Two people did different things, but the right things, which led to Walmart being evacuated Wednesday afternoon even though there was no threat to life or the safety of people at the store, said Chief Deputy Brian Frieday.

A local man had purchased a pellet rifle and, after apparently throwing out the packaging, decided to return it to Walmart. Frieday said the man did the right thing. He called the store in advance to let them know what he was doing.

A customer saw the man get out of his truck and walk into the store with the gun.  That customer called 9-1-1 and reported a person had loaded a shotgun and was walking into the store.

"Patrols converged on the Walmart store," Frieday said. "In that response, we're able to clear the store, locate the individual and locate what was not a shotgun. It turned out to be a pellet gun that they were returning to the store that didn't work properly. There is no fault whatsoever. I'm glad the person called in because that's the 'see something, say something.' I'm glad they called it in. I know it creates a little bit of an inconvenience for patrons of the store, the store itself, and anybody around, even traffic around. But that's a great outcome. It's just a little bit of an inconvenience compared to everything we're seeing around the country now."

The man was located by patrols outside the store without the gun.  He had left it at the gun counter in the store.  He is not facing any charges.

"It seems very innocuous," Frieday said. "It's a misunderstanding. It was an observation by somebody that they rightfully called in because it appeared that it could be something threatening."

The Sheriff's Office was the lead agency on the call, assisted by Batavia PD and New York State Police. At least 10 patrol units responded, according to a witness.

During the incident, the store was evacuated -- all employees and customers were asked to leave the building.  Once police officers determined there was no threat, employees and customers were allowed back in.

Photos by Howard Owens.

While the man did the right thing by calling the store in advance, Frieday suggested people who need to return a potentially threatening item that isn't in its original packaging can go a step further by asking an employee to meet them outside with some sort of bag or packing for the item.

On Saturday, the Walmart in Batavia hosted Shop with a Cop, the annual event that pairs children who may not have funds for Christmas presents, either for themselves or as gifts for others, with a local police officer.

This year, participating agencies were Batavia PD, the Genesee County Sheriff's Office, and Le Roy PD.  

Photos by Howard Owens.

Press release:

The City of Batavia Police Department, Genesee County Sheriff's Office, and the Le Roy Police Department are preparing for the Ninth Annual “Shop with a Cop” event.  

The event will take place Saturday, Dec. 9 at Walmart located at 4133 Veterans Memorial Drive in Batavia. 

For those not familiar with the event, local children -- with the help of school resource officers and school officials from each school in Genesee County are selected to participate.  Children are provided funds and their own personal police officer/deputy to accompany them on a Christmas shopping trip at our local Walmart.  

Walmart graciously hosts and staffs the event.  Walmart also provides funding and goody bags for each child.

Grant money from Walmart, donations from the City of Batavia Police Benevolent Association, City of Batavia Civil Employee’s Association (CSEA), the City’s “Jeans for Friday” program, and the Genesee County Sheriff’s Employee Association make this event possible.  

All the participating agencies want to thank everyone in advance, especially during this time of the year, as it is an event that we are grateful to be able to participate in and provide for our community. In the past, community members/businesses have inquired about donating to the cause.  Donations can be brought to 10 W. Main St. Batavia N.Y. (Attn Detective DeFreze) or 165 Park Rd. Batavia N.Y. (Attn Sgt. Sanfratello).  Donations can also be mailed to P.O. Box 299 Batavia, N.Y. 14020 (Batavia PD) or P.O. Box 249 Batavia, N.Y. 14020 (Genesee County Sheriff’s Office).  Donations will allow more children to participate, or potentially increase the amount each child is provided, and lessen other costs associated with the event.  Any excess funds will be designated for the following year's event.  As of this writing, there are sufficient funds to cover this year’s event.  

We graciously ask that you keep us in mind next year!

The man smashed the glass of a display case at about 10:26 p.m., according to the Sheriff's Office.

He did not display a weapon while in the store.

The store was evacuated until officers determined the area was safe for customers and employees.

The robber fled in a vehicle. No description was provided of the man or the vehicle.

Deputies, State Police, and Batavia PD conducted a search of the area to try and locate the suspect.  He was not apprehended.

Anyone with information that may assist in the investigation is asked to call (585) 343-5000.

Armani, with Batavia police officer Connor Borchert and his mother Ashley Ayala, was among 30 children selected this year to "Shop with a Cop" at Walmart for Christmas.

The children each had $150 to spend on presents for themselves or for others.  The toy aisles were the most popular part of the store.

Photos by Howard Owens.

Armani and Ashley.

Ivy with Investigator Eric Hill.

Angelique with Batavia PD Assistant Chief Chris Camp

Deputy Jeremy McClellan with a nine-month-old on his first Christmas shopping trip to Walmart (mother asked that we not identify the child).

Deputy Jeremiah Gechell shops with Keaghen and his father, Chad Broskin of Brockport.

Deputy Kyle Tower joins Gechell, Chad, and Keaghen.

Press Release

The Batavia Police Department in collaboration with the Village of LeRoy Police Department and Genesee County Sheriff’s Office will hold the 8th annual “Shop With a Cop” event. The event will take place Saturday, December 10th at the Walmart located at 4133 Veterans Memorial Drive in Batavia. 

Approximately 30 children will be participating in Saturday’s event, and any excess funds raised will be banked towards next year’s event. Each child will have the opportunity to take a photograph with Santa and meet their individual police officer before browsing the store.

“I want to acknowledge the hard work and effort put forth by our officers into organizing this event for the community and in particular Detective James DeFreze who does a tremendous job every year in putting this event together,” Batavia Police Chief Shawn Heubusch said. “We are proud of the efforts of our department to have started this event eight years ago, and by partnering with the Le Roy Police Department and the Genesee County Sheriff’s Office, this has become a highly anticipated event in the community.”

Donations have been received from Wal-Mart, H.E. Turner & Company, Inc., the Batavia Police Benevolent Association, Civil Service Employee Association (CSEA), Bonarigo and McCutcheon law office, and other members of the community.

Approximately $2,800 has been raised to date.  Those interested in donating can contact Detective James DeFreze at jdefreze@batavianewyork.com.

“On behalf of our department, the Village of LeRoy Police Department and the Genesee County Sheriff’s Office we would like to thank Walmart for their generosity and assistance in making this event possible,” Heubusch said.

File Photo of City Police Chief Shawn Heubusch participating in Shop With a Cop in 2021. Photo by Howard Owens.

Press release:

The City of Batavia Police Department, Genesee County Sheriff’s Office, and the LeRoy Police Department are planning for the annual “Shop with a Cop” event.

In the past, community members/businesses inquired about donating to the cause.  There are several ways to submit donations.  Checks can be made payable to the Batavia Police Benevolent Association OR the Genesee County Deputy Sheriff’s Association.  Donations can be brought to 10 W. Main St. Batavia N.Y. (Attn Detective DeFreze) or 165 Park Rd. Batavia N.Y. (Attn Sgt. Sanfratello).  Donations can also be mailed to P.O. Box 299 Batavia, N.Y. 14021 (Batavia PD) or P.O. Box 492 Batavia, N.Y. 14021 (Genesee County Sheriff’s Office). 

For those unfamiliar with the event, Local children are selected with the help of School Resource Officers and School Officials.  On a date in December, children will be provided funds and their own personal Police Officer / Deputy to accompany them on a Christmas shopping trip at our local Walmart.  Walmart graciously hosts and staffs the event.  Walmart also provides funding and goody bags for each child. 

The additional funds being raised will allow more children to participate, potentially increase the amount each child is provided, and lessen other costs associated with the event.  Any excess funds will be designated for next year's event. 

All the participating agencies want to thank everyone in advance, especially during this time of the year, as it is an event that we are grateful to be able to participate in and provide for our community.

Photo: File Photo.  For previous coverage, click here.

He's described as a white male with a blue cap and a light green jacket.

An off-duty officer spotted him running behind Pawn King.

Multiple patrol units responding.

UPDATE 12:52 p.m.: A deputy is out with the suspect in the Batavia Downs parking lot.  There has apparently been merchandise found under a pickup truck in a nearby parking lot.

UPDATE 12:55 p.m.: The suspect is in custody. Additional merchandise has been recovered in the Country Max parking lot.

Today, at Walmart, police officers with four agencies -- Batavia PD, Sheriff's Office, State Police, and Le Roy PD -- gathered at Walmart for law enforcement's annual "Shop with a Cop" day, when select youths in the community receive a free gift certificate to spend on presents for family members (and perhaps get something for themselves).

A chase, a search, and a tip led to the arrest of two people Tuesday night after they were located at Walmart in Batavia.

The incident began with a chase on Route 63 in Oakfield.

A deputy on patrol spotted a Pontiac sedan traveling north at a high rate of speed, so the deputy turned around and attempted to catch the vehicle.

The deputy observed the sedan continue at a high rate of speed and pass a vehicle by crossing into the southbound lane. At that point, the deputy, in his marked patrol vehicle, initiated a pursuit with lights and siren.

The vehicle failed to stop and continued east on Route 262 and then north on Fox Road. At Fox and Maltby roads, the vehicle allegedly ran a stop sign and went into the air off the north shoulder of Maltby Road into a field.

The vehicle struck a tree and then continued northwest through the field. A backseat passenger jumped from the vehicle and complied with a deputy's commands.

The sedan continued northwest and entered a neighboring crop field. It allegedly damaged about $1,000 in crops.

The driver stopped the vehicle and the driver and remaining passenger fled on foot.

A vehicle search allegedly led to deputies finding scales with residue and an illegal weapon in the vehicle.

A K-9 was dispatched to assist in the search. That search led to a nearby residence.

Deputies received a tip that two people matching the suspects were given a ride to the Batavia Walmart.

Police responded to Walmart and located the suspects in the Walmart parking lot.

The driver was identified as Jason M. Fitzpatrick, 38, of Sweet Road, Howell, Mich., and the passenger as Samantha R. Makar, 22, of West Madison Street, York, S.C.

Fitzpatrick is charged with: criminal possession of a weapon, 3rd; unlawful fleeing of a police officer in a motor vehicle; criminal mischief, 4th; obstructing governmental administration, 2nd; and aggravated unlicensed operation. There was also a warrant for Fitzpatrick out of Michigan as a parole absconder.

Makar is charged with obstructing governmental administration and criminal possession of a weapon, 4th.

The weapon recovered was not described in the press release.

The third occupant of the vehicle complied with deputies' orders and was charged.

Assisting the in the incident were NY State Police, The Department of Environmental Conservation's K-9 unit, and Batavia PD.

Deputies involved in the incident included Jacob Gauthier and Jordan Alejandro.