A member of the Pavilion Fire Department who is assigned to fire police was driving near his residence on Pavilion Center Road this morning when he spotted a fire in a neighbor's garage at 10240 Pavilion Center Raod.

He immediately called in the fire but there were already huge plumes of black smoke pouring from the structure.

By the time the first fire units arrived, the garage was fully involved.

Chief Dewey Murdock said that despite it being a weekday on a holiday week, fire companies in Pavilion and mutual aid companies from Genesee, Livingston and Wyoming counties, were able to assemble crews quickly and arrive on scene shortly after the fire was reported.

That wasn't enough, however, to save the two-story garage built in the 1970s from total destruction.

The homeowner, Wayne Palmer, used the garage to restore old cars and a couple of cars were pulled out of the garage at some point.

No firefighters were injured fighting the blaze.

Multiple tankers were needed to provide water for the fire but there was never a water flow issue, Murdock said, because of sufficient crew members for the tankers, plenty of tankers on scene, and the proximity of Oatka Creek.

Murdock said the cause of the fire is under investigation but it may have started with a fuel oil burner.

The theft of a video game from under a Christmas tree at a lower apartment on Tracy Avenue is reported in the city. There was no sign of forced entry. Batavia police are responding.

Statement from Assemblyman Steve Hawley:

“My family and I would like to wish everyone a Merry Christmas! This is a special time of year that brings together many families, friends and loved ones in celebration. Everyone has their own unique holiday traditions.

"Whether it’s baking cookies for Santa, watching a classic Christmas movie on TV or something else, these traditions make the season special. Enjoy this time with loved ones, and again, have a very Merry Christmas!”

A fully working garage fire is reported at 10240 Pavilion Center Road. The structure is full of mechanical equipment, according to the caller to dispatch. The location is south of Junction Road. Pavilion, Stafford and Le Roy are called to the scene.

It's gone to a second alarm -- the city's Fast Team is now called along with Bethany, Alexander and York. A first responder says heavy black smoke is showing.

UPDATE 11:08 a.m.: The city's first platoon is requested to stand by in its fire headquarters.

UPDATE 11:10 a.m.: "This is a two-story garage, fully involved," says a chief. Two additional tankers from Caledonia are called to the scene.

UPDATE 11:13 a.m.: Equipment from Perry Center and Wyoming are also going to respond. The tankers are to come in off Route 20. The railroad will be notified of the incident and its close proximity to the tracks; trains will not need to be stopped, but will need to slow down.

UPDATE 11:17 a.m.: Churchville is called to fill in at Le Roy's fire hall. Town of Batavia is called to fill in at Stafford Fire Hall.

UPDATE 11:21 a.m.: The power company is called to respond to the scene.

UPDATE 11:33 a.m.: Perry is filling in at Pavilion's fire hall. Churchville was unable to secure a crew to fill in for Le Roy.

UPDATE 11:37 p.m.: "Town of Batavia all additional available manpower to stand by in your quarters."

UPDATE 12:24 p.m.: Heavy smoke is still pouring from the site.

UPDATE 1:17 p.m.: All tankers have been released except Pavilion's.

Sophomore guard Bryn Wormley scored 17 points, including two key three-point baskets midway through the third quarter, to spark the Batavia High Lady Devils girls basketball team to a 47-38 victory tonight over host Greece Odyssey in Monroe County Division 4 action.

Batavia, 4-1 overall, led 26-12 on a layup by Wormley to start the third quarter before Odyssey, 3-4, scored six straight to cut the lead to eight.

That’s when Wormley found the range from three-point distance twice to put Batavia up 32-20.

The Lady Devils finished the quarter strong on a short jumper by senior forward Jenae Colkey and three-point shot and driving layup by sophomore guard Mackenzie Reigle to take a 39-22 advantage into the final period.

Odyssey outscored Batavia 16-8 in the fourth quarter, with junior forward Treanna Blenman tallying six of her 17 points.

For Batavia, senior guard Ryann Stefaniak added 12 points (all in the first half) and Reigle also had 12 (nine in the second half). Senior center Meghan Houseknecht rounded out the scoring with four.

Reigle had three steals, Stefaniak blocked three shots and junior forward Emma Krolczyk grabbed six rebounds.

Batavia returns home to face Honeoye Falls-Lima on Dec. 27.

Undersheriff Gregory H. Walker, a 31-year veteran of the Genesee County Sheriff’s Office, is retiring effective Dec. 29. Walker started his career on Oct. 22, 1987, as a Deputy Sheriff. On Oct. 25, 1993, he was promoted to Investigator and then promoted to Sergeant on Sept. 20, 1997.   

During his tenure, Walker earned several awards which include seven Meritorious Awards, three Commendations and Officer of the Year. Additionally, he is a Drug Recognition Expert and Instructor, was Sergeant of the Drug Task Force and is highly involved with the Badge of Honor Association.

Greg’s numerous years of employment are proof to the dedication and passion he has for the law enforcement profession. 

“I would like to thank Greg for his dedication to serving the Genesee County Sheriff’s Office and the citizens of Genesee County,” said Sheriff William A. Sheron Jr. “Everyone at the Sheriff’s Office wishes him all the best for his future.”

Photo: File photo, April 2018

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) is pleased to announce he will be the new Deputy Minority Leader for the 2019 Legislative Session. In addition to this position, Hawley will serve on the Agriculture, Insurance, Rules, Veterans’ Affairs and Ways & Means committees.

“With the approaching New Year comes the chance for a better and new New York,” Hawley said. “I am excited and honored to move up into the Deputy Minority Leader position this upcoming session, having previously served as Assistant Minority Leader.

"I look forward to continuing to make a difference and am anxious to get back to Albany and back to work.”

Press release:

Northgate Free Methodist Church in Batavia is continually opening its doors to the community and inviting everyone to their events throughout 2019. In addition to worship services, Northgate offers dozens of volunteer-led small groups, many of which are open to the public. Several groups relaunch in January, including:

• Grief Share, a 13-week group designed to help and encourage those grieving the loss of a loved one due to death. The format is a weekly video presentation and discussion time that offers hope and comfort. Find more information at http://www.griefshare.org/about. Meetings will take place on Tuesdays from 6 to 7:30 p.m., starting Jan. 22nd, at Northgate’s North Campus, 8160 Bank Street Road, Batavia. There is a $15 cost for workbooks, scholarships available.
• Divorce Care, a friendly, caring group of people who will walk alongside you through one of life’s most difficult experiences. Don’t go through separation or divorce alone. Divorce Care seminars and support groups are led by people who understand what you are going through and want to help. You will learn how to heal from the deep hurt of divorce and discover hope for your future. A new 13-week session begins on Saturday, Jan. 19th, from 6 to 7:30 p.m. at Northgate’s North Campus. There is a $15 cost for workbooks, scholarships available.
• Mothers of Preschoolers or “MOPS” are women who gather together twice a month to share and support each other in the remarkable journey that is motherhood. Meetings consist of relevant speakers, fun crafts, supportive conversations and fellowship. There is always hot coffee and childcare provided at MOPS meetings. Moms can choose a 9 a.m. group or a 6:30 p.m. group. MOPS is open to all moms with children from birth to their youngest child finishes kindergarten. MOMSNext is also available for moms of school-aged children, they meet every second and fourth Wednesday from 6 to 8 p.m. Visit Northgatefmc.com/mops for more information. Each group has a separate membership fee, scholarships are available.
• Celebrate Recovery meets every Thursday evening at 6:30 (including any and all holidays that fall on a Thursday, unless there is a serious snowstorm). Our CR leaders guide and assist those of us who are gaining joy and freedom in Christ as we apply the 12-Steps of Celebrate Recovery to the hurts, habits and hang-ups we all struggle with. All are welcome! We believe anyone and everyone would benefit by attending this group, where we take off our masks and allow God to transform our lives. We are able to share openly and honestly about our struggles with people we come to trust, who will maintain confidentiality, and who will not judge us. For more info, go to: https://northgatecr.weebly.com/
• Financial Peace University will be held on Wednesday nights, starting on Feb. 13th, from 7-8:30 at the North Campus (8160 Bank Street Road, Batavia). For more than 25 years, Financial Peace University, created by Dave Ramsey, has helped thousands of people take control of their money. Through this nine-week course, Ramsey’s proven money class will show you step-by-step how to create a budget, pay off your debt, make wise spending decisions, and save for the future. Preregistration is required, so please visit https://fpu.com/1079986 to sign up. The cost for the class is $129, scholarships are available. If you have questions please email john@northgatefmc.com.

For more information about any of these groups or other events, please contact the Northgate office at (585) 343-4011 or email office@northgatefmc.com

By Tim Bojarski, for Batavia Downs

The 67-night session of harness racing at Batavia Downs for 2018 wrapped up on Saturday (Dec. 15) with both highs and lows being noted. 

Whereas many competitive races were witnessed over the oldest lighted harness track in America, fewer races overall affected the Downs handle for the meet. The main reason for fewer races was a lack of available horses to race. 

In 2018 only 672 races were filled compared to 806 in 2017 and due to 134 less races (a 16-percent reduction) the handle also finished down 11.2 percent. 

“The reduction of races was due to the decreased amount of horses in the area," said Todd Haight, director/manager of Live Racing at Batavia Downs.  "And we had a number of short fields trying to fill out race cards besides. Both of these factors played havoc with our numbers.” 

“However I also feel the numbers are a bit skewed since we were coming off a record season last year. That said, we are excited about the 2019 meet.”

There were three cards cancelled during the meet: two for lack of entries and one for weather-related issues. 

Although fewer races were held, the ones that went on provided excellent competition on the track and wagering opportunities for Downs' customers. 

Eight visits by the New York Sires Stakes (NYSS) during the summer months and a visit by the great Foiled Again were highlights of the meet and drew large crowds trackside. 

On the track Drew Monti took the driving title, garnering 122 wins for the meet and earning $724,847 in purses. This was Monti’s second driving title in the last three years at Batavia. 

Kevin Cummings finished second with 102 wins and Billy Davis Jr. was third with 99.

JD Perrin grabbed his fourth training trophy as a result of sending out 61 winners who earned $333,348. Perrin finished ahead of James Clouser Jr. who had 43 wins and Shawn McDonough who registered 29. 

Five track records were broken over the six-month run. 

Standards for 2-year-old pacing colt (Melodies Major, 1:54.1), 3-year-old trotting gelding and all-aged trotting (Winning Shadow, 1:53.4), aged trotting mare (Chelsea’s Chance, 1:56.1) and trotting under saddle (No Recess, 2:02.1) were all rewritten at the Genesee County oval. 

And possibly the biggest news of the meet was the announcement that Batavia Downs was named the host track for the NYSS Night of Champions that will be held on Saturday, Sept. 14. That night also marks the return of the Downs' signature race, the $50,000 Kane Memorial Pace, making it the richest night of harness racing ever offered in Western New York. 

The 65-card meet will kick off on Wednesday (July 24) pending state approval of the dates.

Justin Daniel Petrovic, 38, of Oak Ridge Drive, Victor, is charged with aggravated DWI, per se, with a BAC of .18 percent or more and no prior convictions; DWI -- first offense; and having an unsafe tire. At 8:14 p.m. on Dec. 16 on Main Road in Stafford, Petrovic was arrested after deputies checked on his vehicle, which was roadside. It is alleged that the defendant drove his vehicle on Route 5 when it became inoperable due to a flat tire. He was released on an appearance ticket and is due in Town of Stafford Court on Jan. 17. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Joshua Brabon.

Adam Richard Stone, 47, of Read Road, Pembroke, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; moving from lane unsafely; and operating a motor vehicle without an inspection certificate. At 6:54 p.m. on Dec. 16, deputies responded to Slusser Road in the Town of Pembroke for a one-vehicle accident. Following an investigation, Stone was arrested. He was issued appearance tickets and is due in Pembroke Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Kyle Krzemien.

Kayne W. Probst, 24, of Lynn, Mass., is charged with one count of petit larceny, a Class A misdemeanor. Probst was arrested by the Le Roy Police Department on Dec. 13 after they received a complaint of a larcent that had just occurred at a local store. It is alleged that the defendant took merchandise from the store without paying for it. Probst was taken into custody without incident and was arraigned in the Le Roy Town Court. Probst was jailed in lieu of $500 bail and is due in Le Roy Town Court today (Dec. 20).

James O. Boughton, 18, of Chili Riga Center Road, Churchville, was arrested on Dec. 10 by the Le Roy Police Department and charged with unlawful possession of marijuana and disobeying a traffic control device, both violation-level offenses. While on patrol, Le Roy police allegedly observed the vehicle operated by Boughton pass through a red signal. Patrols executed a lawful traffic stop on Boughton’s vehicle, identified Boughton as the operator, and after a brief investigation allegedly found Boughton to be in possession of marijuana. Boughton was issued tickets and is to appear in the Le Roy Town Court on Jan. 17 to answer to the charges.

Batavia Middle School students trekked all over Batavia today as part of the school's annual Give Back Field Trip, where they visit various business and agencies to thank those who have supported the school.

Today's visits included the Sheriff's Office, State Police, Fire Department, and this visit to Batavia PD.

Le Roy PD, in cooperation with the county's STOP-DWI, conducted additional patrols this past weekend, which resulted in three arrests of people who are suspected of driving while impaired.

Late afternoon Saturday, Le Roy PD received a report of a woman who had driven to a local grocery store and appeared to be intoxicated.

Upon arrival, officers identified Linda B. Towner, 57, of Batavia, as the suspected driver. She was near a vehicle the officers believed she drove to the store. After further investigation, officers determined she allegedly drove the vehicle while intoxicated. She was taken into custody without incident and charged with DWI and driving with a BAC of .08 percent or greater.

That evening, patrols observed a vehicle moving at a high rate of speed in the Village of Le Roy. It also appeared that the driver’s view was obstructed. A traffic stop was initiated and the driver was identified as Scott M. Hoover, 46, of Bloomingdale, Ohio. After further investigation, Hoover was arrested and charged with DWI, driving with a BAC of .08 percent or greater, speeding, and driver's view obstructed.

Sunday evening, patrols observed the erratic operation of a vehicle. The car was moving in and out of its lane of traffic. At one point, the vehicle struck a curb and it also occupied two lanes at one time. Following a traffic stop, Jeremy J. Trzecieski was identified as the driver. Trzecieski, 42, of Pavilion, was charged with DWI, driving with a BAC of .18 percent or higher, consumption of alcohol in a motor vehicle, failure to use designated lane, and improper left turn.

Towner, Hoover and Trzecieski were all issued appearance tickets as the result of their arrests. All are to appear in the Le Roy Town Court on Jan. 17.

After a lifelong career in ministry, Gregory Van Dussen has written his first book, "Transfiguration and Hope."

"I have done a lot of writing in graduate school and a lot of reviews, but never a book,” Van Dussen said. “I didn’t think I had anything to write about until it hit me like a ton of bricks.”

As a new retiree, the vision became clear, he said.

“I had to do some reflecting about this time of life, getting old and the next life,” Van Dussen said. “I put that together with the Bible transfiguration of Christ.”

One thing which makes his book distinctive, he said, is in his research he read a wide range of authors, not only Christian authors from Protestant to Catholic but Eastern Orthodox, Coptic Orthodox writers from Egypt and Armenian Apostolic.

His book is a conversation across time and space, he said. He describes it as gathering many of those voices from the panorama of Scripture and church history and finding in them the common theme of radical transformation in Christ.

Van Dussen is a retired United Methodist pastor, having started 39 years ago in Batavia. From 1972 to 1974, he served as district superintendent. His career includes serving at churches in Bergen, Albion, Batavia, East Aurora and Springville.

His book is available at the Holland Land Office Museum, on Amazon and in local retail distributors, including the Book Shoppe in Medina, where he has a book signing scheduled from 11 a.m. to 1 p.m. Saturday, Dec. 22.

Van Dussen is already working on a second book of devotions, based on the lives of early circuit riders in North America.

“I have always been interested in those people,” Van Dussen said. “I found an abundance of information available online about these people.”

He hopes to have the new book available by next fall.

Press release: 

Today Congressman Chris Collins (NY-27) again called on New York State's Governor, Andrew Cuomo to stop diverting fees collected for 9-1-1 services. The Federal Communication Commission's annual report shows that New York State continues to divert nearly 42 percent of fees collected from consumers on their phone bills -- which are meant to be used to improve 9-1-1 emergency communications systems -- to the Governor's slush fund.

Earlier this year, Congressman Collins introduced the 911 Fee Integrity Act, that prevents states from diverting fees collected for 9-1-1 services. Collins' bill directs the FCC, in consultation with public safety organizations, and state, local and tribal governments, to determine the appropriate use of funds collected from consumers.

Currently, states are able to set their own definition of what is a covered cost for 9-1-1 fees, which has allowed states such as New York to divert fees into a general fund.

"It is completely unacceptable that New York State continues to divert funds meant to improve 9-1-1 emergency services, to Governor Cuomo's corrupt and shady slush fund," Collins said.

"These fees should be used to make important and necessary improvements to emergency response systems -- doing otherwise is inappropriate and puts New York residents at risk.

"We must prioritize the safety of our communities and improving these services is absolutely essential to keeping our residents safe. I remain committed to pushing the Governor to end this deceptive practice."

The FCC's annual report identifies six states and one territory as diverting 9-1-1 fees for other uses last year: Montana, New Jersey, New York, Nevada, Rhode Island, West Virginia, and the U.S. Virgin Islands. New York also tops the list with one of the highest 9-1-1 fess at $1.20 per line.

"When Americans pay 9-1-1 fees on their phone bills, they rightfully expect that money to fund 9-1-1-related services," said FCC Chairman Ajit Pai in the FCC's release. "Unfortunately, the FCC's annual report shows that, once again, several states have siphoned 9-1-1 funding for unrelated purposes.

"This is outrageous and it undermines public safety. But there is also some good news: Thanks to Commissioner O'Rielly's efforts to shine a light on the issue of 9-1-1 fee diversion, as well as the Public Safety and Homeland Security Bureau's ongoing work, this is the first time that every jurisdiction has responded to the FCC's annual 9-11- fee survey.

"Hopefully, drawing attention in this way to the unacceptable practice of 9-1-1 fee diversion will help end it."

The FCC is required by law to submit an annual report to Congress on the states' collection and distribution of 9-1-1 fees. The FCC's latest state 9-1-1 fee report, as well as reports from prior years, are available here. The agency also issued a Public Notice seeking comment on the findings in the new report.

At the close of yet another hearing on making restitution to her former employer, former Bergen resident Michele Ann Case made it clear how unhappy she is with HomeCare & Hospice, District Attorney Lawrence Friedman and The Batavian, accusing all of lying about her and defaming her good name.

Case called Friedman unethical. She said he had been duped by HomeCare & Hospice. Friedman, she also said, is just posturing for The Batavian, which she accused of libel.

"Then I want to go to jail and not pay any more restitution," Case told Judge Charles Zambito after Zambito warned her about her conduct. As she spoke, two deputies in the courtroom positioned themselves directly behind the chair she was sitting in.

She continued, "I don't want to see that man anymore," pointing at Friedman.

At the end of Case's rant, and before she could start again, Zambito adjourned the hearing.

Shortly after leaving the courtroom, Case emailed the following statement to The Batavian:

Please be advised that you have repeatedly printed lies about me on The Batavian and I hereby demand that you print an immediate retraction for your past 2 libelous posts. I also demand that you immediately cease & desist spreading falsehoods to the community I proudly served! Eventually, new evidence will exonerate me and implicate my former employer for falsely reporting a theft and insurance fraud and the DA will be brought up on ethics violations & prosecutor misconduct! 

Case has been in legal trouble in Genesee County since 2010 when she was accused of stealing more than $35,000 from an elderly patient. Those charges were eventually dismissed for reasons never officially disclosed by the court.

In 2011, she was accused of painting a mailbox that didn't belong to her, and later that year she was arrested and accused of bilking HomeCare & Hospice out of thousands of dollars by falsifying business records.

That case went to trial in 2012 and she was convicted by a jury but the conviction was overturned. An appeals court ruled that documents entered into evidence at trial were prejudicial and thereby denied Case her right to a fair trial.

Case was retried in 2014 and convicted again.

After the first conviction, a hearing was called to determine the amount of restitution Case owed HomeCare & Hospice and Judge Robert C. Noonan ruled that she would be required to pay $14,000.

Her attorney at the time tried to argue that restitution should be limited to the amount of money specified under the legal definition of third-degree grand larceny, which was $3,000.

Today, Case suggested that she has made restitution payments and that she owed no more than $2,500. It's not clear, but it appears Case believes The Batavian's prior reporting on the amount of restitution is libelous. Friedman said it was his impression that Case is claiming she's made sufficient payments to reduce the amount of restitution to $2,500. He said the court has been unable to confirm payments with officials in Niagara County, where Case now lives.

The issues currently in dispute about restitution, in this case, are whether Zambito has the authority to compel restitution and to set a payment schedule.

Since her second conviction, Case moved to Erie County and then Niagara County. Each time, her probation followed her into those counties. Public Defender Larry Ader, now representing Case -- though at the start of her rant in court this afternoon she told Zambito she was firing Ader -- said he believes that because Case was last on probation in Niagara County, and is no longer on probation. Ader maintains that only a Niagara County judge can issue a restitution order and that only the probation department in Niagara County can collect that restitution.

Zambito said he believes he has jurisdiction over restitution in this case and that he can order Genesee County Probation Department to collect the restitution.

Ader said it would be up to an appeals court to resolve the different views.

Prior to today, Case was supposed to supply a financial statement to help the court determine the amount of monthly payments, along with supporting documents. Friedman said the financial statement was delivered to his office late and that it only received any supporting documents 45 minutes prior to today's hearing. But with just a quick review of the documents, he said they appeared to be inadequate to support the financial statement.

According to Ader, Case hasn't been working while out on disability but should be cleared to work soon. In the meantime, her only source of income has been Social Security survivor benefits paid out on behalf of her 16-year-old child, who lives with her in Lockport. 

Friedman suggested a hearing might be needed so Case could be placed under oath to testify about her ability to make restitution payments. But after a conference with the Zambito and Ader at the bench, Zambito said he was going to order, for now, payments of $50 a month. That is the amount in the prior restitution order; they are to start at the beginning of the month.

Another hearing is scheduled 9:30 a.m., Jan. 7.

Previously:

• Bergen woman accused of stealing $35,000 from elderly woman's ...
• Police Beat: Alleged mailbox caper leads to charges in Bergen
• RN accused of creating inflated call claims to steal more than $14,000
• Grand Jury Report: Former employee accused of bilking her employer 
• Nurse convicted of falsifying pay records to steal money from her former employer
• Nurse who inflated claims to bilk employer of more than $14,000 gets four months in jail, probation
• Total amount of restitution still undecided for Bergen nurse who stole money from employer
• Amount of money nurse must repay former employer still unresolved
• Appeals court throws out conviction of woman accused of bilking employer out of $14K
• Former Bergen resident told second trial on fraud charges will be July 7
• Former nurse convicted for second time of stealing $14K from employer
• Former nurse from Bergen given probation following second conviction on grand larceny
• Restitution still pending in former nurse's seven-year-old theft case
• Restitution of $14K again delayed in case of former nurse who falsified business records