Story by Dylan Smith, editor and publisher of the Tucson Sentinel.
Photos by Howard Owens.

David Bellavia, a Batavia resident, on Tuesday, became the first living veteran of the Iraq War to receive the Medal of Honor, as President Donald Trump presented the award in a ceremony at the White House.

Trump said it was his "privilege to award the highest military honor to an American soldier who demonstrated exceptional courage to protect his men and defend our nation."

Bellavia was recognized for his valor in the Second Battle of Fallujah, a nearly two-month urban combat offensive in late 2004, in which more than 10,000 U.S. troops struggled to gain control of a dense city that had held some 350,000 people, but was then populated mostly by 3-4,000 heavily fortified insurgent forces.

Bellavia, now 43 years old, was a U.S. Army staff sergeant during that battle. On his 29th birthday, Nov. 10, 2004, his platoon was clearing a block of a dozen buildings that were occupied by Iraqi insurgents who were firing at U.S. troops.

"For three days straight, David and his men kicked down doors, searched houses, and destroyed enemy weapons, never knowing where they would find a terrorist lurking next. And there were plenty of them," Trump told a packed White House ceremony.

In presenting the nation's top military honor, Trump noted Bellavia's "extraordinary courage... selfless service... and carrying on the legacy of American valor."

During a house-to-house search, the soldiers of Company A, Task Force 2-2, 1st Infantry Division, encountered fierce resistance — a not unfamiliar situation for his unit; 37 people from his brigade died that year.

"A very dangerous operation," Trump said Tuesday. "They entered house after house, and secured nine of the buildings. Then came the 10th. That was a tough one. It was a three-story building surrounded by a nine-foot wall. As they entered the house and moved into the living room, two men were behind concrete barricades. They opened fire on David and everybody."

"In the dark of night, shards of glass, brick, and plaster flew into the air, wounding multiple soldiers. The rounds of fire ripped holes into the wall separating the Americans from the terrorists. The wall was ripped to shreds. David knew they had to get out. David thought that they had had it. He leaped into the torrent of bullets and fired back at the enemy without even thinking," the president said.

"He provided suppressive fire while his men evacuated, rescuing his entire squad at the risk of his own life. Only when his men were all out did David exit the building."

From the citation for Bellavia's Silver Star:

At this point, Sergeant Bellavia, armed with an M249 SAW gun, entered the room where the insurgents were located and sprayed the room with gunfire, forcing the jihadists to take cover and allowing the squad to move out into the street. Jihadists on the roof began firing at the squad, forcing them to take cover in a nearby building. Sergeant Bellavia then went back to the street and called in a Bradley Fighting Vehicle to shell the houses.

After this was done, he decided to reenter the building to determine whether the enemy fighters were still active. Seeing a jihadist loading an RPG launcher, Sergeant Bellavia gunned him down.

A second jihadist began firing as the soldier ran toward the kitchen and Bellavia fired back, wounding him in the shoulder. A third jihadist began yelling from the second floor. Sergeant Bellavia then entered the uncleared master bedroom and emptied gunfire into all the corners, at which point the wounded insurgent entered the room, yelling and firing his weapon.

Sergeant Bellavia fired back, killing the man. Sergeant Bellavia then came under fire from the insurgent upstairs and the staff sergeant returned the fire, killing the man.

At that point, a jihadist hiding in a wardrobe in a bedroom jumped out, firing wildly around the room and knocking over the wardrobe. As the man leaped over the bed he tripped and Sergeant Bellavia shot him several times, wounding but not killing him.

Another insurgent was yelling from upstairs, and the wounded jihadist escaped the bedroom and ran upstairs. Sergeant Bellavia pursued but slipped on the blood-soaked stairs. The wounded insurgent fired at him but missed. He followed the bloody tracks up the stairs to a room to the left. Hearing the wounded insurgent inside, he threw a fragmentary grenade into the room, sending the wounded jihadist onto the roof.

The insurgent fired his weapon in all directions until he ran out of ammunition. He then started back into the bedroom, which was rapidly filling with smoke. Hearing two other insurgents screaming from the third story of the building, Sergeant Bellavia put a choke hold on the wounded insurgent to keep him from giving away their position. The wounded jihadist then bit Sergeant Bellavia on the arm and smacked him in the face with the butt of his AK-47.

In the wild scuffle that followed, Sergeant Bellavia took out his knife and slit the jihadist's throat. Two other insurgents who were trying to come to their comrade's rescue fired at Bellavia, but he had slipped out of the room, which was now full of smoke and fire. Without warning, another insurgent dropped from the third story to the second-story roof.

Sergeant Bellavia fired at him, hitting him in the back and the legs and causing him to fall off the roof, dead. At this point, five members of 3rd Platoon entered the house and took control of the first floor. Before they would finish off the remaining jihadists, however, they were ordered to move out of the area because close air support had been called in by a nearby unit.

"Alone, in the dark, David killed four insurgents and seriously wounded the fifth, saving his soldiers and facing down the enemies of civilization," President Trump said at Tuesday's ceremony.

"Here with us today are 32 American service members who fought with David in Iraq, including 12 who were with David on that very, very horrible and dangerous November night."

Also present were eight previous recipients of the Medal of Honor, and five Gold Star families — relatives of Bellavia's brothers in arms who were killed in combat.

Bellavia was born in Albion and lives in Batavia. His father William died last year. His grandfather, Joseph Brunacini, age 99, was awarded a Bronze Star for his actions during the Normandy campaign in World War II, and was watching Tuesday's ceremony via video at his home in Jamestown, N.Y.

"America is blessed with the heroes and great people like Staff Sergeant Bellavia whose intrepid spirit and unwavering resolve defeats our enemies, protects our freedoms, and defends our great American flag," Trump said. "David, today we honor your extraordinary courage, we salute your selfless service, and we thank you for carrying on the legacy of American valor that has always made our blessed nation the strongest and mightiest anywhere in the world."

Medal of Honor citation:

The President of the United States of America, authorized by Act of Congress, March 3rd, 1863, has awarded in the name of Congress the Medal of Honor to Staff Sergeant David G. Bellavia, United States Army, for conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty.

Staff Sergeant David G. Bellavia distinguished himself by acts of gallantry and intrepidity above and beyond the call of duty on November 10, 2004, while serving as squad leader in support of Operation Phantom Fury in Fallujah, Iraq.

While clearing a house, a squad from Staff Sergeant Bellavia’s platoon became trapped within a room by intense enemy fire coming from a fortified position under the stairs leading to the second floor. Recognizing the immediate severity of the situation, and with disregard for his own safety, Staff Sergeant Bellavia retrieved an automatic weapon and entered the doorway of the house to engage the insurgents.

With enemy rounds impacting around him, Staff Sergeant Bellavia fired at the enemy position at a cyclic rate, providing covering fire that allowed the squad to break contact and exit the house.

A Bradley Fighting Vehicle was brought forward to suppress the enemy; however, due to high walls surrounding the house, it could not fire directly at the enemy position. Staff Sergeant Bellavia then reentered the house and again came under intense enemy fire. He observed an enemy insurgent preparing to launch a rocket-propelled grenade at his platoon. Recognizing the grave danger the grenade posed to his fellow soldiers, Staff Sergeant Bellavia assaulted the enemy position, killing one insurgent and wounding another who ran to a different part of the house.

Staff Sergeant Bellavia, realizing he had an uncleared, darkened room to his back, moved to clear it. As he entered, an insurgent came down the stairs firing at him. Simultaneously, the previously wounded insurgent reemerged and engaged Staff Sergeant Bellavia. Staff Sergeant Bellavia, entering further into the darkened room, returned fire and eliminated both insurgents. Staff Sergeant Bellavia then received enemy fire from another insurgent emerging from a closet in the darkened room.

Exchanging gunfire, Staff Sergeant Bellavia pursued the enemy up the stairs and eliminated him. Now on the second floor, Staff Sergeant Bellavia moved to a door that opened onto the roof. At this point, a fifth insurgent leaped from the third-floor roof onto the second-floor roof. Staff Sergeant Bellavia engaged the insurgent through a window, wounding him in the back and legs, and caused him to fall off the roof.

Acting on instinct to save the members of his platoon from an imminent threat, Staff Sergeant Bellavia ultimately cleared an entire enemy-filled house, destroyed four insurgents, and badly wounded a fifth. Staff Sergeant Bellavia’s bravery, complete disregard for his own safety, and unselfish and courageous actions are in keeping with the finest traditions of military service and reflect great credit upon himself and the United States Army.

Bellavia, who has hosted a local radio talk show and run for office as a Republican, is the author of "House to House," which recounts his experiences in the Fallujah battle.

He left the Army in 2005, after six years of service. During his yearlong deployment in Iraq, his unit took part in the battles of Najaf, Mosul, Baqubah and Muqdadiyah, as well as the fight for Fallujah.

"Listen, you know I'm not going to pretend to write -- the narrative of the Iraq war is well established -- but the Iraq veteran has nothing to apologize for. The Iraq veteran has served with the same, in the finest traditions of any other generation at war," Bellavia said in an interview with The Batavian earlier this month.

"I can't tell you that looking back and seeing how a lot of people tend to look at the valor of a generation and say well are these good wars or bad wars. Iraq veterans are walking around with chips on their shoulder because they're regarded as part of the bad war, the war of choice, the war that was based on bad intelligence, and you know we're free to think and decide whatever you want," said Bellavia, who co-founded the advocacy group Vets for Freedom after he left the military.

"I think the narrative is written on that. But I would just caution us to not make the veteran feel the weight of that. I don't think it's their responsibility. Ninety-nine percent of these men and women served with honor and distinction and we really shouldn't have to apologize for where our nation sends us to fight."

"You know, I never saw the enemy as people. I think, now, when I have, when you have children, you think you know, obviously, you want your guys, America, the good guys, to be OK. But I also think back to, I don't want the enemy's children to take the road that their dads took. I don't want my kids to be fighting in conflicts with another generation," he said.

"What are the things that we can do, especially when it comes to acknowledging that a lot of people think that war guys, veteran guys are pro-war, that we love this. You know, we're pretty anti-war. I mean, I don't know of any veteran that you've talked to that is like, 'this is the greatest thing in the world,' " he said.

"We're violently anti-war but with the goal, the end state is that we won't do this anymore. I mean, if you would've told me that I would join the Army because my sons and daughter would also get to have this experience, I never would have done it. It's not worth it. You fight so that it stops here and it doesn't continue. And it would be heartbreaking to know that this is going to go on for another 25 years."

Bellavia's awards and decorations include: the Medal of Honor; Silver Star; Bronze Star; Army Commendation Medal with Oak Leaf Cluster; Army Achievement Medal with Oak Leaf Cluster; Army Good Conduct Medal with Bronze Clasp and two Loops; the National Defense Service Medal; Kosovo Campaign Medal with Bronze Service Star; New York State’s Conspicuous Service Cross; the Global War on Terrorism Expeditionary Medal; the Global War on Terrorism Service Medal; the Noncommissioned Officer Professional Development Ribbon with Numeral "2"; the Army Service Ribbon; Overseas Service Ribbon with Numeral "2"; the Presidential Unit Citation; Combat Infantryman Badge; Driver and Mechanics Badge; and the NATO Medal.

PUBLISHER'S NOTE: Dylan Smith is one of my local online news publishing colleagues. He knew how busy I have been in Washington, D.C., that he volunteered -- without being asked -- and wrote this story for The Batavian.

Top photo: David Bellavia's son, Aiden, examines the Medal of Honor around his father's neck during a reception at the White House following the awards ceremony.

Bellavia and Michael Ware.

David Bellavia and longtime friend Michael Caputo.

Congressman Chris Collins chatting with Michael Caputo.

Michelle McCulloch, in the white dress, who is from Wyoming County, and her daughters and son-in-law.

Sgt. John Badger takes a selfie with David Bellavia.

Kelly Ann Conway chats with Medal of Honor recipient James McCloughan.

David Bellavia and Gen. Ken Chrosniak (retired).

Col. Douglas Walter, Bellavia's second commander in Fallujah, takes a photo in the White House for some fellow guests.

At the end of the reception, the buffet room was cleared of all guests and David finally had a chance to grab a bite to eat.

Maj. Joaquin Meno, who was a lieutenant in Iraq, and commander of Bellavia's platoon.

Military photographer Sgt. Kevin Roy with Bellavia. Roy has arguably been the hardest working man tasked to Medal of Honor support over these four days of ceremonies, events, and tours. His job has been to be at Bellavia's side constantly, taking hundreds of photos all day and then returning to his computer to process the photos before going bed every night.

Sgt. John Bandy examines Bellavia's Medal of Honor after Bellavia and his guest returned to the hotel.

Sgt. Jonathan Gibson salutes David Bellavia.

Lincoln's bust in the White House.

Attorneys spent more than an hour hashing out details this afternoon with Candace Gilden about the moments before, during and after she rode with an alleged drunk driver the night of a hit-and-run accident in Darien that killed 18-year-old Connor Lynskey last August.

Passenger Gilden, driver Jennifer Serrano and pedestrian Lynskey had all departed a Jason Aldean concert on Aug. 10 at Darien Lake Performing Arts Center intending to safely to go to their destinations. 

Gilden, a 41-year-old former Derby resident, was a passenger in her friend Serrano’s Jeep Wrangler when Serrano unknowingly struck Lynskey on Sumner Road.

New evidence came to light in Genesee County Court today as Gilden was called upon by District Attorney Lawrence Friedman to recount her perception of that fateful night during direct examination.

She said that earlier in the afternoon of Aug. 10, she and Serrano, a 48-year-old resident of Irving, met up and consumed one alcoholic beverage each prior to purchasing more alcohol at Tops Friendly Market in Derby.

Serrano and Gilden packed coolers containing the beverages and traveled to a friend’s house on Route 77 near Darien Lake. There, they continued to drink as they set up a tent outside to sleep in after the concert.

The women drank in the Darien Lake parking lot, throughout the Aldean performance, and at an on-site after-party. Gilden testified that Serrano was behaving normally as they consumed alcohol. 

As the women walked to Serrano’s vehicle, Serrano insisted that she was OK to drive back to the friend’s house on Route 77. In the midst of traffic after the concert, and having a lack of familiarity with the area, the women became lost while driving down Sumner Road.

Gilden said she attempted to find their location on Google Maps and, therefore, was focused on her phone screen as Serrano drove on the dark road. 

Serrano reportedly turned around on Sumner Road in order to drive in the direction of Route 77. Gilden noticed that a crack in the windshield had formed and the right exterior rear-view mirror had been pushed toward the passenger door. Gilden maintained she did not see, hear or feel anything that could have caused the damage throughout her testimony.

Gilden then asked Serrano what had happened and, after getting no answer, turned down the loud music that was playing and asked again. Serrano responded that they needed to drive to her friend’s house.

The women continued driving without stopping to check the damage to the vehicle.

About 30 minutes later, Deputy Robert Henning pulled over Serrano after a near collision with his patrol vehicle and charged her with drunk driving when she reportedly failed field sobriety tests. Gilden later posted Serrano’s $1,000 bail at Genesee County Jail. 

After refueling her Jeep at a gas station on Route 77, Serrano allegedly drove her vehicle without a driver's license, which had just been revoked by the police due to her performance on the sobriety tests.   

The women returned to the area surrounding Sumner Road on Aug. 11 in an attempt to find where the vehicle sustained damage with little success.

Gilden testified that she felt physically ill that evening when she received news that Lynskey, of Hinckley, had been killed on Sumner Road in the early hours of Aug. 11. Gilden described the surprised expression on Serrano’s face upon relaying the information to her.

On Aug. 12, Gilden gave a statement to Genesee County Sheriff's deputies about her understanding of the situation. Serrano was charged with vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated, and aggravated unlicensed operation of a motor vehicle.

On cross examination, defense attorney Frank LoTempio debated whether jurors should trust Gilden’s interpretation of Serrano's behavior and actions as well as the accident, since Gilden admitted she was impaired by alcohol on Aug. 10 and 11.

Gilden also maintained that her attention was diverted to her phone at the time of the collision, so LoTempio argued it is difficult for her to know if Serrano drove in an erratic manner.

LoTempio fired a crucial line of questioning at Gilden about whether the vehicle struck something or if something hit the vehicle on Sumner Road. This argument — that Lynskey may have tripped into Serrano’s vehicle due to the poorly lit road and his 0.16 blood alcohol content — is the question that defense counsel also begs of jurors.

The trial will draw nearer to that answer at 1 p.m. Wednesday in Genesee County Court.

A two-car accident with injuries is reported at 1 College Road, in front of Genesee Coummunity College.

Town of Batavia Fire Department and Mercy medics are responding.

UPDATE 6:43 p.m.: Law enforcement is on scene.

UPDATE 6:47 p.m.: Two flatbed tow trucks are called in.

KNOW YOUR RIGHTS! You have a right to safe workplace. Federal laws state that your employer must provide a work area with no known health or safety hazards. You also have the right to: 

• Be protected from toxic chemicals
• Request an OSHA inspection, and talk with the inspector
• Be trained in a language you understand
• Work on machines that meet safety regulations
•  See copies of the workplace injury and illness log
•  Get copies of test results done to find hazards in the workplace
•  Be provided required safety gear, including but not limited to: Hardhat, gloves and harness
•  Report an injury or illness, and get copies of your medical records If you or someone you know has been injured or fallen ill due to unsafe work conditions. 

Call Dolce Panepinto at 716-852-1888 immediately. We understand how life-altering a work injury can be, and we are here to help.

Medal of Honor recipient Army Staff Sgt. David Bellavia, right, shakes hands with another Medal of Honor recipient, Ret. Col. Walter Joseph Marm Jr. They are at a post-ceremony reception at the White House.

"Joe" Marm served in the Army from 1965 to 1995. On Dec. 19, 1966, he was given the Medal of Honor for his actions in the Battle of la Drang on Nov. 14, 1965 during the Vietnam War.

At the time, he was a second lieutenant and platoon leader of the 2nd Platoon, A Company, 1st Battalion, 7th Cavalry Regiment, 1st Calvary Division (Airmobile). He is credited with single-handedly destroying an enemy machine gun position and several of its defenders, suffering severe wounds in the process.

For more information about Joe Marm, click here and here.

Here's a video of the just-concluded Medal of Honor ceremony at the White House for Staff Sgt. David G. Bellavia.

Details about the events surrounding the fatal Darien hit-and-run last August are emerging as opening statements and first witnesses are heard in the case of 48-year-old Jennifer L. Serrano.

Today is the first trial day for Irving, Chautauqua County, resident.

During his opening remarks, District Attorney Lawrence Friedman informed jurors of: the basic overview of the accident; some of the individuals they can expect to hear from throughout court proceedings; and a brief account of the actions taken by both the victim, 18-year-old Connor Lynskey, and the defendant in connection to the accident.

Friedman explained to jurors the four counts Serrano is charged with: second-degree vehicular manslaughter, which, as a result of alleged intoxication, caused Serrano to drive her Jeep in a manner that killed Lynskey; leaving the scene of an accident without reporting it; driving while intoxicated; and aggravated unlicensed operation of a motor vehicle.

Defense attorney Frank LoTempio delivered his opening statement next. He said that defense counsel does not intend to argue that Serrano did not drink and drive, nor that her vehicle did not strike Lynskey and cause his death.

However, LoTempio maintained that the tragedy may not have resulted from Serrano’s reported intoxication, and that Lynskey’s 0.16 BAC at the time of his death may have led him to walk into Serrano’s traffic lane. 

LoTempio encouraged jurors to pay close attention to evidence of Serrano’s conduct as she was questioned by officers at the time of her arrest, the darkness of the accident scene, and the accident reconstruction information that is expected to arise later in the trial.

The prosecution called its first witness, Dr. Nadia Granger, who performed Lynskey’s autopsy at the Monroe County Office of the Medical Examiner. She told the court that Lynskey endured injuries to his right shoulder, facial bones, skull and brain. These injuries are consistent with his cause of death, which is multiple blunt force injuries, and the damage sustained by the right side of Serrano’s vehicle.

The prosecution also brought forward Hunter Richard, a longtime friend of Lynskey’s who also attended the Jason Aldean concert at Darien Lake Performing Arts Center on Aug. 10 with Lynskey.

Richard recounted the events that occurred on Aug. 10 and 11 and his rationale for walking along Sumner Road in Darien as he and his friends returned to Darien Lakes State Park campground. 

Richard testified that Lynskey was behaving normally as they walked to the campsite, so impairment by alcohol was not a factor in Lynskey's death in his opinion.

LoTempio challenged Richard’s account of his proximity to the roadway, the collision sound heard by the teens, and the safety measures taken the night of the accident.

Both counsels will call more witnesses and introduce new evidence to the jurors as the trial proceeds this afternoon and throughout the week.

Four free movies will be shown outdoors this summer behind the Gillam Grant Community Center in Bergen.

Bring a chair or blanket. Movies begin at dusk. Concessions will be available.

Here's the lineup:

• July 12 -- Disney’s "Mary Poppins Returns," sponsored by Rochester Regional Health and GO ART!
• July 18 -- "Instant Family"
• July 26 -- "Fantastic Beasts – The Crimes of the Grindelwald"
• Aug. 1 -- "The Rocky Horror Picture Show," sponsored by GO ART!

Dates may change due to weather. Movies scheduled are subject to availability.

Gillam Grant Community Center is located at 6966 W. Bergen Road. Phone is 494-1621.

Sponsored by GO ART! and Rochester Regional Health.

A caller to dispatch reports a poodle is locked inside a Chevy Avalanche pickup truck in the Walmart parking lot. The windows are down about an inch. An animal control officer is responding.

Press release:

DARIEN CENTER -- The Kingdom Bound Festival, one of the nation’s largest and longest-running Christian music festivals, is set to return to Six Flags Darien Lake in Darien Center this summer, featuring a full slate of top Christian artists, including Crowder, for King & Country, and Skillet.

Joining the star-studded lineup for their first-ever appearances at the festival will be worship heavyweights Bethel Music and Passion Music.

The 33rd annual festival is set to take place July 28-31 with thousands of Christian music fans from across Western New York, Pennsylvania, Southern Ontario, Canada, and beyond expected to attend.

A limited number of on-site accommodations are still available, as well as full event and single day commuter passes.

All tickets include access to all festival activities as well as admission to Six Flags Darien Lake Theme and Water Park.

Kingdom Bound 2019 will featuremore than 50 artists and speakers from across the United States and Canada including headlining performances from GRAMMY® nominated multiplatinum rockers SKILLET, two-time GRAMMY® winners and longtime attendee favorites for King & Country, and worship veteran Crowder.

Joining them will be worship music pioneers Bethel Music and Passion Music, two of the leading worship groups in the country. They’ll be joined by American Idol finalist Danny Gokey, radio hitmakers Unspoken, and more.

Also joining the 2019 lineup are worship ensemble North Point InsideOut, along with Paul Baloche, We Are Messengers, I Am They, and Western New York’s own Brothers McClurg.

Other festival events include Kids programs for ages 4-8, Amped Tent for 9-12 year olds, a special morning program for high school students, and late night activities, including bonfires, dance parties, and movies.

The festival will also feature more than 40 inspirational seminars including: national communicator Reggie Dabbs; Kevin Lehman, Ph.D.; Ben Stuart; Carol McLeod and more.

Single-day tickets for the festival are $64 nd include admission to Six Flags Darien Lake Theme Park and Waterpark. Four-day festival passes including park admission are available for $154.

Tickets are available online at www.KingdomBound.org, by calling 716.633.1117, or in person at the Kingdom Bound office – 8550 Sheridan Drive, Williamsville.

About Kingdom Bound

Kingdom Bound Ministries produces one of the nation's leading Christian music festivals that has been in operation for more than three decades. With a focus on Biblical truth and a reputation for excellence in ministry, Kingdom Bound is more than a music festival, as they’ve tackled relevant subject matter such as depression, youth, the opioid epidemic, health and wellness, parenting, self-esteem, the influences of modern media, and a host of other contemporary topics.

Press release:

Independent Living of the Genesee Region (ILGR) will soon begin an ongoing Autism Support Group for adults age 18 or older with a disability on the autism spectrum, who are able to participate independently in a group.

Autism is an '"umbrella term" that includes a wide spectrum of neurodevelopmental disorders found statistically in 1 of 59 children, that affect socialization and communication.

FREE for the attendees, the Autism Support Group will be held from 3 to 4 p.m. on alternative Tuesdays, starting July 16 at ILGR’s office in the Crickler Executive Center, 319 W. Main St., Batavia.

The agendas for the gatherings will be determined by the participants and could include social activities like board games or bowling, getting training or professional development, or other pursuits they feel would be beneficial.

Participants must pre-register to attend; to sign up or get more information, please call David Dodge at (585) 815-8501, ext. 414, or email him at ddodge@wnyil.org.

Independent Living of the Genesee Region (ILGR) is a member of the Western New York Independent Living Inc. family of agencies that offers an expanding array of services to aid individuals with disabilities to take control of their own lives.

This morning David Bellavia, who will be awarded the Medal Honor in White House ceremony this afternoon, was given a guided tour of the Lincoln Memorial. The tour included access not typically provided to tourists, including a climb up several narrow flights of stairs to the rooftop.

When Bellavia arrived at the monument, Rochester newsman and author Bob Lonsberry (in Army T-shirt) asked to have his picture taken with him.

David Bellavia talking with Congressman Duncan Hunter, a former Marine who also fought in Fallujah. Hunter represents a district that covers the eastern part of San Diego County, including El Cajon (my former hometown).

Assemblyman David DiPietro, one of Bellavia's guests for the ceremony, takes a photo of the Washington Monument.

Evan and David Bellavia.

DiPietro and Michael Caputo.

Bellavia with a pockmark in one of the walls on the roof of the monument. During World War II a 50mm gunner thought he saw something suspicious at the Lincoln Memorial and fired a single shot.

Secretary of Interior David Bernhardt, Bellavia, and Hunter.

Bellavia talking with Bernhardt.

Bellavia and Hunter.

Bellavia with some of the men he served with: Lucas "Doc" Abernathy, Salam Ulzuhairi, Chuck Knapp, Bellavia, and Joe Swanson. Ulzuhairi was the translator for Bellavia's unit in Iraq. He recently became a U.S. citizen.

The chair of the Batavia Community Garden advisory board called into question City Council's policy decisions in light of a proposed amendment to the Batavia Municipal Code pertaining to residency requirements for new municipal employees.

Speaking during a public hearing at Monday night's City Council meeting at City Hall Council Chambers, Deborah Kerr-Rosenbeck spoke of a double-standard as she compared the rules that govern advisory board membership with the proposal to relax residency requirements for those who work for the City.

“It seems like talking out of both sides of our faces,” she said. “The Community Garden (at 12 MacArthur Drive, next to the Batavia Youth Bureau) was started by people who don’t live in the City. You need to be consistent in your policies.”

Kerr-Rosenbeck was referring to the fact that a couple members of the Community Garden advisory board had to give up their positions after it was discovered by City Manager Martin Moore that they were not City residents, which is in violation of the City Charter.

One of those members is Robert Gray, a Batavia native who moved to Stafford in 1996. He was a cofounder of the Community Garden in 2011 and has been instrumental in its success.

Gray, speaking after Kerr-Rosenbeck, said he was offended by his removal (he and Carol Boshart, of Corfu, since have been allowed to continue as nonvoting "advisory" members).

“I have put in over 100 hours per year as a volunteer and now I can’t be on the committee,” he said. “Really? Really?”

He pointed out that the group was unable to conduct official business on a couple occasions because it didn’t have a quorum (of voting members) and requested that City Council review its policy as it is “detrimental” to the City.

The public hearing was necessary since City Council wishes to amend the City Municipal Code pertaining to the residency of new municipal employees. Changes focus on expanding the geographical area around the city where new employees may live to include any adjacent town to Genesee County within six months of the date of conclusion of the probationary period for the City.

The employee also would be required to live within these areas for the duration of his or her employment.

City Attorney George Van Nest pointed out that City Council has the power to amend the Municipal Code, which governs employees, but has no authority when it comes to amending the City Charter, which covers volunteer boards.

Council President Eugene Jankowski noted that a Charter review is a separate, more extensive process, but it could be “something we might want to consider” as it is his hope to rectify the situation with the Community Garden advisory board.

Council Member Patti Pacino said she understood that the rules of the City Charter were drawn up by City residents, but disagreed with the outcome.

“I don’t like it,” she said.

(As an FYI, John Roach, of Batavia, who once served on the City Charter Commission, said that residency requirements were instituted for advisory boards because “we didn’t want people from Cheektowaga, for example, serving on our Zoning, Planning, Housing or Audit advisory boards. The Community Garden is a casualty of this.”)

Council Member John Canale said he was concerned over how the decision to remove Gray and Boshart was communicated to them, which prompted a response from Jocelyn Sikorski, Youth Bureau director and Community Garden coordinator.

“When Marty realized that two members lived outside of the City, we had a meeting with them to explain the circumstances, and made them both advisory members, liaisons,” she said. “This left two vacancies and changed their roles.”

Sikorski said both have been “key players” and noted that “we call Bob ‘the Almighty’ when it comes to the committee.”

The conversion then turned back to the proposed amendment to the City Municipal Code with Council Member Rose Mary Christian stating that employees should have a vested interest in the community and should live in the City or in Genesee County.

“In case we need them, if an emergency, they’re not so far away,” she said.

Jankowski said the amendment allowing for employees to live a few minutes outside the county is “kind of a compromise … which the department heads took into consideration.”

Public Works Director Matt Worth confirmed Jankowski’s view, noting that one employee lives in Attica – “the edge of where we are comfortable (to have employees live).”

This evening, David Bellavia, with his wife and family at his side, was honored in a reception attended by top Army leaders, previous Medal of Honor winners, and many of the men he served with in Iraq.

For the combat veterans in Washington to witness Bellavia receiving the Medal of Honor, it is the first time they've been together as a group since Iraq. The greetings were those of brothers, with great warmth.

Top photo: David Bellavia speaking with Leroy Petry, who received the Medal of Honor for his actions in Afghanistan in 2008 during Operation Enduring Freedom. Also pictured on the right, Medal of Honor recipient Gary Beikirch, who is from Rochester.

David Bellavia receives a pin from Sherwood Goldberg, a civilian aide to the Secretary of the Army.

David Bellavia and former CNN correspondent Michael Ware. While a CNN journalist, Ware was embedded with Bellavia's unit in Fallujah and witnessed Bellavia's actions on Nov. 10, 2004.

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.

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 8^th 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.

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.

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.