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May 2, 2016 - 2:39pm

Law and Order: Batavia man charged with burglary, possessing stolen property, petit larceny and criminal mischief

posted by Billie Owens in crime, news, batavia, alexander.

Kyle Robert Ratulowski (pictured right), 20, of Batavia, was arrested on April 27 and charged with second-degree burglary, a Class C felony. Troopers received a call of a burglary on Clinton Street in the Town of Batavia on that date. The investigation revealed that a fire safe was taken valued at $200 and that Ratulowski was a possible suspect. Ratulowski was located at a address in the City of Batavia. Ratulowski was arrested and transported to SP Batavia for processing. He was arraigned in the Town of Batavia Court and put in Genesee County Jail for $25,000 bail.

Kyle Robert Ratulowski, 20, of West Main Street Road, Batavia, was arrested at 9:45 p.m. on April 29 for allegedly being in possession of stolen electronics. He was charged with criminal possession of stolen property, 5th, and issued an appearance ticket for Town of Batavia Court on May 10. The goods were reported stolen at 2 p.m. on April 20 from a location of Veterans Memorial Drive, Batavia. At the same time and date of this arrest, Ratulowski was also charged with petit larceny of tools and personal items and for fourth-degree criminal mischief for allegedly damaging a vehicle. These charges stem from an incident at 10 p.m. on April 12 on Park Road in Batavia wherein items were stolen from an unlocked vehicle and the interior of the vehicle was damaged. He is to appear in Town of Batavia Court, also on May 10, to answer these charges. Both cases were handled by Sheriff's Deputy Eric Meyer.

Nicholas Benjamin Wall, 25, of Dodgeson Road, Alexander, is charged with reckless endangerment of property. He was charged following a large explosion on April 15. He allegedly shot a large amount of tannerite at 3465 Dodgeson Road, Alexander, which cause an explosion and shook houses throughout the county.

Rochelle V. Tomlin, 40, of Oak Street, Batavia, is charged with endangering the welfare of a minor and obligation of a parent or guardian. She was arrested at 2 p.m. on April 24 after allegedly allowing her 14-year-old son to violate the city's curfew. At the time the youth was in violation of the curfew, he was "out committing acts that would be considered crimes if performed by an adult," according to the police report. Tomlin is to be in City Court at 1 p.m. on May 10. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Eric Foels.

Todd A. Reynolds, 45, of West Main Street, Batavia, is charged with second-degree harassment and obstructing governmental administration. He was arrested at 10:23 p.m. on May 1 following a domestic incident on West Main Street. He allegedly was kicking the victim during an altercation. He did not cooperate with police upon their arrival and became combative with them. He was put in jail, with bail (unspecified), and was to appear in City Court this afternoon. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Christopher Camp.

Michael E. Weichman, 21, of Bank Street, Batavia, and Alysha E. Weichman and Tyler L. Warner were arrested at 4 p.m. on April 28 and charged with fourth-degree grand larceny and fifth-degree conspiracy for allegedly stealing $1,376.97 worth of groceries from Tops Market in Batavia. They were issued appearance tickets and are to be in City Court on May 10. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jason Davis.

Jared Paul Schmidt, 20, of Silver Springs, is charged with disorderly conduct and open container of an alcoholic beverage in a motor vehicle. He was arrested at 1:35 p.m. on April 23 after he was allegedly observed hitting/striking his vehicle, which was parked roadside on Ellicott Street, and obstructing vehicular traffic. He was allegedly found to have an open bottle of beer in the center console of his vehicle. He was ordered to be in City Court on May 3. The case was handled by Batavia Police Officer Darryle Streeter.

Patricia A. Poole, 26, of Liberty Street, Batavia, is charged with violation of conditional discharge. She was located on Liberty Street at 4:05 p.m. on April 30 and arrested on a bench warrant issued for a disorderly conduct charge from November 2009. She was released and ordered to appear in Batavia City Court this afternoon. During the handling of this case, responding officers discovered that Poole had an active warrant from 2012. She was subsequently arrested and jailed in lieu of $500 bail. She is also to appear in City Court this afternoon on the 2012 warrant case. The cases were handled by Batavia Police Officer Felicia DeGroot and Officer Peter Flanagan.

James N. DiFalco, 19, of South Main Street, Batavia, is charged with criminal possession of stolen property. He was arrested after allegedly being found in possession of stolen game system and selling it to a game store for cash on April 20. He is to return to Batavia City Court on May 10. The case was handled by Batavia Police Officer Jamie Givens.

James R. Sweet, 54, of Walnut Street, Batavia, is charged with conducting an open burn. At 5:50 p.m. on April 28, Sweet was allegedly found to be burning debris in his yard on Walnut Street in violation of the city's municipal code. He is to appear in City Court on May 10. The case was handled by Batavia Police Officer Christopher Lindsay.

Latiqua S. Jackson, 22, of East Main Street, Batavia, is charged with petit larceny. She was arrested April 25 after allegedly stealing a Sony PlayStation 3 from a residence on Tracy Avenue on April 18. She is to be in City Court on May 3. The case was handled by Batavia Police Officer Arick Perkins.

Marquita Shanee Davis, 28, of Old Meadow Lane, Batavia, is charged with petit larceny. She was arrested at 3:25 p.m. on May 1 as a result of a shoplifting complaint. It is alleged that she stole $73.57 worth of merchandise from a location on Veterans Memorial Drive, Batavia. She was released with an appearance ticket for Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Richard Schildwaster.

Chante Dominique Davis, 30, of Old Meadow Lane, Batavia, is charged with petit larceny. She was arrested at 3:25 p.m. on May 1 as a result of a shoplifting complaint. It is alleged that she stole $73.57 worth of merchandise from a location on Veterans Memorial Drive, Batavia. She was released with an appearance ticket for Town of Batavia Court at a later date. The case was handled by Sheriff's Deputy Richard Schildwaster.

A 17-year-old from Pavilion is charged with petit larceny. The suspect was arrested April 30 in connection with a shoplifting incident wherein several articles of clothing were stolen from a local store. The youth was issued an appearance ticket for May 9 in Town of Batavia Court. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Richard Schildwaster.

Pierre A. Triplett Jr., 20, no permanent address, is charged with petit larceny. He was arrested following an investigation of shoplifting at Tops Market in Batavia at 10:46 a.m. on April 28. He is to be in City Court on May 3. The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Marc Lawrence.

Brad L. Ohlson, 39, of Union Street, Batavia, was arrested on April 25 on a bench warrant issued out of Batavia City Court after his alleged failure to comply with the conditions of his release under supervision. He was held on bail and was to appear in City Court April 25. The case was handled by Batavia Police Officer Mitchell Cowen.

Mariah R. Hagen, 20, of Pratt Road, Batavia, is charged with unlawful possession of marijuana. She was arrested on the charge following a traffic stop at 9:24 p.m. on April 21 on State Street, Batavia. She is due in City Court on May 4. The case was handled by Batavia Police Officer Thad Mart, assisted by Officer Christopher Camp.

Jason Crater
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Joined: Aug 25 2009 - 10:01am

Is it considered an open burn if you have your fire contained to a fire pit?

Billie Owens
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Joined: Mar 23 2009 - 1:22pm

On the city's Web site, under government, under city code, under chapter 125, the topic of burning is covered.

An open burn is defined as: The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots, and similar devices associated with safety or occupational uses.

125-4: Open burning:

Open burning shall be prohibited.

In 125-5 recreational fires are defined and the rules provided. It says:

A.
A recreational fire shall not be conducted within 25 feet of any building, structure, or combustible material unless the fire is contained in a barbecue pit or outdoor fireplace. Materials used for fuel for a recreational fire shall consist of wood only.
B.
Exceptions.
(1)
A cooking fire shall be contained in a cooking device designed for cooking and be fueled by natural gas, liquified petroleum gas, or commercial charcoal or briquets.
(2)
A recreational fire contained in a container, designed for burning combustibles, positioned on a noncombustible surface, and that is not less than 15 feet from a building or structure.
(3)
A cooking fire in a container, designed as a barbecue pit, positioned on a noncombustible surface, and that is not less than 15 feet from a building or structure.
C.
A recreational fire that is hazardous, offensive, objectionable, or unreasonably interferes with the comfortable enjoyment of life or property due to smoke or odor emissions shall be prohibited.
D.
The Fire Chief or Chief of Police or his or her designee is authorized to order the extinguishment of a recreational fire which creates or adds to a hazardous, offensive, or objectionable condition.

The next section, 125-6, deals with attendance and says:

Bonfires (which require an open burn permit) and recreational fires shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher with a minimum 4-A rating or other locally approved on-site fire extinguishing equipment, such as dirt, sand, a water barrel, garden hose or fire truck, shall be available for immediate utilization.

Jason Crater
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Joined: Aug 25 2009 - 10:01am

Thanks Billie. So it would be considered a recreational fire and NOT an open burn?

Billie Owens
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Joined: Mar 23 2009 - 1:22pm

Yes, that's my interpretation. Howard and I have a small fire pit in our backyard and we burn logs and there's a garden hose handy, so I think we're OK. Our neighbors don't mind and smoke isn't blowing in their windows. But no one wants people burning tires or trash and such or having some big conflagration that looks like it could get out of hand any moment, and the rules are fashioned accordingly.

Jason Crater
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Joined: Aug 25 2009 - 10:01am

Right on. Thanks!

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