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City pays tribute to heroic efforts of Batavians Ralph Bush, Michael Paladino Jr.

By Mike Pettinella

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The Batavia City Council presented proclamations to the family of Michael Paladino Jr. and to Ralph Bush for their heroic acts earlier this month.

In the top photo, Council Member Patti Pacino reads the proclamation extolling the action of Paladino, who "gave his life for another" when he went to the aid of a woman who was being assaulted by a man in the City on June 1. From left are his daughter, Tea; son, Sonny; partner Rebecca Fili; sister, Macy; and mother, Mary Jo Fay.

In the bottom photo, Council President Eugene Jankowski reads the proclamation honoring Mr. Bush as Officer Darryle Streeter looks on. Bush, a former Military Police, was cited for his "quick action that saved the life" of Officer Streeter when he managed to free a gun from a would-be assailant during a traffic stop early in the morning on June 5.

Bush had just finished his shift at O-At-Ka Milk Products when he saw the suspect and the officer engaged in a physical altercation.

Photos by Mike Pettinella.

Council to consider school resource officer proposal for Batavia City School District

By Mike Pettinella

The Batavia City Council tonight agreed to consider a proposed five-year agreement to provide School Resource Officer services to the Batavia City School District -- something Police Chief Shawn Heubusch believes is long overdue.

Heubusch elaborated on a recent memo he sent to Council about the Memorandum of Understanding that he and City School District Superintendent Christopher Dailey developed, with the hope of the board’s approval at its next Business meeting on July 8.

Tonight’s meeting was a combination Conference and Business meeting at City Hall Council Chambers and set the stage for a pair of public hearings for the July 8 meeting – one to support a NYS Office of Community Renewal Community Development Block Grant requested by Genesee Dental and the other to advance $25,000 in funds earmarked for Dwyer Stadium repairs a year earlier than originally appropriated.

On the subject of an SRO for Batavia, Heubusch said he was a bit puzzled as to why the largest district in Genesee County was the only one not to have a designated officer.

“Yes, it does surprise me a little bit. In speaking with Sheriff (William) Sheron over at the county, our actual agreement kind of mirrors what they’re doing with their different school districts so it only makes sense,” he said.

“We’ve had a lot of calls for service at the school, just because there’s a large population in the City when school is in session. It is a little surprising that we haven’t had an SRO until this time, but it is much needed.”

In his memo, Heubusch outlined numerous benefits to having an SRO for Batavia schools, including: student/faculty safety, of course; along with enforcement; relationship building and communication with law enforcement; counseling services; tackling issues involving substance abuse and peer pressure; conflict resolution; and crisis training and response.

The chief said he has applied for grants and tried to fund the position through the budget process, but has been unsuccessful.

“So this year, the superintendent and I sat down and put our heads together and came up with a pretty good Memorandum of Agreement/Understanding, I believe, where the school district and the City share the cost of the school resource officer proportionately,” he said.

Heubusch said the MOU calls for the school district to pay 83 percent of the cost of an entry-level police officer and the City to pay 17 percent. That 83/17 split would remain the same for the life of the contract.

“It stays with that percentage throughout the life of the agreement (five years), so it kind of guarantees some longevity to the program,” he said. “The hopes would be that in five years or four years we renegotiate that contract, come up with another contract that will take us out another five years.”

The agreement starts with one SRO in year one, but increases to two in year two, and three in year three, Heubusch said.

“The idea is to get the three school resource officers for the district – one being assigned to the high school, one being assigned to the middle school and the third one floating between the elementary and parochial school,” he said.

Since the SRO would be a City Police Department officer, he or she could be recalled by the Chief if needed.

“As the agreement calls for, if there is an emergency situation and we need to recall that officer for whatever it may be – our staffing is short or we have a major incident – there is some notification that takes place with the school district, but we’d be able to recall that officer in an emergency situation,” Heubusch said.

“The intent is to make sure that officer is present (in the school) as much as possible – 100 percent of the time, quite honestly, (from September through June) in the school district to do the job that they’re there to do. I don’t foresee us having to recall that officer on a regular occasion.”

City Manager Martin Moore reported to Council that the SRO would have a vehicle, adding to the department’s inventory.

Council unanimously moved the proposal to the July 8th Business meeting.

In other action, Council approved a National Night Out event for 6-8 p.m. Aug. 8 at City Church at St. Anthony’s on Liberty Street. Part of a community-building campaign that promotes police/community partnerships and neighborhood relationships, it is free to the public. Food and refreshments will be provided.

Watch for more coverage of tonight's City Council meeting on Tuesday.

Emotions run high during jury selection for alleged drunk driver in fatal Darien hit-and-run accident

By Lauren Leone

Prospective jurors expressed how difficult it may be to remain fair and impartial during jury selection today in Genesee County Court for the trial of 48-year-old Jennifer L. Serrano (booking photo above).

The Irving, Chautauqua County, resident is accused of driving while intoxicated and killing 18-year-old Connor Arthur Lynskey, of Hinckley, in a fatal hit-and-run accident Aug. 11 on Sumner Road in Darien.

After a tense selection process today, 12 jurors and four alternates were chosen to be impaneled.

Defense attorney Frank LoTempio was overpowered by the voices of multiple juror candidates when he asked a group of 18 prospective jurors whether their personal emotions would interfere with their deliberations.

A few potential jurors admitted they did not feel comfortable swearing under oath to remain objective due to the highly sensitive nature of the case. Particularly, candidates were unsettled by the expert testimony that defense counsel is anticipated to bring forward. It may allege Lynskey was intoxicated, and either walking or running in the lane of traffic when he was struck.

Lynskey had attended a Jason Aldean country music concert with friends and family at Darien Lake Performing Arts Center before he was killed. After the concert, the group started on foot back to its campsite at Darien Lakes State Park campground.

The Genesee County Sheriff's Office report of the accident indicated Lynskey had decided to run ahead to catch up with a friend. 

When family members and friends returned to the campsite, they realized Lynskey was missing.

Law enforcement searched the area that night, but did not find him. His body was discovered the next morning in a ditch by the side of the road.

That same night he went missing, Serrano had been stopped by a deputy and charged with driving while under the influence.

The alleged hit-and-run may have occurred approximately 30 minutes before her DWI arrest. By following leads, investigators identified her as a suspect in the fatal accident.

Some juror candidates said they could not justify drinking and driving under any circumstances, if that is in fact the cause of the fatal accident. Others said they would struggle to fulfill their roles as fact-finders due to parenthood or connections with loved ones who have been affected by drunk driving before.

Judge Charles Zambito intervened in the tense discussion by reminding prospective jurors that to prove Serrano guilty beyond a reasonable doubt, they must rely on evidence that indicates she drove while intoxicated and, as a result, operated her vehicle in a manner that caused Lynskey’s death. 

Serrano is also charged with leaving the scene of personal injury accident without reporting it and aggravated unlicensed operation of her vehicle.

Reportedly, Serrano may have driven on Aug. 12 while aware that her New York driver's license was revoked by authorities, based on her refusal to submit to a chemical test.

She faces up to 14 years in prison if convicted.

Above all, Zambito urged jurors to set aside feelings while reaching a verdict, in his words, “based on laws and facts.”

Opening arguments will begin at 9:15 a.m. Tuesday in Genesee County Court.

Case of Le Roy man accused of larceny, drug charges to be heard in court in August

By Lauren Leone

Le Roy resident Robert Pragle (inset photo right), a man facing allegations of larceny and drug charges, is scheduled to be heard at 10:30 a.m., Aug. 21, in Genesee County Court.

During oral arguments in court today, Judge Charles Zambito continued Pragle under supervision of Genesee Justice until his hearing in August. 

Community tips and information from two suspects who allegedly participated in larcenies in the Town of Le Roy aided police in piecing together a case against four Le Roy residents who reportedly stole personal property with the intention of selling the items for drug money.

It is alleged that between Jan. 2-3 in Le Roy, Robert Pragle and three other suspected individuals knowingly possessed stolen property, which is a Class D felony.

Pragle is also accused of one count of criminal possession of a controlled substance 7th, a Class A misdemeanor; and one count of criminally using drug paraphernalia, 2nd, a Class A misdemeanor.

Photos: Medal of Honor press conference at the Pentagon

By Howard B. Owens

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Colin Fitts, a retired sergeant first class, says he is alive because of David Bellavia, the Batavia resident who will receive the Medal of Honor tomorrow in a ceremony at the White House.

On Nov. 10, 2004, Fitts and Bellavia and their men walked into an ambush in a house in Fallujah. Five insurgents had barricaded themselves in the house and didn't reveal their positions until after the platoon had entered. The platoon couldn't exit the house without exposing themselves to hostile fire. Bellavia commenced suppression fire allowing the men to escape.

Later, Bellavia reentered the house to try and finish the job because his men were still exposed to hostile fire from the insurgents in the house while they were on the street and single-handedly killed all of the insurgents in the house.

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David Bellavia

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Col. Douglas R. Walter, who was a company commander in Iraq and nominated Bellavia for the Medal of Honor in 2005, along with Maj. Joaquin Meno, who was a lieutenant in Bellavia's unit in Iraq, and Bellavia.

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Michael Ware, a journalist embedded Bellavia's unit, discusses what he witnessed Nov. 10, 2004. Ware entered the house with Bellavia and attempted to film the ensuing battle. Because he didn't have night vision goggles, he lost contact with David and when the house fell silent, Ware exited and said he had lost contact with "Sgt. Bell." Men from Bellavia's unit entered the house and by the time they located Bellavia he had already killed all of the insurgents in the house.

We'll have video from the press conference, along with interviews wiht Walter, Meno, and Fitts later.

Batavia 24U team remains unbeaten with 6-5 win over Lockport

By Billie Owens

Story by Dan McComb:

Casey Radka delivered a two-out RBI single in the bottom of the seventh to propel the Batavia 24U Blue Devils to a dramatic 6-5 win over Lockport Sunday night.

With two outs, Jerry Reinhardt singled, stole second and third base and came home on the Radka winner.

In the top of the seventh, with the score tied at 5-5, Burnie Jonis gunned down the potential game wining runner at home plate with a great throw from left field.

Ryan Mullen received the throw from Jonis from his catcher’s position to tag out the runner.

Trevor Sherwood went the distance on the mound, giving up 5 runs, however all of them were unearned.

The Blue Devils who entered the game committing only three errors all season, unfortunately, committed six errors but overcame the shaky defense with a win.

Trailing 2-0 in the bottom of the third inning, Josh Bradley singled and went to third on a Dion Rosalina double. Bradley would later score on a wild pitch.

Trailing 3-1 in the bottom of the fourth, Radka led off with a walk and went to third on a Zeke Lynn double.

Both runners would score on ground outs by Mullen and AJ Marcello to tie the score at 3 after four innings.

Batavia moved ahead in the bottom of the fifth inning, 5-4. Jonis doubled and came around to score on a Rosalina double.

Lockport tied the game in the top of the seventh inning at 5, setting up the dramatic two-out single by Radka to give Batavia the 6-5 win.

Trevor Sherwood won his second game for the Blue Devils, going the distance and striking out 10.

Batavia’s next game is against the 3-1 Blue Wahoos on Tuesday night (June 25) at home at Genesee Community College.

FYI: Bourbon & Burger Co. to close for remodeling July 1-4

By Billie Owens

Bourbon & Burger Co. would like to let everyone know that the restaurant will be closed for remodeling July 1-4.

The business will reopen and resume normal business hours on Friday, July 5.

They would like to thank all their loyal customers who have been supportive of them and helped them thrive.

City fire chief reminds residents of what kinds of fireworks are allowed by law

By Billie Owens

Press release:

As we approach the July 4th Independence Day holiday, Fire Chief Stefano Napolitano of the City of Batavia Fire Department would like to remind the residents of the City of what is allowed by law.

“We want to ensure that our residents enjoy the holiday in a safe and responsible manner,” Napolitano said.

The law enacted on Jan. 1, 2018, states that buying, selling, and using sparking devices (not fireworks) is only legal in the counties and cities that have not enacted a local law pursuant to section 405.00 of the Penal Law of New York.

These sparking devices are legal everywhere in the state except for in Bronx, Columbia, Kings, Nassau, New York, Queens, Richmond and Schenectady counties.

According to the New York State Division of Homeland Security and Emergency Services, "Sparking Devices" are considered, “ground-based or handheld devices that produce a shower of colored sparks andor a colored flame, audible crackling or whistling noise and smoke.”

Napolitano also stated, “These sparkling devices can only be bought and sold from June 1st to July 5th and from Dec. 26th to Jan. 1st in any given year.”

Furthermore, the law states that “Sales of sparklingdevices by certified temporary stands or tents can only occur from June 20th to July 5th and Dec. 26th to Jan. 1st in any given year.”

According to Napolitano, allowable sparkling devices under the law are sparkling fountains, sparklers on wooden sticks (not metal sticks), smoking devices, snakes confetti-filled party poppers and paper-wrapped snappers.

Non-allowable and illegal devices include firecrackers, bottle rockets, roman candles and any other aerial devices.

Lastly, Napolitano said,” It is important to take the necessary fire safety precautionary steps when usingthese devices. Last year there were a reported 12,900 fireworks-related injuries (in the United States)."

If any resident has questions regarding what is allowable or would like information regarding safety precautions, they can call the City of Batavia Fire Headquarters at 585-345-6375.

Pregnant female trapped in car wedged in trees at Pavilion intersection

By Billie Owens

An accident is reported in Pavilion at 1200 South Street Road, near Telephone Road.

A car is wedged in trees and a pregnant woman is unable to exit.

A second vehicle is roadside.

The accident is partially blocking traffic.

Pavilion fire and Mercy medics are responding along with State Police.

Darien ambulance is also called to respond.

One lane of traffic will be closed.

UPDATE 4:17 p.m.: The female was extricated and transported to a hospital for evaluation. The roadway is reopened. The assignment is back in service.

Rochester man charged with drug use and possession enters not guilty plea

By Lauren Leone

Derek E. Wilcox, of Congress Avenue, Rochester, (inset photo right) pled not guilty in Genesee County Court today of drug charges against him.

At his arraignment, his attorney Marshall Kelly said his client pleads not to: criminal possession of a controlled substance, 3rd, a Class B felony; and criminal use of drug paraphernalia, 2nd, a Class B misdemeanor.

On March 27, law enforcement allegedly found 56 bags of crack cocaine at a house on Liberty Street, Batavia. Wilcox was one of five individuals arrested as a result a joint investigation a result of a joint investigation by the Probation Department, Child Protective Services, and the Local Drug Task Force.

Wilcox’s $20,000 bail bond was also continued by Judge Charles Zambito.

Oral arguments for Wilcox's case will begin at 9 a.m. Aug. 26 at the Genesee County Courthouse.

Gary Scott Scholarship celebrates 50-year legacy of fallen soldier from Le Roy

By Lauren Leone

One deserving Le Roy Jr./Sr. High School senior will become the recipient of the Gary Scott Scholarship this Thursday, which will mark the 50th year of commemorating the life of this American hero.  

The namesake scholarship originated five decades ago in memory of Scott, who was a Le Roy native, distinguished ROTC graduate in Syracuse and Army lieutenant.

When Scott was presented with a choice of which branch of the Army he would join, he challenged himself to enter the infantry.

Scott felt this dangerous assignment would be worthwhile because he could prove himself to be an African American role model who created leadership opportunities for others.

Sadly, at age 22, Scott was killed in action during the Vietnam War when he sacrificed his life to save a fellow soldier.   

Scott’s Syracuse University classmates and friends established a scholarship fund at Le Roy High School to honor Scott’s memory and encourage graduates to embody Scott’s ambition, courage and dedication.

“What inspires me to keep this on and have for 50 years is that we want to give back ... to the Le Roy community that’s embraced the Scott family and to give back to the students that receive the award and inspire them,” said Jim Bruen, a founder and lead coordinator of the scholarship fund.

Previous award recipients, Scott’s high school and university classmates, friends and family members are coming from across the country to celebrate Scott’s story together. This year, $8,000 will be awarded to a new scholarship recipient.

To set the 50th year of this scholarship apart, Le Roy Jr./Sr. High School will host a dinner in Scott’s name in the school cafeteria at 5:30 p.m Thursday (June 27).

The scholarship will be presented afterward at the annual awards ceremony, which begins at 7 p.m. in the high school auditorium.

Bruen said, “Seeing the kids that come back that have received this award, it’s a very rewarding night for me and for others. It clearly encourages us to continue to do it.”

Bruen said that he and others who were close to Scott are comforted by the thought that the award recipients will achieve great things in the spirit of the local hero.

“Looking forward, I would like this scholarship to go on for another 50 years," Bruen said. "In order to do that, I would cherish and appreciate funding to the scholarship at the Le Roy High School. That way we can keep the message, the passion and the mission going.”

The scholarship founders are seeking additional support from the Le Roy community in order to fund the award in future years.

Bruen said that past award recipients and prospective donors are welcome to contact the high school for more information about the dinner, award ceremony and the Gary Scott Scholarship.

Le Roy Jr./Sr. High School is located at 9300 South Street Road, Le Roy. Phone is (585) 768-8131. Website is here.

Photos of Gary Scott provided by Rebecca LeClair.

Job Fair July 23 at One Stop Career Center, Batavia, prep for it with July 18 workshop

By Billie Owens

Press release:

Genesee County Job Development Bureau is hosting a Job Fair from 2 to 4 p.m. on Tuesday, July 23, at the One Stop Career Center, 587 E. Main St., Eastown Plaza, Suite 100, Batavia.

No RSVP or fee is required – just show up on July 23rd, dressed professionally, bring plenty of resumes, and put your best foot forward!

Whether you are hoping to find a fresh start, a better job, or a new career direction; job seekers will find a wealth of exciting opportunities at the Job Fair.

“We are excited to partner with the GLOW Workforce Development Board and NYS Department of Labor to bring employers and job seekers together," said Teresa Van Son, director of the Genesee County Job Development Bureau.

Local employers will be here, from a variety of industry sectors, eager to hire for immediate openings in a wide range of fields. The job fair is open to the entire community.

“This opportunity connects workers with great employers looking to hire," Van Son said. "In line with our mission to help people discover their potential and support them in reaching their career goals and prosperity; while assisting businesses by providing driven and trained candidates to fill their needs, this job fair is a great way to connect face-to-face with employers."

Come prepared by attending our Job Fair Success Workshop on July 18th at 1:30 p.m. (call 344-2042 to register).

Learn how to make the most of a job fair and turn it into a job offer! This workshop gives you the tips you need to stand out from other job seekers, “sell” your skills, and make the connections to land jobs that may not have even been advertised yet.

Make your time with potential employers count for you – know how before you go to your next job fair!  

For more information, please contact the Genesee County Career Center, at 585-344-2042 or jdb@co.genesee.ny.us

Mark Your Calendar: Third annual Tap Batavia is July 27, deadline to buy tickets is June 30

By Billie Owens

From Tap Batavia Chair Erin Worbs:

The third annual Tap Batavia is set for 1 to 5 p.m. on Saturday, July 27, in Downtown Batavia, hosted by the Batavia Area Jaycees.

Tickets are $35 and the deadline to buy them is June 30.

Each ticket includes a Tap Batavia T-shirt, one beer ticket each at: Bourbon & Burger Co.; Center Street Smokehouse; Eli Fish Brewing Co., T.F. Brown's Restaurant; O'Lacy's Irish Pub. The price also includes pizza and wings donated by T.F. Brown's and Center Street Smokehouse.

Designated driver tickets are $10, and everything is included but the beer tickets.

A portion of the proceeds benefits Crossroads House.

Tickets can be purchased by cash or check given to any current member of the Batavia Area Jaycees, or by paying through Venom to @Erin-Worbs.

The Facebook event page for it can be found here: https://www.facebook.com/events/431218950791694/

Contact tapbatavia@gmail.com with any questions, or to set up a time to meet to pay for tickets with cash or check.

Photos: John Kennedy School fourth-grade moving up ceremony

By Steve Ognibene

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More than 170 fourth-grade students from John Kennedy Intermediate School celebrated Moving Up Day as they will enter in the Middle School this coming school year in September.

Principal Amanda Cook presented along with teachers for various academics, merit, arts, physical education and school based awards to students. Many parents, educators, family and friends celebrated today's ceremony.

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FOUND: Big and brawny 'Giovanni' is missing from area around Liberty and South Jackson streets, Batavia

By Billie Owens

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A big bull-mastiff-type dog named "Giovanni" is missing. He became lost this afternoon in the vicinity of Liberty and South Jackson streets in the City of Batavia.

The owner, devoted reader Bernie Thompson, emplores citizens -- "DO NOT CHASE." We're guessing that to do so with this large, hunky charcoal-brindle-coated canine would be to risk possible injury, if not, daresay, worse.

He is most assuredly male, neutered, and microchipped. Giovanni was last seen wearing a robin's-egg-blue collar and leash.

If found, or if you have information about him, call 813-3087.

His left front paw, curiously, has two middle toes that have white tips. And he has a small white patch on his stout chest.

UPDATE June 24: This morning owner Bernie Thompson reported Giovanni is home safe and sound!

BHS commencement encourages lifelong service in graduates

By Lauren Leone

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Batavia High School's 137th commencement occurred this afternoon at Genesee Community College in the Richard C. Call Arena.

Valedictorian Julia Spiotta (pictured below) encouraged members of the Class of 2019 to “fall forward” into their future endeavors in the face of both adversity and success.

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She left this message with her class:

“Whatever we did over these years, we did it together knowing that the Class of 2019 was united, which is something I believe is very special about us.

“I’d like to thank you, members of the Class of 2019, for making high school so memorable. Today — June 23, 2019 — has been a day that we have all eagerly anticipated. Now that it is finally here, it is a very bittersweet day.”

During her speech, Salutatorian Tracy Lin remarked:

“Although we physically will no longer be in BHS, I have no doubt that each one of us will always carry in their memories the laughs, achievements, classes, sporting events and the homecomings we’ve experienced as a class."

Commencement speaker Mark Warren, a mathematics teacher at BHS, said: “A life of service is not always easy, which is why it must be a conscious decision. You have to be the person that decides to live your life in the service of others … It’s time to commence your life of service."

Loud applause filled the arena as graduate Antwan Odom, who was approved to attend commencement alongside his classmates, received his diploma.

Presentation of awards and diplomas was given by Paul Kesler, principal of BHS; Patrick Burk, president of the Board of Education; and Christopher Dailey, superintendent of schools. Sunday’s commencement was Dailey’s last BHS graduation prior to departing for his new superintendent position at Gates Chili Central School District.

To view or purchase photos go to steveognibenephotography.com or click here.

Below, Salutatorian Tracy Lin.

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Three-vehicle collision is blocking traffic on Clinton Street Road, Batavia

By Billie Owens

A three-vehicle collision is reported in the area of 5141 Clinton Street Road. It is blocking traffic and there is a lot of debris in the roadway. Minor injuries. The location is between Collegeview Drive and Shady Lane.

Town of Batavia Fire Department and Mercy medics are responding.

Law and Order: Wyoming woman charged with reckless endangerment after near-drowning of 4-year-old

By Billie Owens

Crystal Lynn Kiebzak, 37, of Main Street, Wyoming, is charged with second-degree reckless endangerment. On June 22 at a campground on Francis Road in Bethany, Kiebzak was arrested at 7:35 p.m. following the investigation of a child who was resuscitated after drowning in a pool. She was arraigned in Bethany Town Court and issued an appearance ticket for 7 p.m. July 16 in Bethany Town Court. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Kyle Krzemien.

David George Morgan, 65, of Roanoke Road, Stafford, is charged with second-degree menacing. He was arrested at 6:56  p.m. on June 20 on Roanoke Road in Stafford. It is alleged that he intentionally placed an individual in reasonable fear of physical injury, serious physical injury or death by displaying a dangerous instrument -- a screwdriver. He was arraigned in Stafford Town Court and released under supervision. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Sgt. Andrew Hale.

Duane Kenneth Miller, 54, of Linwood Avenue, Warsaw, is charged with illegal use of toxic vapors. Following an investigation into a subject allegedly huffing in the Walmart parking lot in Batavia, Miller was arrested at 12:45 p.m. on June 21. He was released on an appearance ticket and is due in Batavia Town Court on July 8. The case was handled by Genesee County Sheriff's Deputy Kevin Forsyth, assisted by Deputy Ryan Young.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
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