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Law and Order: Le Roy resident accused of burglary while violating order of protection

By Howard B. Owens

Nicholas G. Williams, 41, of West Main Street Road, Batavia, is charged with criminal contempt, 2nd, and burglary, 2nd. Williams is accused of unlawfully entering a dwelling in Le Roy with the intent to commit a crime, thereby violating a court order to stay away from the resident. He was also charged with resisting arrest. He allegedly resisted officers when they attempted to place handcuffs on his wrists. He was jailed on $10,000 bail.

Christina M. Sanchez-Anderson, 29, and Kodey R. Mills, 24, both of Church Street, Le Roy, were charged with criminal possession of a controlled substance, 7th. Sanchez-Anderson and Mills were arrested after Le Roy PD responded to a report of a domestic disturbance at 9:30 a.m., Sunday. During the investigation police allegedly observed a crack pipe in plain view in the living room. Mills was released on an appearance ticket. There was a warrant for the arrest of Sanchez-Anderson on an unrelated charge. She was jailed on $1,000 bail.

Lori A. Say, 50, of Roanoke Road, Stafford, is charged with petit larceny. Say is accused of shoplifting from a business on West Avenue in the Village of Le Roy.

James M. Tinker, 25, of Fowler Road, Linwood, is charged with criminal mischief, 4th. Tinker is accused of punching and breaking the window of another person in the Village of Le Roy during a dispute. Tinker was treated for cuts on his hand an issued an appearance ticket.

Chazmar T. Walters, 25, of Myrtle Street, Le Roy, was arrested on a warrant for alleged failure to appear. 

Brian Gilbert Keller, 22, of Sumner Road, Darien, is charged with criminal contempt, 1st, and harassment, 2nd. Keller allegedly spit in the face of another person, a violation of a refrain from offensive conduct order of protection. He was jailed on $10,000 bail, $15,000 bond.

Chicken coop fire near residence reported on Galloway Road, Batavia

By Howard B. Owens

A chicken coop fire is reported at 3246 Galloway Road.

A first responder on scene reports two sheds, one completely on the ground, the other starting to get fully involved, about 50 feet from the residence.

Town of Batavia fire with mutual aid from Oakfield dispatched.

UPDATE 6:48 a.m.: East Pembroke requested to stand by in quarters. The flammables and snowblower removed from the second shed.

UPDATE 6:53 a.m.: Per town command, everything on the road can respond non-emergency. East Pembroke can go back in service.

It's a girl: UMMC announces first baby born in 2018

By Howard B. Owens

Press release:

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United Memorial Medical Center welcomed the hospital’s first baby delivered in the New Year. Madison Marie Fitzwater was born to first-time parents Amanda Inman and Gary Fitzwater at 8:28 am on Jan. 2, 2018.  Madison weighed 6 pounds, 12 ounces and measured 19 inches long.

The family was presented with a stroller and a gift basket that included baby essentials, safety items, blankets, crib soother and a $100 gift card.

United Memorial Medical Center’s Maternity Floor offers private post-partum rooms designed for maximum comfort with relaxing colors, soft lighting, private bathrooms, and reclining couches for guests. UMMC delivered 576 babies in 2017. To learn more about childbirth and maternity at United Memorial Medical Center, visit RochesterRegional.org.

Elected officials react to Cuomo's state of state speech

By Howard B. Owens

Press release from Assemblyman Steve Hawley:

“Although I am glad that the governor did not continue his game of political hide-and-seek with the legislature as we saw last year, wasting large sums of taxpayer money to present over 20 ideas with unsubstantiated legislative backing or confirmed funding sources amounts to little more than an expensive taxpayer-funded speech.

“I am glad to be back in Albany continuing to work hard for the residents of Genesee, Orleans and Monroe counties with my focus on lowing our families’ tax burden, making New York more business-friendly, fully funding our infrastructure and continuing to reform our charitable gaming laws.”

Press release from State Senator Michael H. Ranzenhofer:

“This year, the state of New York is facing a deficit in the billions. The budget must be balanced by restraining spending and not by more taxes for a state that has one of the highest burdens in the nation. It’s time to remove the barriers that inhibit growth in our Upstate economy and enact policies that stem the consistent loss of population of past decades, such as enacting comprehensive regulatory reforms and cutting energy taxes. 

“We should also seriously consider eliminating expenditures for the state’s economic development programs that are not creating jobs, including Start-Up NY and the tens of millions of dollars being spent on television advertising by the Executive.

“By getting our fiscal house in order, we can continue investments in improvements to our community’s transportation infrastructure and water quality, combating the heroin and opioid crisis and ensuring Western New York gets its fair share of state funding for our schools.”

Press release from Congressman Chris Collins:

"The Governor's speech was a pathetic attempt to rile his base, although even they have realized that his political empire is crumbling judging from the fact that the loudest round of applause came when he mentioned the Buffalo Bills. Republicans under President Trump have lowered taxes, rolled back regulations, and are seeing explosive economic growth. In comparison, under Andrew Cuomo, New York is facing a $4 billion deficit, the New York City subway is crumbling, and the FBI has opened an investigation into his hiring practices. New Yorkers deserve better."

Minor injuries reported after truck strikes tree on Bethany Center Road, Bethany

By Howard B. Owens

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One person suffered minor injuries and was transported to UMMC by Bethany's ambulance following an accident at 9:27 p.m. in the area of 11176 Bethany Center Road, Bethany. 

A truck went off the roadway and struck a tree.

Bethany fire and ambulance responded. State Police are handling the investigation.

Photos by Glenn Adams.

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Law and Order: Inmate charged following fight in jail

By Howard B. Owens

Michael Paul Carey, 32, of Main Street, Batavia, is charged with criminal obstruction of breathing or circulation.  Carey is accused of fighting with another inmate in the Genesee County Jail at 11:33 p.m., Monday. Carey allegedly tried to strangle a fellow inmate.

Allea Beth Devos, 30, of Prospect Street, Batavia, is charged with DWI, failure to dim headlights, and refusal to take breath test. Devos was stopped at 9:31 p.m., New Year's Eve, on Ellicott Street, Batavia, by Sgt. Eric Seppala.

Rebecca Sue Hensel, 35, of Pratt Road, Batavia, is charged with felony DWI, felony driving with a BAC of .08 or greater, and speeding. Hensel was stopped at 10:39 p.m., Friday, on Main Street Road, Batavia, by Deputy Mathew Clor.

Edward Jordan White, 22, of Michigan Street, Lockport, is charged with possession of dangerous contraband while confined in the first degree. White, while an inmate at the Genesee County Jail, allegedly possessed an alcoholic beverage at 9:43 p.m., Dec. 26.  He is being held on unrelated charges.

Michaela Rose Leach, 18, of Transit Road, Pavilion, is charged with trespass.  Leach was allegedly found at College Village after being barred from the property four days earlier.

Matthew H. Pape, 26, of Oakfield, is charged with harassment 2nd and endangering the welfare of a child. Pape was arrested by State Police following the report of an incident at 9:49 p.m., Monday, in Oakfield. Pape was jailed on bail. No further details released.

Eric M. Schroer, 22, of Depew, is charged with DWI and driving with a BAC of .08 or greater. Schroer was stopped at 10:03 p.m., on New Year's Eve, at Tensow Road and Bloomingdale Road, Alabama, by State Police.

Elba resident killed in Thruway crash in Depew

By Howard B. Owens

A 64-year-old Elba resident died yesterday following a traffic accident on the Thruway at mile marker 417.2, in Depew, when he was unable to stop in time to avoid rear-ending a tractor-trailer that stopped quickly to avoid another collision.

Edward Torres was transported by ground ambulance following the accident at 1:54 p.m. to Erie County Medical Center where he was pronounced dead.

State Police say Torres was eastbound behind a tractor-trailer that was also eastbound. There was an accident ahead of the truck and the truck came to an abrupt stop. Torres was unable to stop in time to avoid a crash.

There were other people injured and one person remains in serious condition.

The accident remains under investigation.

Accident on Thruway in Depew tying up traffic in Genesee County

By Howard B. Owens

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A traffic accident in Depew has closed the New York State Thruway in both directions and that is having an impact on traffic in Genesee County.

Besides the westbound closure from Pembroke toward Depew, Route 77 is also clogged with traffic. It sounds like there is congestion into Corfu.

The traffic camera above shows the eastbound lane blocked in Depew; however, the Pembroke exit 48 camera (below) just started showing eastbound traffic flowing through the area again while westbound traffic is still being diverted off the Thruway in Pembroke.

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Batavia PD raises nearly $2K for charities in November and December

By Howard B. Owens

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Press release:

The Batavia Police Department has closed out the Mo-Vember / Don’t Shave December campaigns for 2017. The department was able to raise $1,320 for Genesee Cancer Assistance during Mo-Vember.

Don’t Shave December raised more than $600 for Genesee County Sheriff’s Jail Deputy Nicholas Bender and his family. Members of the department would like to thank the community for their support and donations.

The Mo-Vember Worldwide Campaign started in 2003 in Australia and has since grown. Mo-vember was started to bring awareness to men’s health; specifically, prostate cancer, testicular cancer, mental health and suicide prevention.

Submitted photo: Sue Underwood, director of Genesee Cancer Assistance, receives a donation check from Officer Frank Klimjack. Also pictured, Sgt. Chris Camp, Officer Jason Davis, Chief Shawn Heubusch, and Officer James Prusak.

Rotary tournament returns for 29th year tomorrow with Notre Dame, Attica, Batavia, and Cal-Mum

By Howard B. Owens

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For the 29th year, the Batavia Rotary Club will host its annual girl's basketball tournament at Genesee Community College starting at 6 p.m. tomorrow.

The club hosted a tip-off luncheon today the Arc Community Center in Batavia.

First game tomorrow pits Notre Dame against Attica and the nightcap matches Batavia and Cal-Mum, the defending champions.

The consolation and championship game will be Friday at GCC.

UPDATE: Because of anticipated bad weather, the finals will be played on Thursday.

Photo: Margaret Sutherland, Notre Dame, Taylor Gadd, Attica, Mackenzie Wilson, Cal-Mum, and Bri Janes, Batavia.

Below, the Attica players who attended the luncheon pose for a group selfie after the event.

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Weather closings for Tuesday

By Howard B. Owens

Here are closings we have been notified about:

  • Mental Health Association is closing with no evening programs for tonight.

There is a weather advisory with 1 to 3 inches of snow predicted through 1 a.m. There is also wind and blowing snow in the county.

Send notifications of closing and postponements to howard@thebatavian.com. Watch this post for further updates. 

Send your weather pictures to howard@thebatavian.com.

Sex offender denied delay in trial on failure to register charge

By Howard B. Owens

A sex offender serving a 15-year prison term and facing a trial on charges that have been pending since 2016 asked County Court Judge Charles Zambito to postpone the trial because he's "in transit" between prisons.

Nobody was quite sure what Marlek Holmes meant by that claim, so as he stood in County Court -- shackled and in a green prison jumpsuit -- he explained to Zambito that in order to make court appearances, he's been transferred from Auburn to Wende. Prison officials limit what he can bring with him. He can't bring all of his case documents and while at Wende he's in isolation and doesn't have access to the law library.

Holmes is facing a trial Jan. 22 on charges that he failed to register a change of address as a sex offender in 2016. During the trial, the court will also hold a hearing on whether he should be declared a persistent violent felony offender.

Holmes was facing a possible life-in-prison sentence before he agreed to a plea agreement the day his trial was supposed to start May 4. He entered a guilty plea to attempted criminal sexual act in the first degree, a Class C violent felony. He was sentenced to 15 years in prison on that conviction May 31.

While he was in jail on these charges, Holmes assaulted a fellow inmate, a crime he was convicted of following a jury trial Oct. 6. He has yet to be sentenced on that conviction.

Zambito told Holmes that he didn't find the prison transfer issue a sufficient reason to delay his trial. He told him he had an attorney, Fred Rarick, who is handling his actual legal defense. He isn't representing himself.

"If it requires an order to get the Department of Corrections to provide you with your paperwork, I'll sign an order," Zambito said.

Jury selection in the trial of Holmes on the failure-to-register charge begins Jan. 22.

A hearing on whether Holmes is a persistent violent felony offender will take place before the actual failure-to-register trial begins, the morning of Jan. 23. The hearing will help determine the severity of his sentence stemming from the Oct. 6 conviction for assaulting a fellow inmate.

Vine Street resident accused of selling crack cocaine

By Howard B. Owens
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      Benito Gay

Benito A. "Red" Gay, 29, of Vine Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Gay is accused of selling crack cocaine to an agent of the Local Drug Task Force on two occasions.

He was indicted by a Genesee County Grand Jury on a sealed indictment.

On Dec. 28, Deputy Ryan DeLong identified Gay as the operator of a vehicle in the Town of Batavia. Following a traffic stop, he was charged with DUI - Drugs, unlawful possession of marijuana, unlicensed operation, and registration plate display violation.

He was issued tickets and released.

Later that evening, deputies learned that Gay was wanted on a sealed grand jury indictment. They proceeded to Gay's residence on Vine Street and took him into custody on the warrant.

He was jailed pending further court proceedings.

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