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Man who allegedly resisted arrest gets hit with Taser

By Howard B. Owens

Batavia Police used a Taser last night to subdue a man wanted for allegedly getting in a fight earlier.

In all, police made three arrests at 17 Holland Ave.

Officers arrived on scene at 11:09 p.m. looking for 24-year-old Steven Hirsch, intending to arrest him on a charge of harassment, 2nd.

Timothy Hirsch, 24, allegedly attempted to obstruct police officers and placed his hands on one of the officers.

Steven Hirsch, according to a police report, refused to comply with police officers' orders and physically resisted their attempt to arrest him. He got Tasered.

During the incident, Jennifer Stack, 24, of 12 Oak St., Batavia, was allegedly on the street yelling obscenities at police officers.

Steven Hirsch was jailed on $2,000 bail, charged with harassment and resisting arrest.

Timothy Hirsch was jailed on $1,000 bail and charged with obstructing governmental administration.

Stack was issued an appearance ticket for alleged disorderly conduct.

Responding to the call were officers Darryle Streeter, Frank Klimjack, E.E. Bolles, Chris Camp and Sgt. Mullen.

Driver surprised by turn in Cleveland Road, slams into house

By Howard B. Owens

A house on Cleveland Road was seriously damaged after a driver failed to negotiate the sharp bend in the roadway.

The accident occurred at 5:21 p.m., Sunday.

The house, at 2047 Cleveland Road, suffered a cracked foundation, cracked walls and extensive interior damage.

The driver, James C. Emerson, 48, of State Street, Batavia, complained of injuries but was not transported to a hospital.

No citations are reported on the investigation report by Deputy Patrick Reeves.

Emerson told Reeves that he wasn't expecting Cleveland Road to suddenly have a turn where it did.

Police Beat: Batavia man picked up for being under the influence in public

By Howard B. Owens

Gregory Seppe, 51, no permanent address, is charged with appearance in public under the influence of narcotics or drugs other an alcohol. Seppe was taken into custody after he appeared in the city at several different locations. At 11:05 a.m., Saturday, police responded to another complaint reportedly about Seppe at 412 E. Main St., Batavia, where he was taken into custody.

Mark E. Flemming, 20, of 62 Swan St., Batavia, is charged with harassment, 2nd. At 5:09 a.m., Sunday, Batavia Police responded to an alleged domestic incident and took Flemming into custody.

Megan Elizabeth Buss, 21, of Alicia Circle, Churchville, is charged with DWI, driving with a BAC of .08 and moving from lane unsafely. Buss was charged following a car-into-pole accident on Peachy Road at 6:12 a.m., Sunday.

Kendric Lydell White, 27, of Affinity Lane, Rochester, is charged with unlawful possession of marijuana. White was arrested following a vehicle check at Darien Lake.

Tyree Elijah Smith, 28, of Sunset Street, Rochester, is charged with unlawful possession of marijuana. Smith was arrested following a vehicle check at Darien Lake.

Paula Ann Kingdollar, 41, of Bank Street, Batavia, is charged with petit larceny. Kingdollar is accused of stealing perfume from Kmart.

Edward Joseph Kutas, 18, of Woodside Lane, Depew, is charged with unlawful dealing with a child. Kutas is accused of hosting an underage drinking party at a residence on Darien-Alexander Townline Road. He was arrested early Sunday morning.

Brandon M. Klinkbeil, 23, of 80 South Street, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, not wearing a seat belt, and operating an unregistered vehicle. Klinkbeil was stopped at 2:41 a.m., Sunday, by Le Roy Police Sgt. William Hare.

Dennis N. Gonglewski, 49, of Colonial Avenue, Kenmore, is charged with DWI, driving with a BAC of .08 and failure to keep right. Gonglewski was stopped at 10:45 p.m., Friday, by Deputy Patrick Reeves.

Three 17-year-olds were arrested for alleged shoplifting by Batavia Police 12:10 p.m., Friday and charged with petit larceny. All three youths are Batavia residents. The trio is accused of trying to steal $58.90 in merchandise from Tops Market.

Gordon C. Gonyo, 56, of Byron Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right and consumption of alcohol in a vehicle. Gonyo was stopped at 12:26 p.m., Friday, by Deputy Chris Parker after a witness reported an erratic operator in the area of Bryon Road.

Jeremy Andrew Douglas, 29, of Crosby Lane, Rochester, is charged with unlawful possession of marijuana. Douglas was stopped for an alleged traffic violation by Deputy Brian Thompson at 6:40 a.m., Thursday, on Bank Street Road in the Town of Batavia.

GCC commencement highlights 2010 record graduating class

By Howard B. Owens

It was graduation day at Genesee Community College on Sunday, with more than 270 students receiving diplomas.

With more than 800 students completing studies in 2010, this is the largest graduating class in GCC history.

In her first commencement address as SUNY Chancellor, Nancy L. Zimpher, Ph.D,  gave the keynote speech to a capacity crowd at Anthony T. Zambito Gymnasium, as family members, faculty and trustees gathered to honor the graduates.

Zimpher highlighted the transformative power of SUNY and particularly the important role of community colleges. She recognized Genesee’s President Stuart Steiner, Ph.D, for his 35 years of presidential service at GCC, making him among the longest-reigning college presidents in the nation.

The chancellor then highlighted the six strategic goals for SUNY to become an economic engine to transform the economy of New York State. And finally, she quoted Thomas L. Friedman’s bestselling book “The World is Flat” encouraging graduates to “flourish in the flat world, be strategic optimists…imagine things can be better and act on those imaginations, everyday.”

Today's Deals: Herbly Wonderful, Pudgies, South Main, Enchanted Florist and more

By Howard B. Owens

Herbly Wonderful, 3701 Pearl St., Batavia, NY: Unique specialties for your home and garden, from floral arrangements, to heirloom vegetables, herbs, teas and spices. We have a $25 gift certificate for $12.50

Pudgie's Lawn and Garden Center, 3646 W. Main St. Road, Batavia, NY: Get started on your spring gardening projects. We have a $25 gift certificate for $12.50.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Give yourself the gift of flowers, or give to a friend. We have a $20 gift certificate for $9.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10. A great Valentine's gift!

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts,lunches and dinners to Batavians. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

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Sunday Deals: Kraving's, Matty's, Settler's, Margarita's and more

By Howard B. Owens

Kravings, Valu Plaza, W. Main Street, Batavia, NY: Recently opened, it offers soups, salads and sandwiches, fresh and flavorful; Monday through Saturday. We have $10 gift certificates for $5.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you wantto eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $20 gift card for $10.

T.F. Brown's, at 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." We have a $20 gift card for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

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Alleged fugitive from Georgia arrested at Cedar Street residence

By Howard B. Owens

A man allegedly wanted in Georgia on felony warrants was found in a Cedar Street home by local law enforcement around 5:30 p.m., Saturday.

Batavia's ERT members, along with members of the Drug Enforcement Task Force and Batavia Police officers and Sheriff's deputies where called in to help take David L. Hendrix, 29, into custody.

Hendrix, aka David Young, was arrested at 3 Cedar St., Batavia, where he was apparently staying.

He is allegedly wanted in Georgia for robbery, assault and a parole violation.

Following arraignment in City Court, Hendrix was jailed without bail.

A witness informed The Batavian that police had Cedar Street closed in both directions during the activity.


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Photos: Today's drive back from Pavilion

By Howard B. Owens

I was down in Pavilion today and on the way back I took a few photos.

Above is a horse on Mill Road. 

I love driving along the creek next to Mill Road. There's always wildlife around.  Unfortunately, the bird pictures I tried to capture today didn't turn out.

More pictures after the jump:

There have been some pretty busy beavers along the creek next to Mill Road -- lots of fallen trees.

On old house on Silver Road.

A collapsing barn on Silver Road.

Old John Deere sign in Alexander.

Photos: Vintage snowmobiles at fairgrounds

By Howard B. Owens

The Don Cummings Memorial Antique and Vintage Snowmobile Show was at the Batavia fairgrounds  this year because it's outgrown its former location in Alexander. Proceeds benefited Mercy Flight.

More photos after the jump:

 

Photos: Horse show at Batavia Downs

By Howard B. Owens

There's a horse show going on at Batavia Downs. Riders from all over the northeast are in Batavia to test their skills and display their handsome mounts. If you've missed it, the show continues Sunday at 7:30 a.m. until 5 p.m.

More photos after the jump:

 

 

 

Arson suspect given resources to mount possible defense

By Howard B. Owens

A Rochester man accused of purposely setting a fire in order to kill his ex-girlfriend's father could have some of the DNA evidence reportedly being used against him re-examined by an out-of-state forensic lab, Judge Robert C. Noonan ruled today.

Andre L. Scott, 30, of 2323 Spencerport Road, Rochester, is in Genesee County Jail on high bail while his attorney Thomas Burns prepares for a trial on attempted murder, burglary and arson charges filed against Scott.

Scott is a accused of purposefully setting a fire at 12 Elm St. on Jan. 24, 2009. He was arrested in August.

Because Scott cannot afford an attorney, Burns is his appointed counsel. The DNA testing, private investigator and  expert witnesses Burns might call are being paid for by the county.

One glitch in getting new DNA tests is that there may not be enough of sample left from the original evidence to properly test it. Burns is researching that matter.

The samples come from a Clorox bleach bottle found at the scene of the fire and a book of matches.

Noonan noted that the DNA tests could cost a substantial amount of money, but given the seriousness of the case, he was mindful of "the importance of sufficient preparation for the defendant to be ready for trial."

The expense could including bringing in a forensic expert to testify about the findings from the lab in Massachusetts.

The private investigator will not be a significant expense, Burns said.

Scott has until June 30 to accept a plea bargain, or go to trial on Aug. 23.

Batavia police continuing investigation into baseball-bat attack on State Street

By Howard B. Owens

Batavia Police detective Todd Crossett is conducting interviews today, trying to determine who was involved in an aggressive attack on at least two people at 112 State St. last night.

One person was hospitalized with "significant" but non-life-threatening injuries, Crossett said. Another person was transported to the hospital for evaluation.

From five to six people entered 112 State St. with baseball bats, Crossett said, and the attack may be related to a fight -- possible retaliation -- the night before.

No arrests have been made.

The incident does not appear to be gang related, Crossett said.

Batavia detectives do not believe there is actual gang activity in the city. Any individuals in the city who appear to gang members -- from the colors they're wearing or sports paraphernalia they're wearing -- seem to be people from larger cities visiting friends and relatives in Batavia, but do not appear to be here to establish operations.

Comptroller expresses concern about financial stability of OTBs

By Howard B. Owens

In an audit of New York's five regional off-track betting operations, Comptroller Thomas DiNapoli warned that OTB wagering has dropped precipitously over the past five years, threatening the viability of the OTBs.

Western OTB comes off a little better in DiNapoli's audit, primarily because the gains in video slot operations are more than offsetting the declines in horse wagering (full Western OTB report (pdf)).

Western OTB Corporate and Branch Operations has experienced a 10-percent ($15.6 million) decline in net handle (total amount bet) over the past five years. And through May 2009, its net handle was down over $5 million compared to the same time the previous year. In addition, live racing and inter-track wagering at Batavia Downs were down 7.6 percent in 2008 from the prior year and have decreased 25 percent since 2005.

However, the corporation’s new video-gaming facility has generated additional revenue for the OTB. As a result, operating revenues increased to more than $21 million in 2008 compared to nearly $17.6 million in 2004, a 19-percent hike. These increases have significantly affected revenue distributions to local governments, which have grown from almost $3.9 million in 2004 to more than $4.9 million in 2008.

In the report on Western OTB, DiNapoli expresses concern that VTL gaming could level off or decline, depending on the economy or changing competitive issues.

The Buffalo News received a written response from OTB President Martin Basinait, who said WOTB is "somewhat more optimistic."

But he said a number of changes can be made in state law to make the OTBs more competitive, such as changing the formula by which revenues are shared with tracks.

Basinait noted other past warnings from the state comptroller's office, including a 2005 report that found the OTB did not properly plan for the possibility of failure of Batavia Downs and the casino. He said the success of the casino has shown it was "not due to happenstance."

Basinait said DiNapoli's red flags about the future economic health of the OTB's casino are "unwarranted."

Accident with an injury on Route 5, Pembroke

By Howard B. Owens

A two-vehicle accident has been reported on Route 5, a quarter mile west of the Pembroke Fire Hall, in Pembroke.

At least one person is injured, still in a car, but not trapped.

Pembroke Fire and Mercy EMS are responding.

Today's Deals: Enchanted Florist, Adam Miller, South Main, Carlson's and more

By Howard B. Owens

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you wantto eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Give yourself the gift of flowers, or give to a friend. We have a $20 gift certificate for $9.50.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

South Main Country Gifts, 3356 Main St. Road, Batavia, NY: Handcrafted items, gifts with a regional flair, candles, teas and spices -- South Main has a wide selection to please most any interest. We have a $20 gift certificate for $10. A great Valentine's gift!

Carlson's Studio, 39 Jackson St., Batavia, NY: Weddings, new babies, family portraits, pet portraits and group events -- preserve those memories with professional photographs. We have a $100 gift card for $60 (+$2 PayPal Service fee).

Sallome's Italian Deli, 40 Oak St., Batavia, NY: Wraps, subs, paninis and pasta as well as pizzas -- Sallome's offers a tasty variety of Italian deli items for eat-in or take-out. We have $10 gift certificates for $5 each.

Main St. Pizza Company, 206 E. Main St., Batavia, NY: Pizza, wings, subs and even hamburgers and hot dogs, Main St. Pizza makes everything deliciously. We have a $25 gift certificate for $12.50.

Present Tense Books and Gifts, 101 Washington Ave., Batavia, NY: Whether your taste runs to local authors, the finest in fiction or nonfiction or you're looking for a unique and special gift, this charming store in a cozy Victorian house on the edge of downtown is a great place to stop and shop. We have a $25 gift certificate for $12.50.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

 

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