director Leanna Di Risio.

William Gregory, of State Street, pictured below, said he came out to the event this morning because he's concerned about his commmunity.

"I think it would be nice to know more of my neighbors and hopefully we can solve some of the issues we have," Gregory said.

The next Coffee Talk is from 10 a.m. to noon, Oct. 5, at Williams Park.

For more on the event and the schedule, click here.

Race downtown this morning benefited Child Advocacy Center

By Howard B. Owens

The Child Advocacy Center sponsored a 5K run/walk in Downtown Batavia this morning. The event was held in conjunction with a dozen other 5Ks sponsored by CACs in cities around the state.

We've not received race results yet, but we do know that Todd Masters won and all of the top four finishers are all members of the Kiwanis Club's 5K team.

Todd Masters

Police still investigating reports overnight of the sound of 'shots fired' on State Street

By Howard B. Owens

Batavia PD is investigating reports of shots fired on State Street last night, Chief Shawn Heubush confirmed today.

The reports came in some time after 11 p.m. and officers searched the area, according to radio traffic, for a couple of different vehicles in order to question subjects.

Heubusch did not confirm whether any interviews took place.

There is no report of any injuries at this time nor confirmation that a gun or guns were fired.

Batavia Blue Devils come up short against Gates Chili

By Steve Ognibene

Head Coach Jeremy Mettler of Batavia’s varsity volleyball team knew last night’s match-up would be a tough game going in. 

Batavia jumped ahead of Gates Chili in the first two sets 25-17 and 25-19. Senior Ashlee Yasses led the night for the Blue Devils with seven aces, 14 assists and seven digs. Seniors Haley Case had eight kills and Maggie Saquella five kills. Sophmore Tessa Engel added eight kills to the squad.  

Batavia was down by eight in the third set and was not serving well. Coach Mettler said, "We dug ourselves in a hole and battled back to finish close but lost 22-25."

Gates Chili had some new life and took one set at a time. Gates Chili Head Coach Cindy Hay said, "it has happened to us a couple times this season and the girls never give up. We wanted to win that third set and come back like we have before in games and prove it can be done."

5”2’ Freshman Jess Giannoccaro tallied eight kills, six aces,12 digs and one block while Lizzy Thrasher recorded nine kills and six blocks to help them turn the game around in the fourth set. Batavia lost that momentum and the set 15-25, which tied the night 2-2 for a fifth and deciding set.

Batavia came ahead early 5-1 and played aggressively serving like they did in the first two sets. Gates Chili came back to tie then went ahead 13-11 when both teams switched sides. Batavia got close to being down by four, but ended 17-25 in the last set. Gates Chili moved ahead to 7-2 on the year and Batavia’s record is 7-5.

Senior Night will finish Batavia’s next and last home regular season game on Oct. 17 vs. Brighton.

Sponsored Post: Mancuso Real Estate has a beautiful location across from Centennial Park for sale!

By Lisa Ace

Great location for this 3 bedroom 3 bath ranch located across the street from Centennial Park. This home includes 3 large bedrooms, two with attached baths. Beautiful living room with wood burning fireplace and formal dining room. Convenient first floor laundry and attached garage are among the great features of this home. Large deck overlooking Centennial Park which you can enjoy all year long without the hassle of upkeeping.

List Price: $104,900
Address: 14 Park Ave., Batavia, NY 14020

For more information about this listing, please contact Mike Sisson, Sales Agent, Mancuso Real Estate at 585-409-4172 or email mike@mancusoproperties.com. Visit us online to view all of our current listings: www.mancusoRE.com

Present Tense books on Washington announces plans to close

By Howard B. Owens

Present Tense books and gifts, on the corner of Washington and State, Batavia, will be closed as of Nov. 1, owner Erica Caldwell announced today in an e-mail to customers.

The store will start selling items at marked down prices on Oct. 8. Store fixtures will also be fore sale.

Here's a portion of the e-mail:

Present Tense could not have flourished for eight years without the help and support of many people:

  • YOU, our customers. It has been a privilege to provide books for you for these past eight years. We have enjoyed reading, talking, and sharing with you and treasure the many friendships we have made.
  • TERRI MARCHESE and MARCY RUBIN, my dependable, enthusiastic, book-loving sidekicks. Also, thank you to CHASITY MOORE, KELLY DUDLEY, and MARCIA GANN, who were willing to help out when needed.
  • MY FAMILY, especially my parents and sister, who spent quite a lot of time arranging, rearranging, hanging, shelving, fixing, proofreading, baking, and generally improvising to help me create the space and materials I envisioned for Present Tense. Thanks to my father-in-law for his willingness to put on a red suit and white beard every year for our Holiday Open House.
  • DARRICK COLEMAN, my husband, who was not only willing to let me try running an independent bookstore but has also been the one I call for all the worst jobs, like fixing the printers, hanging Christmas lights in high places in the freezing cold, correcting my endless bookkeeping errors, and once even donning the black robe and wig of Severus Snape. Malcolm Gladwell says that creative success is often highly contingent on the efforts of others, and that creative individuals’ stories are invariably love stories. That has certainly been the story of Present Tense.

After 33 years, Gary Diegelman takes final call as an emergency dispatcher

By Howard B. Owens

A lot's changed since Gary Diegelman became an emergency dispatcher 33 years ago.

When Diegelman started there was one computer in the dispatch center. There was a manual typewriter for incident reports and a handwritten blotter book.

Today, a dispatcher sits in front a multi-line phone with six computer screens to track calls, incidents and the location and availability of first responders.

On his first day on the job, Diegelman was told, "here's a chair. Here's your training manuals. Sit down and shut up."

On his second day on the job, there was only one other dispatcher scheduled to work, Tom Graham (now town justice in Oakfield). Graham turned to Diegelman and said, "I hope you know what you're doing because you've got fire dispatch."

Today, a dispatcher is put through a minimum of four months of training before they're allowed to take calls and make dispatches on their own.

All of the changes that have taken place to make the Genesee County Emergency Dispatch Center what it is today is enough change for Diegelman, he said.

"Everybody says you know when it's time, and it's time," Diegelman said during his retirement party at the Sheriff's Office on Park Road. "I've been through so many changes I don't want to go through any more changes. With this new radio system coming and everything else, it's time."

Sheriff Gary Maha praised not only Diegelman's persistence in a very stressful job but the experience and dedication he brought to the department.

"I think he enjoyed the job," Maha said. "He learned a lot and we will miss his experience and his expertise. Like any job, you've got to be able to enjoy the job to be able to stick with it as long as he did."

During his 33 year career, Diegelman received four commendation awards, a certificate of appreciation, a meritorious award for continuous excellence, and a distinguished service award.

The job of a dispatcher alternates between times quiet and calm and then moments if not hours of overwhelming call volume.

Computers, Maha said, haven't necessarily made the job easier. There's more information to track.

It takes a person uniquely suited to the job to make it as a dispatcher, Diegelman said. You've got to be able to handle the lulls as well as the times of frantic work. You've also got to be able to deal with a public that can sometimes be surly and uncooperative.

"You need to be able to hear the public, what they want and be able to help them," Diegelman said. "You get people won don't really know what they want and you need to stir them and help them get to the right spot and then you get people who are belligerent and don't treat you well on the phone and you've got to control your emotions."

And then, he said, "there are a number of people who don't often call an emergency dispatcher and when they do, they want something and they need something and you're the first one they talk to."

The job is all about serving the public, Diegelman said.

One call Diegelman remembers the most is the night a woman called and thought there was an intruder breaking into her house. It's not an unusual kind of call and often such calls prove to be unfounded, but this time, somebody had broken into this woman's house and while Diegelman was still on the phone with her. Somehow during the attack, the intruder realized the woman was on the phone with a 9-1-1 operator and fled.

The intruder was never caught, but the woman suffered no serious injuries and thanked Diegelman later for being there for her.

"You've got to be that person who can take the call and not let it get to you because the next day you've got to go on," Diegelman said.

After 33 years of service, Gary Diegelman will no longer be taking those calls.

LISTEN: Gary DIegelman's final transmission as a dispatcher.

Batavia man charged in alleged assault on State Street

By Howard B. Owens

The victim of an assault on State Street yesterday afternoon was released from the hospital this morning and his alleged assailant was jailed last night without bail.

Woodrow Clarence Horseman, 37, address unknown, was charged with assault, 2nd.

The name and age of his alleged victim have not been released.

Det. Kevin Czora said Horseman and the alleged victim are acquaintances, and while there may have been a verbal exchange prior to the victim being hit, witnesses said they saw nothing they believed would have provoked an assault.

The alleged assault occurred on State Street at about 3:15.

The alleged victim was reportedly unconscious when transported by Mercy EMS to the Mercy Flight hangar for air transport to Strong.

Young Batavia swim team developing strong swimmers

By Howard B. Owens

The Batavia girls swimming team put together a 94-63 win over Wilson at the GCC pool Thursday and the girls were clearly excited about the victory after the meet.

As the second smallest Class B team in the Monroe League, team wins are hard to come by for Batavia, but the program continues to develop promising young swimmers said Co-head Coach Sarah Geitner.

"We have a lot of very young swimmers, but everybody has fantastic attitude and wants to learn," Geitner said.

Because the school doesn't have its own pool, it can't field a modified team so it's a little tougher to build a varsity program, Geitner said.

"At the start of the season, we weren't sure if there would even be enough girls for a team and now that we're up to 14 girls, we're really excited," Geitner said.

Two girls joined the team this week.

At the top of the young roster are freshman Natalie Amico, junior Emily DiBacco, seventh-grader Elle Fulton and sophomore Brooke Leddon, the team's lone diver.

For the 14 girls on the team, team spirit was in strong supply at Thursday's match. Not only did the swimmers cheer their teammates, they cheered the Wilson swimmers as well.

Geitner said she would like to get more of the girls involved in the YMCA swimming programs to take an interest in joining the Batavia High School team.

"In order to grow a better program, we want to encourage more Y swimmers to come in and take the test," Geitner said.

To purchase prints of photos, click here.

Law and Order: Alleged shoplifters arrested at Walmart and Bed, Bath & Beyond

By Howard B. Owens

Patricia Ann Herzog, 46, of Ross Street, Batavia, is charged with petit larceny.  Herzog is accused of stealing $465.11 in merchandise from Walmart.

Nicholas Joseph Mungillo, 19, of Union Square, Batavia, is charged with petit larceny. Mungillo is accused of stealing $137.93 in merchandise from Bed, Bath & Beyond.

David M. Kohmescher, 32, of McCall Road, Rochester, was arrested on a warrant related to an aggravated unlicensed operation charge. Kohmescher was stopped by Rochester PD for an alleged traffic violation and found to be a warrant suspect from the Town of Le Roy.  He was turned over ot the Sheriff's Office, arraigned in Town of Le Roy Court, and released.

Man seriously injured in altercation unconscious at State Street and Hutchins Place

By Billie Owens

A seriously injured man is outside in the area of State Street and Hutchins Place in the city. He is unconscious and was possibly involved in an altercation. Police are on scene and Mercy medics are proceeding there.

UPDATE 3:29 p.m.: A suspect is in custody. At this point, police do not believe a weapon was used. A witness said the unconscious man was punched by another man.

UPDATE 3:34 p.m.: An ambulance is transporting the patient to the airport hangar so he can be flown by Mercy Flight to a hospital.

UPDATE 3:54 p.m.: Mercy Flight is transporting to Strong Memorial Hospital.

Photo: Potato harvest

By Howard B. Owens

Out on Route 5 this morning, kind of in the Bushville area, crews were harvesting potatoes.

Photo: Fall color at GCC

By Howard B. Owens

After Jerry Greenfield's talk at Genesee Community College yesterday, I stopped to take a picture of the GCC clock framed by autumn color. Greenfield is co-founder of Ben & Jerry's Homemade, Inc.

Don Carroll leaves a legacy of generosity

By Bonnie Marrocco

Batavia resident Donald R. Carroll dedicated himself to his community and spent most of his life helping youth in Genesee County: He lived by his motto, “Pay it forward.” He is well known in Western New York for his charity work, which has raised thousands of dollars for many young residents of Genesee County over the last 30-plus years.

Carroll was diagnosed with esophageal cancer last March and succumbed to the disease Wednesday morning. He was 58.

A former employee at Angelica Healthcare, he stopped working after his diagnosis, but he continued to devote his life to raising money to buy toys for his yearly Christmastime party for children in need.

“Don was a very humble man who truly believed in paying it forward,” said Jerry Foster, his sixth-grade teacher, lifelong friend and helper with Don's various charity efforts, including the annual 5K run and Toys for Kids.

“His personal life experience and the lessons he learned from his aunt who raised him, made him the man we all knew. Right up to the end he was concerned about missing this year's Toys for Kids toy distribution party. It was always an emotional time for him, a person who definitely knew the meaning of the words poverty, compassion and caring.”

Carroll graduated from Oakfield-Alabama Central School in 1974. Instead of following the trend of going off to college after getting his diploma, Carroll decided to join the workforce and focus on his passion for helping less fortunate children.

He was born in Kansas City, Kan., but he and one of his sisters ended up being raised by an aunt in Oakfield after losing both parents at an early age.

“I lost my parents when I was 5 and people were very generous to me and my sister at Christmastime. That’s something I never forgot and that’s why I do it,” Carroll said. “I strongly believe all of us become who we are because of life experiences and the way we react to those experiences. We can pick up the ball and run with it, or we can fumble our way through life. I chose to run.”

For his first organized project, he partnered with the Genesee/Wyoming YMCA to raise money to send kids to camp. The fundraiser was successful for 23 years.

Shortly after the camp fundraiser, Carroll switched his focus to helping students with college expenses. He started a 5k and 10k run in Batavia to support the Genesee Community College Foundation.

Carroll collaborated with the YMCA over the years on many different occasions; most recently they combined efforts for Don’s Secret Santa fundraiser to give gifts to children at Christmastime.

Carroll wanted to ensure that underprivileged children would not be disappointed on Christmas morning. This project has recently been expanded to provide grade-school kids with supplies for school and winter coats.

Despite preferring to achieve results rather than garner recognition, Carroll received numerous awards and certificates for his humanitarian efforts. In 1997 Carroll was named Geneseean of the Year by the Chamber of Commerce and he was inducted into the Oakfield-Alabama Central School Hall of Fame in 2009.

MVP Health Care awarded Carroll the Ultimate Game Changer in 2012. The contest was looking for people who make a significant difference in their communities by making them better, healthier places to live.

“All of the game changer finalists are examples of the kinds of everyday heroes MVP wanted to celebrate,” said Denise Gonick, MVP’s president of Operations. “Don’s story, especially, is wonderfully inspiring. Despite all the hardship in his life and, now, his illness, Don has never stopped giving back and paying it forward. It’s a reminder that wherever you are, whoever you are, you can make a difference.”

Foster now serves as a member of the fund committee, which has a mission to carry out Carroll’s last wish.

“His main thing when I talked to him was, he wanted to make sure the kids’ party goes off in December,” Foster said. “I promised him it would.”

The committee will discuss how to proceed with fundraisers, including the Donald R. Carroll 5K that has been part of Summer in the City each year.

Carroll didn’t want to be the center of attention, so he requested that there be no calling hours and no memorial service, Foster said.

“A Celebration of Don’s Life” will be held instead at 7 p.m. Monday at Grace Baptist Church, 238 Vine St.

He is to be cremated and his ashes spread on his Aunt Ruth Anderson’s grave at Hillside Cemetery in East Pembroke.

Memorials may be made to the Donald R. Carroll Toys for Kids Fund, care of Grace Baptist Church, 238 Vine St., Batavia, NY 14020.

Troopers deliver ice cream social to students at NYS School for the Blind

By Howard B. Owens

Students at the New York State School for the Blind in Batavia were paid a special visit today by members of the State Police out of the Batavia Barracks, Troop A.

The troopers hosted an ice cream social (ice cream donated by Perry's) and interacted with the students, letting them touch their holsters, pet the K-9, sit in a patrol vehicle and blast the siren themselves.

This past winter Troop A hosted a fundraiser and donated the proceeds to the School for the Blind. They dropped off the donation around Christmas and had so much fun, they decided they wanted to find a reason to come back

"We received a donation and so we thought we would come out and give it to them," Sgt. David Martek said. "It's just something for the kids. We had a good time with them last year and we just thought we'd come back and do something fun for them."

Other uniformed personnel participating today were Trooper Nicole Berostko, Trooper James Jackson, Trooper Michael Swarthout and Sgt. Mike Dembrow.

Martek said, however, it was really the Batavia Barrack's civil staff who put the event together, arranged the donations and were on hand to serve the ice cream.

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