It's a crisp, clear morning in Batavia with a temperature of 4 degrees.
Forecasters continue to call for a prolonged period of bitter cold with a mix of snow. Saturday, there's an 80-percent chance of a snow shower with temperatures rising to a balmy 24 degrees.
Photo: The O-AT-KA Milk plant.
Within minutes of a reported robbery at the Sunoco Gas Station on West Main Street, a Batavia police officer reported taking a suspect into custody on Dellinger Avenue.
The initial report had a man who may have displayed a gun running from the store wearing a red coat and black mask.
UPDATE 11:04 p.m.: Officers on scene confirmed the suspect did use a gun and a gun was recovered. No word on how much money was taken. Officers recovered what appeared to be garments the suspect discarded as he ran from the store, including a red sweatshirt, black ski mask and sunglasses. Deputy Chris Erion was quickly on scene with his K-9 "Destro." Destro tracked the suspect's path and located what officers believed to be the demand note used by the suspect. The robbery was dispatched to Batavia PD patrols at 9:50 p.m. and an officer reported the suspect in custody at 9:53 p.m. The name of the suspect won't be released until after his arraignment in City Court.
Notes: Destro, you may remember, is new to the force. While he has worked to help track a possibly missing person, Erion confirmed this is the first time Destro has tracked a suspected criminal and helped find evidence. Also, since Thursday, we've had, in the city, a burglary in progress, a bank robbery and now this armed robbery and in all three cases suspects were apprehended quickly by local law enforcement (State Police assisting Batavia PD on the bank robbery).
Top photo, Sgt. Chris Camp, Deputy Erion and Destro checking out the location on Dellinger of a possible demand note used by the suspect. Photos below: Officer James DeFreze with ski mask and sweater that may have been discarded near the station by the suspect, and the Sunoco station on West Main with Batavia PD, Sheriff's Office and State Police on scene.
Town planners approved a sign tonight for a new sushi restaurant that will reportedly open soon at 4140 Veterans Memorial Drive, Batavia.
The restaurant, YUME Asian Bistro, will be the third location for the owner, according to Dan Lang, the town's code enforcement officer. The other two are in New York City.
Everything about the new restaurant, Lang said, is first-class.
"The interior looks wonderful, actually," Lang said. "He did a beautiful job on the inside of it."
Lang said the owner is just about ready, and eager to open.
The location is next to Pawn King, two doors down from Jagged Edges Salon, across from Walmart.
His top chef from New York will open the restaurant and train the cooks and staff before returning to NYC.
"He wants to make sure he has somebody who takes care of the sushi the right way," Lang said.
The restaurant will also serve Thai food as well as other Asian dishes.
Lang described the new restaurant as "high end."
UPDATE: So, apparently, Batavia will have two sushi restaurants going by similar names. Josh Gaylord says that he filed for a DBA for Yume Sushi in June and then Yumi Asian Bistro filed in July. Gaylord is planning to open his restaurant at the former Delavan's location on Evans Street in the city. He's previously held a Sushi night at Sweet Ecstasy Bakery and his sushi has gained a passionate local following.
Police have been dispatched to High Voltage Tattoo and Piercing on West Main Street, Batavia, to take a report on a petit larceny of a tattoo.
A woman reportedly got a tattoo of stars on her shoulder and when the tattoo artist asked her to pay when the work was done, she said she didn't have any money.
The artist told her to wait while he called police and the woman reportedly left anyway, driving away in a black pickup truck.
Authorities will be told her name.
When Michael Nicometo gets out of prison in three-and-a-half to seven years, if he's diligent he will finish repaying restitution to his victims in less than 29 years.
While sending Nicometo to prison, Judge Robert C. Noonan ordered restitution in the case of $86,017.57 at a rate of $250 a month, assuming Nicometo doesn't manage to repay the debt for his release.
Nicometo, a trained electrician, was the apparent mastermind behind a scheme to steal high voltage copper wire from industrial locations in and around Le Roy.
The total damage to Dolomite was nearly $33,000 and Troy Manufacturing suffered a loss of $53,000.
Noonan also levied a state-mandated surcharge of $4,300.
This was the third attempt in County Court to sentence Nicomento following his guilty plea Sept. 30 to burglary, 3rd, as a second felony offender.
The first sentencing was scheduled Jan. 2, but Nicometo was reportedly hospitalized for an undisclosed reason. He was then scheduled to be sentenced last week, but missed his morning appointment. He arrived in court later that afternoon, but a warrant had already been issued for his arrest.
From the bench today, Noonan said Nicometo appeared to be high on drugs when he showed up to court that day.
The 29-year-old Nicometo was taken into custody and appeared today dressed in Genesee County Jail orange.
His attorney, Brian Degnan, told Noonan that his client has a drug problem that he's never been able to shake.
"He has an untreated, severe substance abuse problem," Degan told Noonan. "He has failed at treatment every step of the way. I would ask that you consider his drug addiction as a mitigating factor, Judge. Mr. Nicometo needs treatment, Judge. He's never going to be better without treatment."
For his part, Nicometo told Noonan he was sorry and that he knew he did wrong.
An option for Noonan with some drug-addicted defendants is to require drug treatment prior to starting their prison term. That's known as a Willard Sentence.
Noonan said the first test imposed by the state on whether a Willard Sentence is appropriate is whether such a sentence would have no adverse effect on public safety or the public's confidence in the judicial system.
"I don't think I can make that finding in this case," Noonan said.
There are two co-defendants in the case, Jonathan D. Smeak, of Batavia, and Dustin C. Nicometo, but we don't have any current information on the status of those cases. Those co-defendants could be responsible for some of the restitution.
A possible structure fire is reported at 4535 W. Saile Drive, a barn behind Michelle's Bakery.
Smoke is seen coming from the structure.
Town of Batavia fire dispatched.
UPDATE 7:28 a.m.: A chief on scene reports the fire may have burned itself out. Responding units can come in non-emergency.
UPDATE 7:30 a.m.: It turns out to be a vehicle fire. The vehicle has been removed from the building. The structure is not involved.
UPDATE 7:37 a.m.: Fire is knocked down. Assignment being held to Engine 24.
UPDATE 8:14 a.m.: Town of Batavia back in service. Fire contained to vehicle. Smoke damage to the building.
Members of the Genesee Symphony Orchestra are busy getting their act together for the GSO's concert Feb. 16 at St. James Episcopal Church in Batavia.
Tonight, the orchestra rehearsed at the First Presbyterian Church in Batavia.
Raffaele Ponti is the conductor and music director for the show, which will feature soloists Holly Bewley, a soprano, and pianist Isabelle Aubin (who were not part of tonight's rehearsal).
The program includes works by Leonard Bernstein, Mozart, Annunzio Montovani, Leroy Anderson, Schubert and John Williams.
Tickets are available at geneseesymphony.com as well as GO ART!, Roxy's Music and the Batavia Senior Center and in Le Roy at the Bank of Castile.
Top photo: Lynn Eberhardt, of Scottsville, on bass.
A violin in the hands of Jill Babinski.
Dave Funston, of Batavia, on drums.
Conductor and music director Raffaele Ponti.
Dave Porter, trombone
The owner of Eastown Beverages, Paul Parise, is hoping readers of The Batavian can identify the owner of this truck.
According to Parise, somebody driving this truck stole pallets from outside his business at 563 E. Main St., Batavia. He also wonders whether the same person may have tried to break into his store two weeks ago.
Batavia PD has an open investigation on the case, according to Officer Jamie Givens, but no suspects.
Anybody who might have information useful to the investigation are asked to call Batavia PD at (585) 345-6350.
Those of you who hate winter are really going to be unhappy over the next couple of weeks.
Forecasters foresee no real let up in the bitter cold and snow gripping the region.
There's a wind chill advisory in place now through 11 a.m. Wednesday with wind chill values as low as 20 degrees below zero.
Light snow continues to fall this evening.
There will be a slight, slight warming by the weekend, according to Buffalo forecasters, but another round of arctic chill will follow behind it and there's a chance for significant lake effect snow fall next week.
"Winter will be here to stay for quite some time," wrote a forecaster in his weather analysis today.
Photo: Looking east on Main Street about 4:30 p.m.
Hoops fans can get their fill at Batavia High School this afternoon and evening with both the boys and the girls varsity teams, as well as the JV teams, competing today.
Right now, the girls teams are playing Greece Odyssey and the boys teams play East Aurora at 5:45 p.m.
The unique double-header is billed as the Martin Luther King Jr. Basketball Showcase and it's a first-time event for BHS, but Athletic Director Mike Bromley said he hopes it will become an annual event.
James Mitchell, 35, of Le Roy, is charged with petit larceny. Mitchell was arrested following a months-long investigation by the Livingston County Sheriff's Office into reports of stolen co-payments at a doctor's office where Mitchell worked in Avon. The investigation took time, according to LCSO, because of lengthy billing cycles and victims coming forward. Mitchell was allegedly stealing co-pays as patients checked out at their physician's office. The investigation was conducted by Deputy Dan Rittenhouse, Deputy Ross Gerace, Deputy Steph Schroeder and Deputy Mike Yencer.
Kelly M. Zwolinski, 34, of Broadway Road, Darien, is charged with criminal possession of stolen property, 4th, and resisting arrest. Zwolinski was identified as a suspect in possession of a stolen horse saddle that was taken from a farm in Niagara County and an arrest warrant was issued. When Deputy Kevin McCarthy and Investigator William Ferrando attempted to place Zwolinski under arrest, she allegedly resisted arrest.
Darlene Ann Kingdollar, 51, of South Pearl Street, Oakfield, is charged with petit larceny. Kingdollar is accused of entering the 7-Eleven store in Oakfield while intoxicated and after she was denied the purchase of alcohol, she allegedly left the store with a can of beer without paying for it.
Bruce J. Brade, 33, of Galloway Road, Batavia, is charged with stalking, 4th, and criminal contempt, 2nd. Brade allegedly violated an order of protection.
Mark J. Price, 37, Township Road, Ashland, Ohio, was arrested on a warrant for alleged failure to appear for an alleged traffic violation in Batavia City Court. Price was aprehended during a traffic stop in the Village of Attica. Price was issued an appearance ticket.
Jeffrey A. Pionessa, 32, of Glenwood Drive, Attica, is charged with DWI, driving with a BAC of .08 or greater and speeding in zone. Pionessa was stopped at 2:30 a.m. Sunday on Law Street, Batavia, by Officer Arick Perkins. Pionessa allegedly had a BAC of .11.
A 17-year-old resident of Trumbull Parkway, Batavia is charged with criminal mischief, 4th, and harassment, 2nd. The youth is accused of damaging the mobile phone charger of another person by throwing it against a wall and grabbing the arm of the alleged victim and pushing the person's face.
John K. Rolls, 34, of Mill Street, Batavia, is charged with two counts of forcible touching. Rolls is accused of forcibly touching a 17-year-old girl on Jan. 7. Rolls is incarcerated in the Genesee county Jail on an unrelated matter and was issued an appearance ticket.
Brad Strzelecki, 19, of Hunter Street, Bergen, is charged with unlawful possession of marijuana. Strzelecki was reported at a location on Bank Street at 10:01 a.m. Jan. 13 when he was allegedly found in possession of marijuana by Officer Eric Foels.
Rodeny Lowell McKenzie, 49, of Weaver Street, Buffalo, is charged with petit larceny. McKenzie was located by Transit Police in Buffalo during a check-the-welfare interview and identified as a warrant suspect for allegedly stealing items from Kmart on Dec. 12.
Bryant William Hardtner, 28, of State Street Road, Batavia, is charged with unauthorized use of a motor vehicle. Hardtner is accused of taking a vehicle Sunday without the owner's consent.
Kimberly Diane Ribbeck, 27, of Genesee Street, Corfu, is charged with DWI, driving with a BAC of .08 or greater, driving a vehicle with obstructed vision and no or inadequate plate light. Ribbeck was stopped at 2:33 a.m. Sunday on Route 77, Pembroke, by Deputy Joseph Corona.
Michael Gerald Pernicano, 21, of Lake Road, Holley, is charged with DWI, driving with a BAC of .08 or greater, failure to signal and no plate light. Pernicano was stopped at 2:29 a.m. Saturday on North Byron Road, Byron, by Deputy Joseph Corona.
Lena Marie Evans, 26, of Ross Street, Batavia, is charged with petit larceny, two counts of criminal possession of a controlled substance and possession of a hypodermic instrument. Evans was arrested for allegedly shoplifting at Kmart by Deputy Andrew Hale.
Carey Anthony Bedell III, 18, of Lehigh Avenue, Rochester, is charged with unlawful possession of marijuana. Bedell was arrested on Clinton Street Road, Byron, at 9:43 p.m. Friday.
Matthew R. Smith, 21, of Basom, is charged with forcible touching. Smith was arrested by State Police for an alleged incident reported at noon Thursday.
Mark A. Allison, 52, of Lockport, is charged with felony DWI and felony driving with a BAC of .08 or greater. Allison was arrested by State Police following the report at 9:29 p.m. Thursday of a two-car accident at 372 Bloomingdale Road, Basom. One person was injured. The driver of the other vehicle was Alexander Shirira, 56, of Buffalo. No other details released.
The Genesee Creamers Rugby Football Club celebrated its 40th anniversary over the weekend with a banquet attended by about 70 players and guests.
The club was founded in Batavia in 1970 and plays teams from all over WNY and Canada as well as the rest of the U.S.
Honored at the event were two 40-year members, Dominic Lovria, and ‘Tin Cup’ Teddy Anderson.
The dinner was attended by members of U.S. Rugby, including CEO Mark Griffin, who was the guest speaker.
Attendees also donated 40 jars of peanut butter and jelly to the Salvation Army.
Photo submitted by Mark Kielbasa.
A winter weather advisory is in effect through 2 p.m. today with predictions of persistent light snow and temperatures dropping into the teens.
Snow accumulations could reach from 2 to 4 inches and low visibility while driving is possible in places.
The National Weather Service advises caution while traveling.
A person is complaining of neck pain following an accident on Route 77 just north of Indian Falls Road.
One car is off the roadway.
Pembroke and Indian Falls responding along with Mercy EMS.
UPDATE 8:47 a.m.: The car sideswiped a tree. The only complain of pain stems from the seat belt brushing against the driver's neck, according to a chief on scene.
UPDATE 9:18 a.m.: Pembroke and Indian Falls back in service.
A Batavia resident has set up a Facebook group and scheduled a meeting aimed at fighting crime in the city.
The Batavia Neighborhood Watch group already has 95 members.
It was set up by Michael Hough, who wrote in his first post:
There is no doubt that crime is on the rise in Batavia. This group is intended to bring the community together to deal with the issues, and to serve as a liaison between citizens and law enforcement officers.
He's calling for a meeting of concerned citizens 5 p.m., Jan. 25, at Tim Horton's.
It seems like such a simple plan. Walk into a bank, hand the teller a note, and walk out with a bag full of money.
Of course, the bank is in the midst of a city on a Saturday morning when traffic has both eastbound and westbound lanes snarled with cars, SUVs and semi-trucks. Your getaway vehicle is an easily identifiable older model maroon Plymouth minivan with Florida plates. Your driver may be high. He may not even know about your plan. The only available route out of town is a snow-and-slush covered Route 98 that has an Attica police officer always positioned at one end of the highway and is frequently patrolled by troopers.
What could possibly go wrong?
Enough, apparently, that the would-be alleged bank robber was in custody mere minutes after the heist was reported and the man who allegedly drove the minivan is facing a DWAI charge.
Gregory Beardsley, 29, of 220 W. Main St., Batavia, is the robbery suspect. He charged with grand larceny, 2nd, and robbery, 3rd.
Beardsley allegedly left the bank with $3,000 in cash. All of the money was recovered.
No weapon was displayed during the robbery, nor was there a threat of a weapon.
Philip Burrs, 32, the alleged driver, was arrested by State Police and charged with driving while ability impaired by drugs or alcohol and unlawful possession of marijuana.
Whether Burrs is charged with any crimes related to the robbery hasn't been determined, Hill said. The investigation is continuing.
The robbery was reported to emergency dispatchers at 11:28 a.m.
Bank employees provided dispatchers with an exact description of the suspect's vehicle, including the license plate number.
"The tellers did a fantastic job at the bank getting all the information and getting it out to our dispatchers," Officer Eric Hill said.
A trooper spotted the car, which is not owned by either Breadsley nor Burrs, at 11:34 a.m. heading southbound on Route 98.
A felony traffic stop was initiated by Trooper Micheal Hamilton with the assistance of an Attica police officer further south on Route 98 at the Mooch’s Auto Glass location.
The two suspects were taken into custody and placed in separate patrol vehicles.
While being questioned later, Burrs could be heard telling officers that he had no idea his passenger went into Five Star to rob it. He repeatedly said he knew nothing about the robbery.
Hill said Burrs has continued to maintain that he had no idea Beardsley planned a robbery and had no part in it.
Asked if this was a particularly brilliant robbery plan, Hill said he doesn't know what drove the suspect to try and steal money.
"I don't know," Hill said. "Desperation? You do some things you might not normally do, depending on the circumstances. I'm not exactly sure why he felt the need to rob the bank, but you know, obviously he's desperate for money for some reason. We're currently in the process of deposing him to find out what his side of the story is. I'm sure all of that will come out eventually."
CORRECTION: The article originally said Burrs was charged with DWI. He was charged with DWAI.
Top Photo: Beardsley being transferred from one patrol vehicle to another at the traffic stop location on Route 98. Law enforcement officers are screening Beardsley from camera view.
The Five Star branch on West Main, Batavia, shortly after the robbery.
The scene of the stop on Route 98.
Sgt. John Szumigala and Officer Eric Hill with the suspected getaway minivan.
Deputy Brian Thompson and "Pharoah" sniff around the suspect vehicle.
Officer Eric Hill speaking with suspect Philip Burrs, who is out of the picture in the back of the State Police vehicle.
More than 100 gun rights advocates turned out this morning in 20-degree whether at the NYSP barracks on West Saile Drive to protest the SAFE Act.
As expected, Gov. Andrew Cuomo was the target of the protest signs and the speakers' rhetoric, but as it turned out, Cuomo gave the protesters a little extra ammunition when, during a radio interview yesterday, the first-term governor said, “If they are extreme conservatives, they have no place in the State of New York."
More than one speaker mentioned Cuomo's statement and suggested that perhaps it's Cuomo who should leave New York and is the one out of step with the majority of New Yorkers.
Assemblyman Steve Hawley also took Cuomo to task for his statement.
“The governor’s comments about my constituents are offensive and are a Freudian slip, which reveals what he truly thinks of Upstate New Yorkers. He has no right to come to Upstate New York and call himself governor when he has such obvious disdain for its people,” Hawley said. “The majority of Upstate New Yorkers are pro-Second Amendment and believe in traditional family values.
"If the governor does not think the good people of Upstate New York have a place in New York, he seems to be doing a good job of driving our families out of the state with his highest-in-the-nation taxes and infringements on our rights.”
Cuomo's apparent lack of fondness for the people of Upstate New York is yet another reason, Hawley said, for supporting his call for a voter referendum on dividing New York into two states.
For more on Cuomo's statement, see this Buffalo News article.
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