batavia

Batavia hitters unloaded on Newark pitchers Thursday evening in an offensive onslaught that included a grand slam home run by shortstop Charlie Szykowny (top and bottom photos).

Szykowny went 2-2 raising his season average to .311. The big blast was Szykowny's first HR of the season. 

Batavia native Jerry Reinhart was 2-3, scoring twice.

The Muckdogs won 11-1 lifting the team's recored to 19-17. Batavia is in third place, a half-game behind the Geneva Red Wings with six games to go in the regular season. 

Blair Frederick was the winning pitcher, going five and a third innings, giving up only two hits, walking one and whiffing eight.

The Muckdogs' final home games of the regular season are tonight at 7 against Jamestown, Sunday at 4:05 p.m. also against Jamestown, and Thursday, 7:05 p.m., against Niagara Power. Jamestown is in first place in the Western Division with a record of 26-12.

Photos by Philip Casper.

David Chua throwing out the first pitch.

Blair Frederick

Daniel Burroway 

Jerry Reinhart with a head-first slide into second base after a line drive into right field.

Reinhart scores.

Michael Thomas Martinez, 37, of Church Street, Oakfield, is charged with: second-degree menacing; two counts of first-degree attempted assault; two counts of criminal possession of a weapon in the third degree; two counts of second-degree harassment; and trespass. He was arrested at 1:55 a.m. July 21. After an altercation between Martinez and two victims, it is alleged that Martinez hit both victims with a closed first. He then allegedly pulled out a knife and attempted to slash at the two victims with a knife, stating he was going to stab and kill them both. Martinez did allegedly cut the arm of one of the victims. He then left the scene and returned to his residence. A relative of a victim watched Martinez's house to make sure he did not leave before deputies arrived. Martinez allegedly came out of his house with a black metal pipe, which started a separate altercation. He then threatened to hit the third victim, the family member, with the pipe. Martinez then allegedly told the third victim he was going to get a gun from his house and shoot the third victim unless he left. Martinez returned to his house for a short time, then came outside. He was taken into custody by Genesee County Sheriff's deputies and NYS troopers. Martinez was arraigned in Oakfield Town Court and put in GC Jail on $10,000 cash bail. The incident was handled by GC Deputy Jacob Gauthier and Deputy Austin Heberlein with assistance from state police.

Ida Marie Vanorden, 35, of Swan Street, Batavia, is charged with second-degree attempteed assault and third-degree assault. She was arrested July 22 after an investigation for allegedly assaulting two people at 3 a.m. on July 14 on North Lake Road in Bergen. She was arraigned in Bergen Town Court and is due back there on Aug. 11. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Pamela A. Morrow is charged with driving while intoxicated with a BAC of .08 percent or greater -- second offense within 10 years, and DWI -- second offense within 10 years. At 6:20 p.m. July 21, Morrow was arrested on Linwood Road in Le Roy. She was processed at Genesee County Jail then released on appearance tickets. She is due in Le Roy Town Court on Aug. 3. The case was handled by Genesee County Sheriff's Deputy Nicholas Chamoun, assisted by Deputy Kyle Krzemien.

Elizabeth Michelle Thompson, 31, of Monclair Avenue, Batavia, is charged with petit larceny. She was arrested at 12:50 p.m. July 21. It is alleged that she stole $113.28 worth of merchandise from Walmart. She is accused of walking past all points of sale without paying for the items. She was processed at Genesee County Jail, then released on an appearance ticket for Batavia Town Court Aug. 19. The case was handled by GC Sheriff's Deputy Chad Cummings.

Press release:

The City of Batavia Water Department is going to be repairing a water line in front of 13 Holland Ave. today. The street will be closed to through traffic including emergency vehicles. Work began about 8 a.m. and should be completed by 3 p.m.

Residents are asked to find alternative routes.

Press release:

Batavia Downs welcomed a large crowd of live fans back to the track on Wednesday (July 21) as they opened their 2021 live racing season and the New York Sire Stakes were in town to put on the show.

Thirteen 2-year-old filly trotters went postward in two divisions for a total of $101,700 in purses and the two best of this group remained perfect lifetime. 

In the first $51,300 seven-horse division, the undefeated Bomb Hugger (Chapter Seven-Stylemaker) ran her streak to three consecutive wins after tripping-out the entire mile. 

Iluvmymiumiu’s (Andrew McCarthy) took control off the pylons while Bomb Hugger (Anthony Macdonald) left from mid-pack and tucked second at the pegs. After cutting fractions of :28.4, :59 and 1:28.3, Pioneer AS (Jim Morrill Jr.) made her way to second on the outside and then drew even with the leader.

However, coming off the last turn Pioneer AS broke, giving Bomb Hugger a clear lane to the outside. Macdonald pulled the filly and she responded willingly. Bomb Hugger trotted quickly by Iluvmymiumiu’s and drew clear by 1-½ lengths at the line in 1:58.2. 

Bomb Hugger ($5.40) is now two-for-two in NYSS action. The filly is owned by Thestable Bomb Hugger Group and is trained by Ryan Swift. 

A group of six lined up for $50,400 in the second round and Gertrude (Devious Man-Ophelia) became the second filly of the night to remain unbeaten.

Following the pattern of the first division, the rail sitter Seven On The Rocks (John Stark Jr.) left hard while the heavily favored Gertrude (Andy Miller) darted from post five and dropped in the garden spot. While the race proceeded in single file fashion through somewhat pedestrian quarters of :30.2, 1:01.1 and 1:31.1, Seven On The Rocks looked strong heading into the last turn.

But Gertrude had other ideas when Miller tipped her off the pylons. Gertrude got almost even with Seven On The Rocks at the top of the stretch but couldn’t quite get by the stubborn leader. The two battled heartily to the beam where Gertrude finally got a slight advantage and won by a ¼ length in 1:59.3, with a swift :28.2 final panel. 

Now two-for-two lifetime, Gertrude ($3.10) is owned by the Andy Miller Stable and is trained by Julie Miller.

It was Miller Time at Batavia Downs on Wednesday as Andy Miller led all drivers with three wins on the card while wife Julie Miller led all trainers by sending two from her stable to the Purple Haze Winner’s Circle.

There were also three $15,000 Excel A divisions also contested and they were won by Adjure Hanover (Chapter Seven-Anonyme Hanover 1:59.4, $2.70), New Year’s Eve (Credit Winner-Sweetest Zete 2:03.2, $10.60) and Soundsofsilence AS (Conway Hall-Shutupandholdon AS 2:00.3, $16.20).

Racing resumes at Batavia Downs on Saturday (July 24) with post time at 6 p.m. Free full card past performance forms can be downloaded for all live race dates at bataviadownsgaming.com or on the Batavia Downs Facebook page.

Press release:

The Genesee County Chapter of S.C.O.P.E -- Shooters Committee On Political Education -- announces a summer picnic Aug. 10 at “The Sportman Coon Hunters Association,” located at 8770 Hopkins Road, Batavia.

The gathering will start at 4 p.m.

Members, former members, and the public are welcome to attend.

Come out, have some picnic food, and meet others interested in preserving the Second Amendment.

Picnic is FREE and you could win a FREE door prize.

Questions? Contact Dave Kaufman (585) 690-7429.

An attorney for a 32-year-old Alabama man in court to be sentenced on multiple crimes expressed regret Wednesday that his client had missed his chance at a drug rehab stint before the man rammed his car into another vehicle on Bliss Road in Oakfield in December.

The timing just didn't work out Christian Catalano suggested before recommending a minimum prison sentence for Jason Allen Klinkbeil on his convictions for grand larceny, 3rd, and falsifying business documents -- one and a half to three years on each count to run concurrently.

Klinkbeil had also previously admitted to first-degree vehicle assault and Victor Mui represented Klinkbeil on that conviction.

The assault incident occurred less than two weeks after Klinkbeil was indicted by the grand larceny on the falsifying business records counts; Mui also asked for a minimum prison term.

Both attorneys said Klinkbeil doesn't have much of a criminal record, noting only one felony conviction for aggravated unauthorized operation, 1st, and should be given some consideration for his admission of guilt and seeking treatment for his substance abuse problem.

Catalano said his client was addicted to opiates.

For his part, Klinkbeil told Judge Charles Zambito that he takes responsibility for his actions and recognizes he has a drug problem he needs to address. He said he's been working and taking care of his family since his arrests in December.

"I realize I had a lot of wrong views before I had a family," Catalano said. "That's why I'm here today, trying to get things straight so I can get back to my family."

At the start of the hearing, Mui said his client wanted to ask for a two-week continuance in the sentencing so he could spend more time with his kids. District Attorney Lawrence Friedman said he saw no reason to delay the sentencing and Zambito denied the request.

Friedman had asked Zambito to impose the maximum possible sentence under the terms of the plea agreement, which was five and a half to 11 years.

Zambito said Klinkbeil's criminal actions are an example of "the harm substance abuse or alcohol abuse can produce, not only for yourself but for people around you and people you don't know."

The grand larceny charge, Zambito noted, involved a theft to obtain more drugs, and the falsifying business documents charge stemmed from trying to pawn items taken from a friend.

In the first case, Zambito said Catalano was right. That might have been a case that was eligible for transfer to drug court but in the second case, Zambito said he didn't believe Klinkbeil had accepted responsibility for his actions. Zambito had said that Klinkbeil had in some prior statement tried to blame his friend for the situation.

Klinkbeil, who had mostly been sitting between his attorneys at the defense table with his head down, looked at Zambito at this point and sat forward as if he was about to speak.  He didn't.

Zambito sentenced Klinkbeil to one and a third years on the grand larceny conviction and two to four years on the falsifying business records conviction, with the sentences to run concurrently.

Klinkbeil was sentenced as a second felony offender because of a prior aggravated unlicensed operation conviction, 1st. Contrary to the attorney's statements that Klinkbeil has a minimal criminal record, Zambito noted he's been arrested multiple times and that he had a prior probation violation.

Klinkbeil's prior criminal record includes arrests for:

• Possession of a controlled substance, 7th, in Le Roy in July 2012
• Criminal trespass, 3rd, in Le Roy in September 2012
• Petit larceny in Le Roy in February 2013
• Petit larceny in the City of Batavia in March 2014
• A DWAI in Livonia in May 2016
• Petit larceny in Greece in July 2016
• AUO, 1st, in Livingston County in October 2016

On the business record charge, Zambito also ordered Klinkbeil to pay $372.60 in restitution.

Then Zambito turned to the vehicular assault conviction, which he said was the far more serious charge, calling it a "road rage" incident.

"You put the physical safety and lives of others at stake," Zambito said.

The judge noted the incongruity of Klinkbeil's desire to take care of his family and the fact that his wife was in the car at the time of the incident.

"This was all fueled by substance abuse," Zambito said. 

When Zambito reiterated that Klinkbeil didn't seem to show any remorse for the falsifying business records, Klinkbeil did speak up but Catalano told him not to speak.

"There must be a prison sentence but must it be the max?" Zambito said. "I'll give you the benefit of the concurrent sentence and give you three-and-a-half to seven years."

Editrudis Zavala-Palacio, 52, is accused of first-degree rape with forcible compulsion stemming from an incident which occurred in 2009 at an upper apartment in the first block of Jackson Street in the City of Batavia. He was arrested this month on July 7 at 5:30 p.m. and arraigned in Batavia City Court. He was put in jail on $200,000 cash, $400,000 bond, or $400,000 partially secured bond. No upcoming court date cited. No information provided about the investigator(s).

Shacerie Rivera, 24, was arrested at July 14 on Liberty Street in Batavia and charged with second-degree criminal assault and criminal possession of a weapon in the fourth degree. It is alleged that at 10:23 p.m. July 13 that she cut a person in the arm with a knife; then she is accused of interfering with police as they attempted to take another person into custody. Rivera was arraigned in Batavia City Court and released under the supervision of Genesee Justice. Rivera is due back in court on Aug. 11.

Marquele Tomlin, 30, is charged with second-degree reckless endangerment after a lengthy investigation into a report of an armed robbery at 1 a.m. May 30 on East Avenue in Batavia during which Tomlin was shot. The investigation began about 2:45 the same morning when members of the Batavia Police Department were dispatched to UMMC for a report of a victim with a gunshot wound to the hand. Tomlin stated that he had been shot during a robbery earlier in the night while walking on East Avenue, somewhere between Vine and Elm streets. Police officers, detectives and a canine scoured the area, but were unable to located any evidence of a crime scene. Several other areas of interest through the city were also checked with negative results. Detective Jason Ivison watched hours of security footage and interviewed dozens of people during the course of the investigation. Tomlin is accused of operating a vehicle with a loaded and unholstered firearm on his lap in reckless manner, which caused the firearm to discharge. According to the police report, Tomlin shot himself in the hand and the bullet exited the vehicle in the area of East Avenue and Batavia Middle School, causing a substantial risk of serious physical injury or death to another person. He was released on an appearance ticket and is due in Batavia City Court July 27. There is an ongoing investigation into the vehicle Tomlin was operating that night and a vehicle of interest has been identified. If anyone has information relating to this case, please call Detective Ivison at (585) 345-6312 or through the confidential tip line at www.bataviapolice.org.

Melanie Marrero, 20, is charged with obstruction of governmental administration in the second degree and second-degree harassment. At 10:31 p.m. July 13 on Liberty Street, Marrero was arrested after a complaint that she failed to comply with officer commands, physically resisted arrest and spit on police officers. She was issued an appearance ticket for July 20 in Batavia City Court then released.

Donald Ernest Yott Jr., 32, of Alexander Road, Alexander, is charged with: criminal possession of a weapon in the third degree -- high-capacity ammunition feeding devices; a second count of criminal possession of a weapon in the third degree -- an assault weapon; and criminal possession of a firearm. On July 20 at 4:20 p.m. Yott was arrested on the charges and arraigned in Alexander Town Court. The charges stem from a search warrant executed by the Genesee County Sheriff's Office on Sept. 6. Yott was released on his own recognizance and is due back in court Sept. 14. The case was handled by Genesee County Sheriff's Deputy James Diehl, assisted by Deputy Andrew Mullen.

Eric Doleman, 51, and Amanda Bowles (no age provided) were arrested and charged with petit larceny. It is alleged that at 9:37 a.m. on July 14 that they took eight pocket knives from a convenience store on East Main Street in Batavia. They are accused of fleeing on foot and were subsequently taken into custody at a separate location. Both were issued appearance tickets and are due in Batavia City Court for arraignment Aug. 3.

Antonio Goodson, 31, is charged with petit larceny. On July 12 at 12:18 p.m., Goodson was arrested for stealing two 30-packs of Budweiser beer from Save-A-Lot in Batavia. He was released on an appearance ticket and was due in Batavia City Court on July 20.

Cynthia M. Gosier, 36, of Maple Street, Batavia, is charged with petit larceny. After an investigation, Gosier was arrested July 17 on suspicion of shoplifting from Walmart. She was issued an appearance ticket returnable to Town of Batavia Court on Aug. 17. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy Travis DeMuth.

Nicholas O'Connor, 30, is charged with unauthorized use of a motor vehicle in the third degree. At 11:04 p.m. on July 4, he was arrested for allegedly keeping a vehicle beyond the time frame agreed upon with the owner. He was issued an appearance ticket and is due in Batavia City Court July 27.

For most of the day, Dr. Harry McCrea is a cardiologist, but on some days, during his breaks, he's UMMC's troubadour, singing and playing his guitar outside the hospital's main entrance.

Last year, during COVID-19, for a little stress release, he started bringing his guitar to work with the intention of sitting outside when weather permitted just so he could relax and practice.

Soon, he started drawing an audience. Other members of the UMMC staff found his music enhanced their own breaks.

Scott Bischoping has been named interim superintendent for Batavia City Schools following the resignation of Anibal Soler.

Bischopping was the interim superintendent following the departure of Chris Dailey and preceding Soler's appointment at the start of 2020.

Soler accepted an appointment as superintendent of the Schenectady school district.

"His knowledge and leadership will guide us into the new school year," the district said in a statement.

A Batavia City School District trustee who held up approval of a merger between the Batavia and Notre Dame hockey teams at the district's school board meeting on Thursday afternoon met with the schools' athletic directors and coaches and said he had his questions answered and looks forward to the agreement being on the board's next agenda.

The Batavian has attempted to clarify with John Marucci that his statement means he intends to vote in favor of the merger but he has not responded to two emails.

Three Four other members of the board have responded to emails and said they intend to support the measure. One hasn't responded.

Previously, The Batavian emailed five questions to Marucci about his apparent objections to the merger, trying to clarify his position and didn't get a response until yesterday. He didn't provide answers to the question but did make this statement:

I apologize for not getting back to you sooner. Just so you know that today at 3:15, I was able to meet with BCSD BOE President Alice Ann Benedict, BCSD AD Mike Bromley and hockey coaches Marc Staley and John Kirkwood. We had a very lengthy and thorough discussion about the proposed merger between Notre Dame and Batavia as it pertains to hockey. I feel very satisfied that I had my questions and concerns answered and look forward to having this item on our agenda for our August 5th BCSD BOE Meeting. 

At last week's meeting, Marucci expressed concern about other schools in the county being eased out of a combined hockey program with Batavia and that once current players from those districts have graduated, students at those schools would have to attend Notre Dame if they wanted to play hockey. He suggested Notre Dame recruits athletic students and that he was concerned the merger wouldn't be fair to Batavia students.

Our questions to Marucci included trying to find out how the merger wouldn't be fair to Batavia students. He didn't answer that question.

At the meeting, he said, "I just want clarification," and, "I'm not trying to be that guy but I guess I'm being that guy."

With two seats vacant on the board due to resignations and one person absent, Marucci's unwillingness to vote to approve the agreement meant there wasn't a quorum, so the board had to table the matter until its Aug. 5 meeting.

The merger would mean Notre Dame, which has won two sectional championships in recent years under Head Coach Marc Staley, and Batavia players would form a single unit.

Last week the schools announced the new team would be known as Batavia United.

Advocates of the merger argue that the merger would allow both schools to have a JV program, which will help produce a more successful program and end the dangerous practice of including JV-aged and -sized kids on varsity rosters.

And yes, students at schools such as Le Roy, Alexander, Oakfield-Alabama, and Pembroke, who want to play hockey in the future, will need to attend a private school such as Notre Dame. Which is how it was for those schools before Batavia, in a bid to increase its hockey numbers seven years ago, accepted those schools into its hockey program.

Since that realignment, Batavia has won 13 games with only two of those wins coming against Section V opponents and no wins against teams with winning records.

The merger is going to get the support of at least three trustees.

Statement from Alice Benedict:

I wholeheartedly support the Batavia Notre Dame Hockey merger. It will help both schools be able to offer hockey opportunities for grades 7 through 12.

Statement from John Reigle:

Thank you for reaching out to me regarding the hockey merger. 

As you are aware we tabled the agenda item at our last school board meeting for some final clarification and questions. It is a big decision for our district and I’m glad our board of education is putting in so much collaborative thought and consideration into the topic. Unfortunately, our athletic director and/or the coaches were unable to attend the last meeting to have more discussion on the topic. However, it is my understanding they were able to meet with our board president and Vice President yesterday to discuss. 

After speaking with some hockey families from both schools, along with learning more of Coach Staley’s & Coach Kirkwood’s goals and intentions for the United program, I am in favor of the merger. I look forward to bringing back a competitive hockey program to our city that the student-athletes, our schools, and our community are proud of. 

Statement from Barbara Bowman:

I am in complete support of the hockey merger because it will be advantageous to BHS and ND students and the community in general.

Newly elected Trustee Jennifer Lendvay did not respond.

UPDATE: Lendvay's statement: 

I am in favor of the merger of the BHS/ND hockey teams and look forward to seeing them play.

A two-car accident, unknown injuries, is reported at East Main and Clinton streets, Batavia.

City fire and Mercy EMS responding.

UPDATE 8:21 a.m.: Eastbound traffic is being shut down at Harvester Avenue.

UPDATE 8:56 a.m.: No injuries. The white pickup truck was westbound on East Main Street. The black sedan was coming off of Clinton, making a right turn. The black car failed to stop at the intersection and struck the pickup, according to Sgt. Dan Coffey.

A 76-year-old Batavia man struck by a car on West Main Street on June 22 remains hospitalized at Strong Memorial Hospital.

Nathan J. Maniace is in stable condition at this time, according to the hospital.

Before today, Batavia PD had not released the names of the people involved in the accident. The Batavian acquired the accident report through a FOIL request.

According to the report, Maniace was walking southbound across West Main Street from the area of Burger King toward Ken Barrett Chevrolet when he was struck by a 2019 GMC sedan driven by Lloyd J. Miller, 72, of Stafford.

Miller reportedly told police that he did not see Maniace in the roadway.

No citations were issued.

Maniace was transported by ground ambulance to a landing zone in the grass lot between the County Courthouse and the Batavia Fire Station. He was flown by Mercy Flight to Strong.

The accident report was completed by Officer Stephen Quider.

Andre L. Roberts is indicted for the crime of assault on a police officer, a Class C violent felony. It is alleged that on Oct. 21 in the Town of Alexander, that Roberts, with intent to prevent a Genesee County Sheriff's deputy from performing a lawful duty, caused serious physical injury to the officer. In count two, Roberts is accused of resisting arrest, a Class A misdemeanor, for intentionally preventing or attempting to prevent a police officer from arresting him or another person.

Robert J. Williams is indicted for the crime of aggravated cruelty of animals, contrary to NYS Agriculture and Markets Law Section 353a(1) -- a felony. On Jan. 14, with no justifiable purpose, Williams is accused of intentionally killing or intentionally causing serious physical injury to a companion animal with aggravated cruelty. In count two, Williams is accused of the same crime involving a second animal. In counts three and four, Williams is accused of fourth-degree criminal mischief, a Class A misdemeanor contrary to Penal Law Section 145.00(1), for intentionally damaging property belonging to another -- to two dogs.

Dejon J. Smith is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 25 in the City of Batavia that Smith knowingly and unlawfully possessed a narcotic drug -- cocaine -- with the intent to sell it. In count two, Smith is indicted for criminal possession of a controlled substance in the fourth degree, a Class C felony. It is alleged in count two that on that day, he knowingly and unlawfully possessed one or more preparations, compounds, mixtures or substances containing the narcotic cocaine; these had an aggregated weight of one-eighth ounce or more. In count three, Smith indicted for the crime of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, for knowingly and unlawfully possessing a controlled substance -- alprazolam. In count four, Smith is accused of tampering with physical evidence, a Class E felony. It is alleged in count four that Smith, believing certain evidence was about to be produced or used in an official proceeding, intentionally acted to prevent this. He is accused of hiding some cocaine behind a stack of storage container lids in a storage shed while hiding from a uniformed officer who was searching for him. In count five, Smith is indicted for the crime of second-degree obstruction of governmental administration, a Class A misdemeanor. It is alleged in count five, that Smith intentionally obstructed, impaired or perverted the administration of law or other government function by means of intimidation, physical force or an independently unlawful act.

Shane M. VanName is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Nov. 1 while in the first block of North Street in the Town of Le Roy VanName violated an order of protection. He is accused of intentionally harassing, annoying, threatening or alarming a protected person, or subjecting the person to physical contact or threatening to do so. In count two, VanName is indicted for second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that he intentionally disobeyed a court order of protection out of Darien Town Court issued Oct. 23. In count three, is indicted again for second-degree criminal contempt. It is alleged in count three that he intentionally disobeyed a court order out of Darien Town Court to stay away from a second person at the same address on North Street in Le Roy.

Alexander L. Baldwin is indicted for third-degree grand larceny, a Class D felony. It is alleged that between November and December that Baldwin stole property from a couple -- U.S. currency valued at more than $3,000. In count two, Baldwin is accused of the same crime for receiving funds in excess of $3,000 from the couple to perform home improvements, thus creating a trust, and then appled the funds for a purpose other than the trust intended.

Christopher L. Taylor is indicted for the crime of third-degree grand larceny, a Class D felony. It is alleged that on Jan. 16 in the Town of Pembroke that Taylor stole property with a value in excess of $3,000.

Myles D. Macleod is indicted for the crime of aggravated driving while intoxicated, per se, as a Class E felony. It is alleged that on Nov. 27 on Route 77 in the Town of Darien that Macleod rode a 2005 Harley-Davidson motorcycle while he had a BAC of .18 percent or greater. In count two, the defendant is accused of DWI as a Class E felony for operating the motorcycle that day while he was intoxicated. In count three, Macleod is accused of aggravated unlicensed operation in the first degree for riding his motorcycle that day in Darien while his driver's license was suspended or revoked by the NYS DMV Commissioner and while he was under the influence of alcohol or a drug. In count five, the defendant is indicted for circumventing a required ignition interlock device, since the motorcycle did not have one. In count five, Macleod is accused of refusing to submit to a breath test. In count six, he is accused of the violation of operating an unregistered motorcycle that day on Route 77. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Macleod is accused of having been convicted of DWI as a Class E felony on Nov. 5, 2014 in Genesee County Court. The conviction forms the basis for the suspension or revocation referred to in the current indictment and it was still in effect on the day of the crimes alleged in the current indictment.

Joel Morales Cruz is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on Oct. 25 in the City of Batavia that Cruz drove a 1996 Honda on Oak Street while his driver's license was suspended or revoked by the NYS DMV Commissioner. In count two, Cruz is accused of driving while intoxicated, as a misdemeanor, that day on Oak Street. In count three, Cruz is indicted for DWI, per se, as a misdemeanor. It is alleged in count three, that Cruz drove on Oak Street that day while he had a BAC of .08 percent of more. In Special Information filed by Genesee County District Attorney Lawrence Friedman, Cruz is accused of having been convicted of driving while intoxicated as a misdemeanor on April 22, 2010 in Batavia City Court and the conviction forms the basis for the suspension or revocation referred to in the current indictment and was still in effect.