Photo: Another view of the Upton Monument
From inside the County Legislature's chambers.
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Photos: Batavia Concert Band nearing season's end
The 86th season for the Batavia Concert Band is drawing to a close. Tonight, the group of experienced professionals and enthusiastic amatuers presented its second-to-last show of the summer at Centennial Park.
More than 200 people were on hand in the warm, beautiful evening to hear a mix of classic and popular tunes.
The Concert Band performs its finale of the season at 7 p.m. next Wednesday in Centennial Park.
Store owner helps catch man who allegedly tried to steal adult DVDs
An apparent attempt to steal DVDs from an adult product store on Ellicott Street led to a search of the Buell Street neighborhood this afternoon.
A Batavia Police officer believed the man ran into a wooded area near train tracks off of Edward Street and the search was called off.
A short time later, the owner of Pandora's Boxxx, 4818 Ellicott St., Batavia, drove down Edward and spotted a man fitting the description of the suspect.
The store owner remained in his car, called 9-1-1 and followed the suspect down Edward and into the Elmwood/St. Joseph Cemetery.
Uniformed and plain clothes officers from the Sheriff's Office and the Batavia Police Department arrived on scene and at about that time the suspect decided to try to run.
He was apprehended quickly.
The man is identified as Micahel J. Piasta, 30, of East Main Street, Batavia.
He is charged with attempted petit larceny.
The store owner praised his employee for providing an exact description of the suspect to Deputy Chris Parker, who handled the investigation.
Photo: Sign of the end times
Batavia resident Frank VanApeldoorn was positioned on Ellicott Street this afternoon with his religious sign. VanApeldoorn said today wasn't the first time he's stood in front of the former Dellapenna building with his sign. He's also travelled around the region, and even around the country, with his sign. VanApeldoorn, a member of Calvary Baptist Church on Galloway Road, said he likes the Dellapenna's location because it's visible, but still out of people's way and, "It's where God put me."
Man accused of raping girl and taking pictures
A 21-year-old Holland Avenue resident has been arrested by Batavia Police and accused of rape.
Detectives say Michael Lanham had consensual (see clarification below) sex one time with a 15-year-old girl, and on another occasion forced himself on her.
Both incidents occurred in July, according to Det. Kevin Czora and Det. Todd Crossett.
Lanham is also accused of taking and possessing explicit pictures of the girl.
He is charged with rape, 1st, rape, 3rd, promoting sexual performance with a child and possessing sexual performance with a child.
Lanham is being held in Genesee County Jail without bail.
CLARIFICATION: The original press release said one of the sex acts was "without consent," and I changed that into "consensual," which legally means something different. The girl, being underage, can't have consensual sex. Det. Czora clarified it this way: "On one occasion, there was no 'force' used, and the charge was based on the ages of the defendant and the victim. On a second occasion, she was considered legally 'physically helpless' and her age was not a contributing factor."
Police searching for subject between Ellicott and Cedar streets
Batavia Police are looking for a subject in the area of Buell Street, west of Cedar Street.
The subject may have committed a petit larceny at Pandora's Boxxx on Ellicott Street.
A partial description, a white male with a tanned complexion wearing a plaid shirt and gray undershirt.
UPDATE (3:25 p.m.): The owner of Pandora's Boxxx reportedly spotted the suspect and followed him down Edward Street, where he ran into Elmwood/St. Joseph Cemetery. Police arrived and he tried to escape but appeared to run out of energy, or willpower, and was quickly apprehended.
New Track Record at Batavia Downs Casino
Press Release:
Batavia, NY --- It was week two of the Batavia Downs Casino Summer/Fall meet and it also kicked off the 2010 New York Sire Stakes season. If Monday night was any indication of what Western New York racing fans have to look forward to, this is going to be one fun summer.
A total of 46 freshman colt and gelding pacers came to America’s oldest lighted harness track to compete for more than $120,000 in purses, split up in six divisions.
After the first three stakes races of the evening all tied Forensic Z Tam’s 1:55.2 track record for 2-year-olds, set in 2006, it was obvious it was only a matter of time until somebody broke it.
In race seven, Flipper J, with Jason Bartlett at the lines, established a new track record when he cruised around the half-mile oval and scored by two lengths in 1:54.4.
Bartlett sent the Art Major-Dolphins Can Talk colt right to the front from post seven and they put up all the numbers of :28.1, :57.3, and 1:26. A :28.4 final stanza was plenty fast enough to get Flipper J’s name in the record books. Linda Toscano trains the talented colt for owner Ken Jacobs. This was Flipper J’s second career win, with his other victory coming in NYSS action at Monticello.
Bartlett described the effort as “easy” and commented that the talented young colt was “very handy from the seven hole.”
Earlier in the evening Bartlett, Toscano and Jacobs teamed up to win the second division with the Artiscape-Perfect Purchase colt Thomas J in 1:55.2. Taking advantage of the rail Bartlett let the colt named after Jacobs' grandson roll. A powerful :56.2 back half made it impossible for the others to catch him; in fact Bartlett commented that the colt “was underwraps at the wire.”
Thomas J in now a perfect three for three in NYSS competition.
Major Way (Art Major-Feminine Ways) gave Bartlett, Toscano and Jacobs the hat trick when he notched a decisive score over seven overmatched rivals in the final NYSS race of the evening. Just like he did in his other two wins Bartlett let Major Way pace out of the gate and they never had an anxious moment, winning by over seven lengths in 1:56.
Major Way is also a perfect three for three in NYSS events and has won the three races by a combined 22 lengths.
Patrick Lachance got the festivities underway when he took the opener with Sir Ziggy’s Z Tam, winning by 2-1/2 lengths in 1:55.2. The Art Major-So Far Away colt is trained and co-owned by Lachance along with Z Tam Stables and Ira Rosenblum.
The American Ideal colt Sir Jonathan Z Tam gave Lachance a driving and training double when he took the ninth race in 1:56.4 by 3-1/4 lengths. Z Tam Stables, Ira Rosenblum and Lachance also own this colt.
Feel Like A Fool and Wind Me Up, part of a George Teague, Jr. entry, finished one-two in the third NYSS division of the evening. Feel Like A Fool and Downs leading driver Jack Flanigen had to survive a judges' inquiry when the Art Major-Fool That I Am colt got rough-gaited and made a break at the wire. The judges ruled he was not lapped on.
The 1:55.2 win was the second straight for Feel Like a Fool who shipped to Batavia fresh off a 1:53.1 score in a division of the Tompkins-Geers at Tioga. Kovach Stables LLC, Theodore Gewertz and George Teague, Jr. co-own.
Teague commented on Feel Like A Fool’s feistiness, “As we saw, if he can learn to control himself he will be very good later on.”
Flipper J setting a new track record of 1:54.4 for freshman pacers with Jason Bartlett at the controls.
Batavia wallet thief enters guilty plea
A Batavia man who stole a wallet from a car on Gateway Drive and used credit cards to make purchases at stores on Veterans Memorial Drive is facing two to four years in prison after pleading guilty in Genesee County Court today.
Kyle C. Monroe admitted in court that he stole the wallet and removed a credit card and a debit card, he also admitted to a violation of probation.
Monroe was convicted of possession of stolen property, 4th, on March 9 and is now considered a second felony offender for purposes of sentencing.
Defense Attorney Jerry Ader asked that his client be released under supervision so that Monroe can take care of some personal matters before going away to prison. Ader said that Monroe has been living with his girlfriend on State Street Road and started classes at GCC before his last arrest.
"I won’t forgo the possibility of release, but that doesn’t sound like a promising plan," Judge Robert Noonan said.
Bail on the larceny case is set at $5,000 and bail on the probation violation is $10,000.
Sentencing was set for Sept. 23.
Previous coverage:
Budget Round Up: Albany comes to budget agreement 123 days late
Parents, do your back-to-school shopping now.
Starting in October, under the 123-day-late budget passed by the Senate last night, clothing priced at under $110 will once again be assessed a 4-percent sales tax.
That's one of the provisions to increase revenue.
Even so, Associated Press reports that budget isn't balanced and Republicans complain that it both raises taxes and increases spending (Gothamist).
The revenue package is expected to generate $1.5 billion dollars and was approved by the Senate on a 32-28 vote.
A soda tax was not included in the bill.
The total budget: $136 billion.
Buffalo News: New financing provision for UB not included in budget.
New York Times: With Connecticut trying to woo hedge funds, the budget doesn't include a change in state law that would have taxed bonuses as ordinary income.
Albany Times-Union: Statement from Gov. Paterson's office.
LoHud.com: Senate is planning property tax cap.
Police Beat: Drug charges filed against former Hutchins Street residents
Eric D. Johnston, 32, no permanent address, and Lisa M. Rugh, 37, no permanent address, are charged with criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. Johnston and Rugh were charged in connection with a search warrant executed on March 11 at 13 Hutchins St., Batavia. Charges were pending while awaiting lab results from Monroe County. Johnston and Rugh were issued appearance tickets. (Also, Johnston was reportedly a resident at 13 Ross St. in February where a suspected small meth lab was found.)
Joseph Arthur Ababurko, 35, of Military Road, Niagara Falls, is charged with unlawful possession of marijuana. Ababurko was allegedly found in possession of marijuana while at Darien Lake Theme Park.
A 17-year-old Batavia resident is charged with sexual misconduct. He is accused of having sexual intercourse with a 15-year-old girl.
Muckdogs continue to pile up wins
The Muckdogs continue to rip through the NY Penn League, shredding Mahoning Valley yesterday 8-1 for the team's 12th win in its last 14 contests.
The victory put Batavia back in first place, a half game ahead of Williamsville.
Jon Rodriguez homered in his third straight game, giving him six on the year. He had three hits, two RBIs and scored twice.
Infielder Joey Bergman brought his season average back up over .300 with another multi-hit game, going 2-4 and scoring three runs.
Starter Chris Corrigan picked up his third win, going five innings and giving up one run on three hits.
The Muckdogs are in Brooklyn tonight for the start of a three-game series. After three games in Vermont, they return to Dwyer on Tuesday to face Aberdeen.
Photos: National Night Out at Austin Park
Community members young and old came to Austin Park tonight for Batavia's "National Night Out," a chance for residents to mingle together, see old friends, make new ones, learn about public safety issues, have their children receive ID cards and play a few games and enjoy some local music.
More pictures after the jump:
Oakfield volunteer ambulance responds to call in Batavia
An interesting situation arose tonight that's just kind of worth noting for the record: Mercy EMS ran out of ambulances.
When a girl fell from a scooter on Summit Street at about 10:45 p.m., just a block from UMMC, a dispatcher asked Batavia City Fire who should respond. The city asked for Oakfield.
Seconds later, a Mercy EMS ambulance noted they were in service (meaning free to take a call). The dispatcher asked city fire if Mercy EMS should respond. City fire responded that it was only a "BLS call" (basic life support).
Dispatch informed the Mercy EMS unit that Oakfield was responding. The unit, with a siren blaring in the background, informed dispatch it was only three minutes out. The dispatcher responded that the agency with jurisdiction had already requested Oakfield.
Oakfield's ambulance was on scene within minutes and had the patient quickly transported to UMMC.
I can't think of another time in which I've personally heard a volunteer ambulance service responding to a call in the city since Mercy took over ambulance service.
Photos: Batavia from atop Ladder 15
At National Night Out in Austin Park this evening, Batavia City Fire Department was on hand with Ladder 15. My joke, pointing to the top, "What's the price of the ride?"
That evolved into permission to get an actual ride high over Batavia aboard the platform of Ladder 15.
Thank you to city fire for letting me get a view of Batavia from such a great vantage point.
Firefighter Bob Fix drove the rig up and back down, and I know he was laughing under his breath when he said, "You know you can let go of the railing. You're wearing a harness."
The wind and any movement causing the bucket to sway wasn't frightful so much as it was disconcerting. I politely declined his offer to not keep one hand on the railing to steady myself.
More pictures after the jump (and more pictures from National Night Out T/K):
Mother charged after allegedly making daughter and friend ride in trunk of car
A Batavia woman is accused of making her 13-year-old daughter and an 11-year-old friend ride in the trunk of her car going to and coming from a bonfire at a friend's house on Old Creek Road this past Friday.
Julie C. Stevens, 57, of 18 Harvester Ave., is charged with two counts of endangering the welfare of a child.
She appeared in Batavia City Court this morning and Judge Michael Delplato required her to take her daughter to the girl's father's house in Perry before imposing an order of protection barring her from contact with the girl while the case is pending.
She was also given time to arrange for representation through the Public Defender's Office.
Stevens is scheduled to appear in city court on Wednesday and enter a plea and receive the order of protection.
In a statement to police, Steven said she had six children riding in her car after they had spent some time playing at the spray park. She said the back seat of her car folds down and there were children sitting on the folded down seats and her daughter and another child in the trunk.
She said they spent two hours at the bonfire.
A mother from Varysburg filed a complaint with city police after one of her children -- who had been left at Steven's house to be babysat -- told her a couple of days later what allegedly happened.
The city court file contains statements from the mother and two of her children, including the 11-year-old boy who was allegedly told to ride in the trunk.
The make and model of Steven's car were not listed in the court file and the information is not available through city police.
The case was investigated by Officer James DeFreze and Officer Jason Davis.
Criminal charge against Scott Doll's sister likely to be dismissed in six months
An aggravated harassment charged filed against the sister of convicted murderer Scott F. Doll is on the verge of being dismissed.
Dawn Doll, 53, a Sunday school teacher, need only avoid trouble with the law and initiate no contact with a Sheriff's deputy who felt threatened by a card and letter she sent to him on Father's Day.
In six months, if Doll abides by the terms of agreement, the misdemeanor charge will be dismissed.
Several factors figured in the decision by the District Attorney's Office to dismiss the charges, including Dawn Doll's character, the likelihood she will not engage in any future criminal behavior and some possible difficulties in getting a conviction.
"You can certainly make the argument that this is a letter written by a person who was very upset and somebody who is just venting," said Assistant District Attorney Robert Zickl. "You can certainly anticipate a defense attorney making that argument and see her gaining some sympathy."
Zickl said that under the circumstances it was still appropriate to bring the charge against Doll.
"This disposition doesn't signify any dissatisfaction in our office that the charge should not have been made," Zickl said.
Batavia man admits to dealing drugs and now faces prison term
A lifelong Batavia resident admitted in Genesee County Court this morning that on July 17, 2009 in the parking lot at the corner of North and Bank streets, he sold a quantity of cocaine to an undercover agent.
Dyllon E. Soccio, 20, of 134 Tracy Ave., pled guilty to a single count of criminal sale of a controlled substance, 4th.
Last month Soccio pled guilty to criminal possession of marijuana.
Both felonies carry a maximum sentence of two and a half years in prison. As part of a plea deal, Soccio is eligible to serve the sentences concurrently.
He will be sentenced on Sept. 21.
Dressed nicely in faded light-colored pants and a white shirt, Soccio said little in court today except to answer Judge Robert Noonan's questions.
Soccio was charged in the 2009 sale on July 20, the same day he admitted to possessing marijuana.
The marijuana was found in his residence when it was raided June 23 by the Local Drug Enforcement Task Force. During that raid, agents also found several grams of hallucinagenic mushrooms. Charges related to the mushrooms were waived in exchange for the plea on the marijuana possession charge.
Smell of natural gas reported inside Tops Market, Le Roy
A smell of natural gas has been reported inside of Tops Market in Le Roy.
Le Roy Fire is being dispatched.
A customer reported the odor.
