Suspected puppy abuser Brandon Joseph Welch was in Batavia City Court Tuesday afternoon for discovery and pretrial motions in his case.

The 23-year-old, who lived at an apartment on East Main Street in the city at the time of his arrest Oct. 18 (above photo), is charged with falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog -- all misdemeanors.

He was also charged with making a terroristic threat, a Class D felony, for allegedly threatening to shoot the next police officer who showed up at his home. The status of that charge is unclear because of difficulties the prosecution has had with getting two witnesses, who live out of the area, to travel to Batavia to testify.

That was why bail for the felony was moot at Welch's last court appearance Oct. 25 when City Court Judge Robert Balbick set Welch's bail at $5,000 cash or $10,000 bond solely on the misdemeanors.

At some point, Welch got out on bail; he sat with a buddy at the back of the gallery Tuesday until his case was called after 2:30 p.m. He stood with his private counsel Frank Ciardi before Judge Balbick; Welch was clad in a long-sleeved, medium-blue dress shirt and dark gray pants, his brown hair in a burr cut and beard neatly clipped.

Ciardi told the judge they would like the case "to come to a disposition" (rather than go to trial). 

First District Attorney Melissa Cianfrini said she is not sure of the terms or status of plea negotiations with District Attorney Lawrence Friedman and must confer with him about it.

"The sooner we can resolve this the better," Balbick said.

The next court appearance is set for 1:30 p.m. Tuesday, Jan. 29.

The emaciated 9.2-pound pit bull mix pup -- named "Opal" by the Volunteers for Animals at the shelter -- was found roadside by a Good Samaritan in Stafford on Oct. 4. Welch was arrested after a tip to police.

Opal was nursed back to health by vets and volunteers and subsequently adopted.

Three other animals in Welch's care were seized from his home -- a bearded dragon lizard and two other mixed-breed dogs.

Welch is not liable for vet and shelter bills for the animals because he forefeited ownership of them.

Previously:

City resident accused of threatening to shoot cops in case of starving, neglected pup

Suspected puppy abuser gets bail, forfeits pet ownership

The Batavia Players will hold their first blood drive from 10 a.m. to 3 p.m. on Saturday, Jan. 12, in the reception area of Harvester 56 Theatre, located at 56 Harvester Ave. in Batavia,

To schedule an appointment go online here and enter sponsor code 000489; or call Unyts at (716) 512-7940.

A photo ID is required to donate blood.

Press release:

The Genesee Community College History Club is excited to invite the public to the first Spring 2019 Historical Horizons Lecture Series event on Wednesday, Feb. 6, at 7 p.m. to hear Rozenn Bailleul-LeSuer, Ph.D., discuss the "Winged Jewels of the Nile."

Birds and bird imagery filled the world of the ancient Egyptians. Every fall, the arrival of millions of waterfowl in the delta marshes coincided with the Nile flood.

The Egyptians saw in these natural and cyclical events a symbolic reenactment of the moment of creation when, according to some versions of the myth, a divine goose laid an egg on the first mound emerging from the water. From this egg hatched the sun god, who flew high in the sky and created the other gods and humanity.

In addition to presenting how birds, from cradle to coffin, permeated most aspects of Egyptian society, Bailleul-LeSuer will discuss the work she has conducted and is pursuing on a selection of bird mummies held in museum collections.

Using medical imaging and scientific analyses to complement findings from ancient texts and artifacts, her research aims at shedding some additional light on the phenomenon of Sacred Bird Cults, in which these mummies played a significant role. With her expertise in this unique field of study, Bailleul-LeSuer has edited the book, "Between Heaven and Earth, Birds in Ancient Egypt," which was published by the Oriental Institute of the University of Chicago in 2012.

The lecture begins at 7 p.m. in room T102 of the Conable Technology Building, is free and open to the public. The other upcoming Historical Horizons Lectures scheduled on the first Wednesday of each month during the Spring 2019 Semester include:

• Wednesday, March 6: " 'Race' and the Dilemma of the New England Puritan: Intersections of Ideas and Identities" presented by Richard Bailey, Ph.D., associate professor of History at Canisius College and author of "Race and Redemption in Puritan New England" (Oxford 2014);
• Wednesday, April 3: "The Shadow of Slavery: Black Women and Political Mobilization during Reconstruction" presented by Justin Behrend, Ph.D., associate professor of History, SUNY Geneseo and author of "Reconstructing Democracy: Grassroots Black Politics in the Deep South after the Civil War" (University of Georgia Press, 2015.);
• Wednesday, May 1: "Military Campaigns of 1755 -- French and Indian War" presented by William Griffith, associate at the Gettysburg Foundation.

Joshua J. Dibble, 36, no permanent address, (inset photo, right) is charged with criminal possession of stolen property and third-degree burglary. Dibble was arrested and arraigned in Batavia City Court on Jan. 3. He allegedly burglarized a local business and stole about $6,000 worth of property. Bail was set at $10,000 cash or bond. He is due back in city court on Jan. 31. The case was handled by Batavia Police Officer Matthew Wojtaszczyk.

Ana M. Uribe, 25, of Willow Street, Batavia, (inset photo, left) is charged with three counts of falsely reporting an incident in the second degree, Class E felonies. Uribe was arrested on Jan. 2 following an investigation into an incident at Willow Group, 1 Elizabeth St., Batavia, which occurred at 9:53 a.m. on Nov. 30. On that date, the threat of an impending explosion was called into 9-1-1. Uribe was arraigned in Batavia City Court and is to reappear there Jan. 31. (No mention of bail status.) The case was handled by Batavia Police Officer Thad Mart, assisted by Officer Kevin DeFelice.

Patrick M. Viscuso, 54, of Vernon Avenue, Batavia, is charged with third-degree assault. He was arrested following an incident at 4:33 p.m. Dec. 18 on Evans Street in Batavia wherein he allegedly struck another person in the face, fracturing that person's jaw. He was due in city court on Jan. 8 to answer the charge. The case was handled by Batavia Police Officer Chad Richards.

Steven A. Barclay, 33, of Ellicott Street, Batavia, is charged with second-degree harassment. Barclay was located on Ellicott Street and arrested Jan. 7 following a domestic incident that occurred at 3:50 p.m. on Dec. 31 at an apartment on South Main Street in Batavia. Barclay was issued an appearance ticket and is due in Batavia City Court on Jan. 15. The case was handled by Batavia Police Officer Felicia DeGroot.

Carlton Beardsley, 24, of State Street, Batavia, and Salvatore Schwable, no age or address provided, are charged with petit larceny. At 1:17 p.m. on Dec. 31, the defendants were arrested after allegedly stealing two cans each of Four-Loko (an alcoholic beverage) from Sav-A-Lot. They were issued appearance tickets returnable to city court on Jan. 8 then released. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Lindsay Christopher.

Press release:

Today Congressman Chis Collins (NY-27) formally requested that his paychecks be withheld during the partial government shutdown. Along with withholding his pay, Collins has cosponsored legislation that will ensure that the federal employees who keep our communities and nation safe are paid for their service as shutdown negotiations continue.
 
“I believe it’s unfair for me to receive pay while the men and women who put their lives on the line to keep our country safe are seeing their paychecks delayed,” Collins said. “I’ve requested that my paychecks be withheld until essential federal employees, like our Border Patrol and TSA agents who work to protect the safety and security of American citizens, are fully compensated for their duties during this partial government shutdown.”
 
The Providing Pay For Essential Employees Act, introduced by Congressman Bob Gibbs, (OH-07), and cosponsored by Collins, directs the Treasury Department to appropriate funds to cover the salaries and any expenses of any officer or employee of the federal government physically working during the partial government shutdown beginning on or about Dec. 22, 2018.
 
Collins added: “It’s time for partisan Democrats like Nancy Pelosi and Chuck Schumer to quit using hardworking Americans as pawns as they stonewall efforts to secure the border and reopen our government. Protecting American citizens should be a top priority, and it is my hope that Congress and President Trump can work together to find a bipartisan solution that effectively secures our borders and reopens the federal government in a timely manner.”

Press release:

The City of Batavia Youth Bureau and the Genesee County YMCA invites all 6^th through 12^thgrade students in the City of Batavia to submit a logo design that will be used with the opening of Teen City.

The contest guidelines are as follows:

• Contestants must be enrolled as a 6^th– 12^thgrader who resides within the City of Batavia or attends Batavia City School District, St. Joseph Catholic School, Notre Dame High School or GVEP.
• Poster should be no larger than 9”x12” and must leave the bottom 2 inches blank.
• Artists should include Teen City in the logo design.
• Artwork should be submitted in portrait (vertical) orientation.
• Each submission should be the original student’s work.
• Each entry must include the artist’s full name, address, phone number, grade, age and school on the back of the poster.
• Designs can be in any medium, including computer-generated. They should be clear and concise, easy to read.

Entries must be received in person or by mail by 4 p.m. on Monday, Jan. 28. Submissions can be sent to the Batavia Youth Bureau, Attn: Teen City Logo Contest, 12 MacArthur Drive, Batavia, NY 14020.

The winning logo will be used for all signage of Teen City and on staff shirts. The winner will be recognized at the Teen City Kick-off Event in 2019.  For more information contact the Batavia Youth Bureau at 345-6420.

Pembroke students Tuesday had a lot of questions for Astronaut David Saint-Jacques about being a space pioneer and life aboard the International Space Station.

Sixteen students were selected to ask questions and participating the planning of the event and today it all came together after months of preparation -- going back to April of last year -- during an assembly in the school's auditorium.

Saint-Jacques answered questions about what it was like to be in space, how his life inside the space station, what surprised him about going into space, and whether it was fun, along with addressing other topics.

Melissa Smith, a 7th and 8th-grade science teacher, took the lead on setting up the event and said it was a great opportunity to expose the students to things they may not otherwise get to do as part of their school experience. They learned about shortwave radio, the space station, about astronauts and they worked with members of the community to help bring it all together.

"We want to make a relatable experience for them so this was really cool because this isn't something we would necessarily teach in our curriculum, in our class, so it was a way we could go above and beyond what students normally learn," Smith said.

In all, 16 students were selected to ask questions during the eight or nine minutes the station was in position to connect via shortwave with a transmitter.

The ARISS event was managed by an international consortium of amateur radio organizations and space agencies including the National Aeronautics and Space Administration (NASA), Whitworth Ferguson Planetarium at SUNY Buffalo State, and members of the Genesee County Radio Amateurs (GRAM) Club.  Pamela Ware, from Corfu, and member of GRAM, holds an FCC amateur extra license and was the liaison for the team of radio operators who provided hands-on training and experience for Pembroke students. 

Here's something you don't see every day: A ring-necked pheasant in the city.

Joanne Fleming spotted the bird by Pizza Hut yesterday afternoon.

Should New York eliminate bail requirements for people facing misdemeanor and non-violent felony charges?

Buffalo News: Thurman Thomas calls for bail system reforms

The Batavia High varsity girls’ basketball team, coming off a dramatic victory over Wellsville last Friday in the finals of the Batavia Rotary Club Tournament, has tacked on two more Monroe County League victories this week -- a 54-44 win over host Greece Arcadia on Monday and a 64-33 triumph over visiting Spencerport last night.

Three Batavia starters scored in doubles figures with Ryann Stefaniak and Emma Krolczyk leading the way with 16 points apiece while Mackenzie Reigle tallied 14.

The Lady Devils were in control throughout en route to their ninth win in 10 contests.

On Monday, Batavia led by only three after three periods but used a 19-12 fourth quarter to beat Arcadia.

Stefaniak scored 16, Reigle 11 and Krolczyk 10 while Bryn Wormley and Meghan Houseknecht each added eight points.

Batavia’s next game is Friday night at home against Greece Olympia, 3-7. Olympia lost to Spencerport, 46-40, on Dec. 28.

This story is based on audio provided at the courthouse by WBTA's Alex Feig.

Batavia High School student Antwan Odom appeared in Genesee County Court this morning for his arraignment on an indictment filed by the Grand Jury stemming from a summertime fight with his classmate and neighbor, Ray Leach. 

Odom's attorney Frank Housh waived a reading of the indictment and entered a plea of not guilty on behalf of his client on charges of attempted assault, 1st, a Class C felony, and criminal possession of a weapon, 4th, a Class A misdemeanor.

Odom, 18, allegedly cut Leach during an Aug. 4 altercation on Ross Street.

District Attorney Lawrence Friedman indicated the prosecution was ready for trial and motion hearings were scheduled.

Judge Charles Zambito continued bail at $15,000 cash / $30,000 bond without objection.

A temporary order of protection barring Odom from contact with Leach was also continued, however the defense contested that the order should be altered as he claimed it was being used by Batavia High School to prevent Odom from attending.

Housh claims his client’s education is suffering due to practices of BHS and the Batavia City School District, which has in essence expelled Odom, who he says is "falling far behind" in his studies despite being assigned a tutor and attending BOCES.

"He's not getting a good education," Housh said. "And this is happening only because the (school) district has made the determination to protect Ray Leach and punish my client."

Speaking with reporters after today's court proceedings, the defense attorney said he received a letter on behalf of his client from the district explaining that because of the serious nature of the charges, Odom could no longer attend BHS. Leach continues his studies at the high school unabated.

A reply letter pointed out that certain hearings, such as a superintendent's hearing, have to be held before an expulsion can be ordered, with Housh citing #3214 of the NYS Education Law.

Subsequently, Housh received another letter from the school district's attorney, which changed the justification of Odom's ouster to the fact that an order of protection is in place.

"It is extraordinarily rare for a school district to say because there is a stay away order, you can no longer be educated, you have to be expelled," Housh said, noting that he has practiced law 25 years and handled lots of students' cases in many districts.

"What almost always happens is the court makes a determination that the two of them have to stay away from each other at school, so both of them (can get) an education. ... They don't take one student and deny them an education."

The fact that a tutor has been assigned to Odom and he can attend BOCES is not the same as being able to attend the school he has gone to for the last three years; there's no parity, according to Housh.

Judge Zambito said he would consider Housh's argument if it is put in writing, which Housh will do when he files motions in the case. The next court appearance for Odom is sometime in March.

• Be a current resident of one of the eight counties of Western New York (Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, Wyoming);
• Have a minimum of a “C” average or a GPA of 2.0 or greater;
• Be admitted to a nonprofit 501(c)(3), U.S. Department of Education accredited school for full-time study for the fall 2019 semester. 

Submitted photo and press release:

The Batavia Police Department announced today it has recovered the white 1998 Dodge RAM 2500 diesel (NYREG 65962JX). The vehicle was located at the old sand wash on Cedar Street and has been returned to the business.

Anyone with information in reference to the case may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at here.

For previous coverage, click here.

Last evening the Genesee region girls basketball rivals, Notre Dame Fighting Irish versus the Oakfield Hornets kept the crowd cheering on both sides for an entertaining evening contest at Notre Dame High School.

Both teams battled the ball through four quarters to a close four-point game after Oakfield scored with 16 seconds left on the clock trailing 41-37. A technical was called against the hornets and foul shots benefited the Irish favor in the remaining seconds to finish on top 45-37.

Oakfield’s Coach Jeff Schlagenhauf’s postgame summary:

“We talked about getting off to a good start in their gym, it’s a tough place to play but great environment for high school basketball. Defensively we stuck to what we wanted with our game plan.

"It all came together in that early part of the game, knowing full well that they would make adjustments. Coach McCulley does a great job with his kids. We were able to weather that storm going into halftime with the lead. But we talked in the locker room, they were going to keep coming, it’s their gym, they’re a good ball club and that’s what they did.

"They really kind of took it to us in the second half a little bit of the standpoint of taking us out of what we wanted us to do. Couple things changed for us after halftime -- offensively we stopped running our plays and could not get the drops. They got a couple easier baskets that did not happen for them in the first half.

"I think that was a little bit of the momentum shift that happened for us not being able to score and they took that lead, four, five points and kind of hung there the rest of the game."

Notre Dame’s Coach Tom McCulley postgame summary:

“After the first quarter being down by 10, we talked about not panicking and do what we can do, were a good team. Oakfield obviously came out with more energy than we did and they got up big, but we got players that can do good things out on the court offensively and defensively and by that we had to dig in, get some stops. 

"Oakfield was getting some easy buckets back in transition on us and we were not getting back very well in the beginning half. Once we started getting back and getting into a half court man to man coverage, they didn’t get so many good looks at the basket and we were able to claw back into it.

"We have some young players that are in new roles this year that have never been in before. When you play a quality team like Oakfield, sometimes you got to get your feet wet, you have to get in the rhythm of the game before you start to feel comfortable and that’s what exactly happened.

"We were able to weather the storm in the first half, Amelia and Sara got comfortable in the game and were the ones that were open. Oakfield was doubling Callie and Stevie when they were in the paint and Sara and Amelia knocked off some huge shots in the third quarter and that got us up and gave us a spark and we never really gave it back.”

Notre Dame Callie McCulley had 12 points, 12 rebounds and eight blocks. Amelia McCulley added 12 points and Stevie Wilcox 10 points. Oakfield-Alabama Kelsey Shlagenauf had 15 points, Shelby Carson 10 points.

Photos by Thomas Ognibene. To view or purchase click here.