A tractor-trailer slid off the roadway and is leaking fuel at 2264 Lewiston Road. No injuries. Alabama Fire Department is responding. The location is between Knowlesville and Lockport roads.

UPDATE 11:39 a.m.: Oakfield Fire Police called to provide traffic control at Lewiston and Lockport roads. A first responder on scene reports the fuel tanks on the disabled tractor-trailer are about half full; unsure of the amount of fuel that has leaked so far.

Photo, from left: Delcina Cassidy, Courtney George, Catherine Long and Mikayla Hickey.

Submitted photo and press release:

The American Legion Auxiliary Unit #576 of Le Roy has selected four local high school juniors girls to attend this years Empire Girls State week held at SUNY Brockport the week of June 28^th.

Delcina Cassidy of Le Roy High School, Catherine Long of Le Roy High School, Mikayla Hickey of Alexander High School and Courtney George of Pavilion High School have been selected to attend American Legion Auxiliary (ALA) New York Girls State.

As part of the premier ALA program, the girls will study local, county, and state government processes during this five-day nonpartisan political learning experience. 

The girls were selected to attend Girls State based on selection criteria through Auxiliary unit and/or high school, which includes being in the top third of her class, along with consideration given to scholastic achievements, leadership, character, honesty and physical fitness.  

Delcina is the daughter of Glenn and Delcina Cassidy. She is involved in the National Honor Society, school musicals, cross country team, indoor and outdoor track. Participates in many clubs, helped multiple times during community service, and assists at the Community Kitchen.

Catherine is the daughter of Rob and Julie Long. She participates in National Honor Society, Scholastic Bowl, Math Team, Emerging Knights, Chorus, Band, Marching Band, Eastman Honors Wind Ensemble, Hochstein Youth Wind Symphony and also helped multiple times doing community service projects.

Mikayla is the daughter of Mike and Cherie Hickey. She participates in many activities in her school and community, including National Honor Society, Ace/Stem program at Genesee Community College, HOBY 2019 member, Math Team, Mock Trial, band, plays soccer, softball, and is a student rep for the 2019 Alexander Building Project Board. She also volunteers at her church, participates in the wrestling tournament and the Alexander’s Outdoor classroom.

Courtney is the daughter of Tracie Rowland and Michael George. She is active in her school and community, including National Honor Society, Youth Leaders Conference, Students Against Destructive Decisions, Spanish Club, Future Farmers of America, and she plays volleyball, softball and is active in her community with Food Link and a member of the Girls Service League.

ALA Girls State attendees, known as “citizens,” receive special instruction in parliamentary procedure and organize themselves into two mock political parties.

The young women then campaign, hold rallies, debate, and ultimately vote to elect city, county, and state officials. Once elected to office, delegates are sworn in and perform their prescribed duties.

Attendees not elected to office are given appointments and visit the offices of those elected to share their viewpoints as citizens.

Every spring, approximately 25,000 young women across the country are selected to attend ALA Girls State programs in their respective states. Two outstanding citizens from each of the 50 ALA Girls State programs are then chosen to represent their state as “senators” at ALA Girls Nation held in Washington, D.C. in July.

Congratulations girls!

Schools that have canceled classes:

• Batavia City Schools
• Byron-Bergen Central School
• Elba Central School 
• LeRoy Central School 
• Notre Dame High School
• Oakfield-Alabama Central School
• Pavilion Central School
• GCC Batavia campus

Closures and cancellations:

• Richmond Memorial Library
• Office for the Aging has cancelled Meals On Wheels deliveries today and congregate meal sites are closed. Cients should use their emergency meals.
• Liberty Center for Youth is closed.
• GAPA's "Employee Engagement" event at the Dibble Center tonight is canceled.
• Classic Optical

Email closures and cancellations to howard@thebatavian.com

The 17-year-old right-hander put together 12 straight strikes in the middle game during the T.F. Brown’s Adult-Child League at Mancuso Bowling Center. His other games were 208 and 209, giving him a personal-best 717 series.

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For more local and national bowling news, check out Mike Pettinella’s Pin Points bowling column that appears every Thursday exclusively on The Batavian.

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Using a MOTIV Venom Shock ball (the only ball in his possession besides a plastic spare ball), the Batavia High School senior bettered his previous high game of 279 – and can claim his USBC award for his first 300 as a youth bowler. He also will be eligible for a USBC adult award when he posts his first perfect game after the age of 18.

He is the second local teen to roll his first 300 game in the past two weeks; classmate Tony Sprague registered 300 on Feb. 16 at Medina Lanes.

Johnson, who bowls in the doubles league with his father, Mike, said he wasn’t nervous.

“Once I got to the 10^th frame, I noticed after the first ball what I was going for,” he said. “I was thinking just make a good shot. If I made a good shot and I didn’t strike, I couldn’t really be mad.”

Mike Johnson, a lefty, has several 300 games and four 800 series, and Kyle’s brother, Bryan, also had a 300 game (which he rolled as a 19-year-old on March 2014).

Kyle said he got back into bowling recently after an 18-month layoff, but found that he was having problems with his release.

He said that a trip to Lightning Strikes Pro Shop in Rochester, owned by Chris Lamb, resulting in changing the pitch of his finger holes.

“My ring finger is a lot shorter than my middle finger, so we had to take an eighth of an inch back towards my thumb on my ring finger and leave my middle finger in the same spot,” he said. “Before that, it was catching on my thumb, and I was squeezing the ball.”

Johnson says he plans to compete in the Brockmyre Classic singles scratch tournament in Newark this weekend – an event that traditionally features a very challenging oil pattern.

“We’ll give it a try,” he said. “It will be good experience.”

MICKEY HYDE ROLLS 300 IN LE ROY

On several occasions over his 15 years as a regular league bowler at his hometown Le Roy Legion Lanes, Mickey Hyde came oh so close to perfection. He’s had 298 and 299 games, but never could seal the deal.

All that changed last Thursday night when the 53-year-old righty placed 12 consecutive balls in the pocket – and carried them all – for a 300 game in the Le Roy American Legion Men’s League. He finished with a 741 series on lanes 1-2.

“I used the original (Hammer) Black Widow ball that was drilled about 14 years ago by Bill Beachner (then at Perry Bowling Center),” Hyde said. “It feels really good to finally get one here.”

Hyde, manager of Tompkins Bank of Castile in Le Roy, had a 300 in 2010 at Scopano’s Lanes in Oakfield.

He won the Genesee Region USBC Senior Masters at Mount Morris Lanes in November, and has enjoyed success in a variety of tournaments over the years.

While the 300 topped the “high game” list in the league last Thursday, his 741 was second-best to the 749 posted by his nephew, Shayne Herold.

Press release:

Iroquois National Wildlife Refuge (INWR) announces changes to the turkey hunt and youth turkey hunt application processes for the 2020 season.

In order to streamline these processes, applications are now done online here. You can create an account, or log into your existing account at the website. Once you are logged in, select the appropriate hunt, and follow the prompts to apply.

Applications can be filled out online from March 1 until April 1 for both hunts.

The youth turkey applications will be on a first-come, first-serve basis. There is no fee for this permit.

The preseason lottery will be conducted to select hunters for the first and second sessions of the spring turkey hunt season. Please note there will be a $5 application fee to cover administrative costs.

Winners will be notified approximately one week after the close of the application period by email, whether selected or not.

All other aspects of the Iroquois NWR turkey hunt will be similar to previous years.

Hunters with disabilities may contact the refuge for information on how to apply.

Please see the Turkey Hunting and Youth Turkey Hunt Fact Sheets for full details on the 2020 hunting season, which can be found on the Permits page of the INWR website.

INWR is located midway between Buffalo and Rochester, and is managed by the U.S. Fish and Wildlife Service. For further information contact Iroquois National Wildlife Refuge, 1101 Casey Road, Basom, NY 14013, or call 585-948-5445.

A Canadian trucker was cited in a three-vehicle crash Feb. 20  that caused a Le Roy truck driver to injure his back. The accident occurred on Route 63 in the Town of Covington, Wyoming County.

Richard Witzel, of Le Roy, was transported to Wyoming County Community Hospital for back pain following the collision involving a passenger vehicle and two tractor-trailers.

According to Deputy Sampson (first name not provided) of the Wyoming County Sheriff's Office, deputies responded to the accident scene and determined Kayla Allen, 34, of Warsaw, was waiting to turn onto Court Road when she was rear-ended.

Allen was waiting for a westbound tractor-trailer to pass in order to make her turn, when a second tractor-trailer, driven by Randeep Sidhu, of Ontario, Canada, failed to stop and rear-ended Allen's vehicle.

The collision cause Allen's car to be pushed forward and under the westbound tractor-trailer operated by Witzel. The impact caused Witzel's axles to break off of his trailer.

Allen's vehicle was demolished and she was transported to Strong Memorial Hospital in Rochester for chest injuries.

All three vehicles had to be towed from the scene due to extensive damage.

Sidhu was charged with following too closely. He was issued an appearance ticket and is due in Covington Town Court at a later date.

Assisting Wyoming County Sheriff's deputies at the scene were the NYS Police, Pavilion Fire Department, Medic 80, BLS1, Karson's Garage, Stella's Towing, and T and R Collision.

City of Batavia leaders have been working diligently to erase a projected $700,000 shortfall in the 2020-21 budget, reducing expenses by nearly $350,000 while proposing a 7.48 percent property tax increase to generate the remaining $350,000.

City Manager Martin Moore on Tuesday sent an email to The Batavian outlining the departments and/or programs that have been targeted for cuts.

The actual amount of expense cuts (totaling $348,329) from the municipality’s general fund are as follows:

-- General operations -- $60,165;
-- Youth bureau -- $18,230;
-- Information systems -- $20,000;
-- Department of Public Works -- $117,114;
-- Police -- $77,870;
-- Fire -- $54,950.

As previously reported, the cuts include eliminating (for now) the hiring of an additional school resource officer as part of the police department.

Moore’s revised budget – his first budget called for a 0.97 tax hike – was prompted by what is shaping up to be the loss of $440,000 in revenue from video lottery terminal usage at Batavia Downs Gaming. The VLT money currently has been added to Gov. Andrew Cuomo’s state budget.

Still, there is a $260,000 difference between the VLT money loss and the $700,000 shortfall.

The Batavian has sent an email to Moore seeking an explanation, specifically the line items and/or factors that resulted in that situation, and will update this story upon his response.

Press release:

Senate Democratic Leader Chuck Schumer today released a detailed proposal for $8.5 billion in emergency funding to fight the spread of coronavirus in the United States.

“Congress must act swiftly to confront the threat of this global health crisis,” Schumer said. “This proposal brings desperately needed resources to the global fight against coronavirus.

"Americans need to know that their government is prepared to handle the situation before coronavirus spreads to our communities. I urge the Congress to move quickly on this proposal. Time is of the essence.”

With no plan to deal with the potential public and global health crisis related to the novel coronavirus, the Trump Administration made an emergency supplemental appropriations request on Monday.

It was too little and too late — only $1.25 billion in new funding. For context, Congress appropriated more than $6B for the Pandemic Flu in 2006 and more than $7B for H1N1 (Swine) flu in 2009.

The administration’s request also asked Congress to reprogram funding dedicated to fighting Ebola — still considered an epidemic in the Democratic Republic of the Congo (the second-biggest Ebola epidemic ever recorded, behind the West Africa outbreak of 2014-2016) — to deal with the coronavirus, which would make American people and the world less safe.

America must prepare for — and aggressively combat — all infectious diseases with urgency and vigor. In order to do so, we need a comprehensive plan and robust resources to execute a mission.

Thus far, the Trump Administration has failed to develop a plan and request the appropriate resources from Congress. Many of our states and cities have been left to foot the bill. The Schumer Supplemental request will address these problems.

1. $1.5B for the Centers for Disease Control (CDC) and Prevention—Including for the Infectious Disease Rapid Response Reserve Fund (IDRRRF​)and Global Health Security

a. CDC is at the front lines of America’s domestic and international response to the coronavirus. This funding is needed to strengthen critical support to state and local health departments, bolster laboratory work, and more.

Other activities, like the evacuation of American citizens from China, deployment of CDC staff to states and ports of entry, and the purchase of protective and laboratory equipment and supplies, have been supported by the IDRRRF, depleting this fund.

2. $3 billion for the Public Health and Social Services Emergency Fund

a. The Public Health and Social Services Emergency Fund helps drive our nation’s medical and public health preparedness for, response to, and recovery from disasters and public health emergencies. These funds would ensure our Department of Health and Human Services has the resources need to do the job and help contain the spread of this new virus.

3. $2 billion set-aside for State and Local Reimbursement

a. State and local health departments are on the front lines of the coronavirus outbreak. Many cities, like New York, have already spent millions on personnel, lab equipment, and supplies. Additional expenditures are expected to include supplies for hospital triage and isolation spaces, as well as lab testing. Additionally, there’s significant need for staff and other resources to support the public health and healthcare response, including implementing the federal quarantine order. These activities require around-the-clock staffing, temporary housing, transportation, cleaning contracts, and wrap-around services.

4. $1B for the USAID Emerging Health Threats—Emergency Reserve Fund

a. The global health community is actively fighting the dual threats of Ebola and coronavirus in the midst of a potentially severe influenza season. This global response is a resource intensive effort. The international effort, led by the United States, is severely underfunded. The Emergency Reserve Fund allows USAID to respond to emerging health threats that pose severe risks to human health.

5. $1B for the National Institutes of Health—Vaccine Development

a. For the preclinical and clinical development and testing of vaccines and other medical countermeasures for the coronavirus.

Calvin John Rodriguez, 40, of Hillside Avenue, New York City, is charged with: criminal contempt in the second degree; obstructing governmental administration; two counts of criminal possession of a controlled substance in the seventh degree; criminally using drug paraphernalia in the second degree; and possession of a hypodermic instrument. On Monday (Feb. 24), the Genesee County Sheriff's Office was investigating a violation of a duly served order of protection. Deputies located the suspect -- Rodriguez -- who allegedly had made threatening gestures toward the protected party and acted in a manner contrary to the provisions set forth in the order of protection. During the interview with deputies, he allegedly attempted to flee the encounter and resisted as deputies attempted to perform their lawful duties. He was taken into custody and charged with criminal contempt in the second degree and obstructing governmental administration. The investigation led to the execution of a search warrant at an address on Park Road in the Town of Batavia. During the search, methamphetamine, prescription medications and drug paraphernalia were located, allegedly possessed by Rodriguez. He was arraigned the next day in Batavia City Court on the charge of second-degree criminal contempt -- a qualified offense under the new Bail Reform Law, and the other charges. He was put in the custody of the Genesee County Sheriff's Office in lieu of cash bail or bond. He is to appear in both City and Town of Batavia courts at a later date. Assisting in the investigation were members of the Genesee County Drug Task Force, Sheriff's Sgt. Michael Lute, Deputy Brock Cummins, Batavia Police, along with the GC District Attorney's Office. Rodriguez was also charged with petit larceny in connection with an incident that allegedly occurred the afternoon of June 8 at Kohl's department store on Veterans Memorial Drive in Batavia. He received an appearance ticket and is due in Batavia Town Court on March 5 to answer that charge. The petit larceny case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

Last evening at Le Roy High School the Oatkan Lady Knights advanced to the Class B2 quarter finals with a win over Attica Blue Devils 69-57. The Knights jumped out to a 12-point lead 27-15 led by Bryn Luckey and a three-pointer from each Hailey Johnson and Jillian Curtis. 

Through the second quarter, Attica held better defense and juniors McKenna Jarnot and Mary Weber both added three-point buckets to keep the Blue Devils in the half only down by 10 points.

The Knights held a strong defense keeping Attica’s top scorer McKenna Jarnot scoreless in the quarter, which kept the momentum scoring points from Luckey, Condidorio and Logsdon.  Score 52-37 after three quarters.

Attica, backed against defeat, did not give up and Jarnot hit four three-pointers in the final quarter to bring the Devils within six points. But the Knights sophomore guard Kailyn Tresco answered back with two three-point buckets of her own. 

Le Roy’s Brynn Luckey finished with 25 points; Amara Condidorio and Kailyn Tresco each had nine points. McKenna Jarnot scored 21 points, Weber 13 points for the Attica Blue Devils.

The Le Roy Knights play this Friday against second seed Avon on their home court, game time 7 p.m.

To view or purchase photos click here.

Heavy snow is expected tonight through tomorrow afternoon throughout Western New York.

A winter storm warning has been issued from 10 p.m. through 1 p.m. Thursday.

Snow accumulations of five to nine inches are expected with winds from 45 to 50 mph, which is likely to result in blowing and drifting snow.

The National Weather Service warns that travel will become difficult with very poor visibility and snow-covered roadways. The hazardous conditions will impact the Thursday morning commute. Gusty winds could bring down tree branches.

Graphic: Accuweather.

Town of Alabama officials decided Monday night to table a proposed change to the noise ordinance regarding windmills and instead refer the matter to the town planning board to take up during the development of a new comprehensive plan.

Supervisor Robert Crossen said given the impossibility of establishing a baseline for ambient noise for existing windmills, it's not possible to come up with an adequate ordinance for how loud a windmill can be.

He suggested the zoning code might need to be amended for siting windmills.

"To me, distance solves sound," Crossen said. "So when the planning board revises the law -- currently we are allowing it one and a half times the height of the property line, and that may be too close."

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Press release:

Join the Genesee County Master Gardeners as they “Catch the Gardening Bug.” They will be offering four gardening-themed programs from 6 to 8 p.m. on different dates this spring. If you are looking for garden inspiration and know-how to apply to your own garden, check out these classes.

March 31 -- “Seed Starting 101” -- Starting plants from seed is a great way for gardeners to take their hobby to the next level. There’s something incredibly satisfying about seeing a plant blooming in your garden or harvesting a vegetable from a plant that you once held as a tiny seed in your hand. It also opens the door to thousands of new varieties that you may never find at the local nursery. Starting your own seeds can be intimidating, but with the right tools and timing, seed starting is remarkably fun and easy. Registration is required by March 25.  Fee $10 per person.

April 7 -- "Oh Canada!" -- Come travel across Canada and enjoy a variety of their gardens -- tulips in Ottawa in the spring, summer in the prairies, fall in Vancouver, and winter at the Royal Botanical Gardens in Ontario. Registration required by April 1. Fee is $5 per person

April 22 -- “Everybody Loves Hostas!” -- Hostas have lush foliage and are usually grown for their impact in the shade garden. Even better, these perennials are reliable, easy to grow, and readily available. We will discuss the different types of hostas and how to best grow them including diseases, division and more. Lavish photos will show different hostas as well as ideas for landscaping. Be careful! What starts out as just one or two plants can quickly grow into a passion for collecting. Registration required by April 15. Fee $10 per person.

April 29 – “The Power of Flowers in Your Garden” -- Supporting pollinators is a vital conversation point in the gardening community. Join the discussion on developing a garden rich in biological diversity that supports pollinators indigenous to our region. The presentation will look closely at key garden elements that support the birds, bees and butterflies that pollinate our gardens. Registration required by April 22. Fee $10 per person.

All classes will be held at the Genesee County Cornell Cooperative Extension at 420 E. Main St., Batavia. Preregistration is required as class size is limited and classes may fill up.

Contact Rachel at 585-343-3040, ext. 101, or stop by the extension office to register. Visit the extension's website at: http://genesee.cce.cornell.edu/events for more information.

A Statement by Assemblyman Steve Hawley:

“This is an unprecedented attack on the autonomy of our local governments," Assemblyman Steve Hawley said. "If the people who live in our towns and villages Upstate have no say when it comes to something as fundamental as land use, what rights can they reasonably expect to maintain?

"Of course Cuomo’s wealthy donors in the energy industry want him to be able to handpick their projects and situate them wherever is best for them. That doesn’t mean the governor should go along with it. 

“I’m all for green energy projects that work for local residents, local governments and local economies. Giving the governor total, unilateral control would be a grave mistake. I’ll be fighting this misguided proposal, and I’ll be working hard to make sure it’s not included in our final budget plan."

Press release:

Six alumni and two retired Batavia teachers will be inducted into the Batavia City School District’s Musicians of Note Wall of Fame on the evening of Thursday, March 26.

Those being honored for making a significant impact in their field include:

• Joseph Robusto, Class of 1965;
• Harold McJury, Class of 1968;
• Mark Schumann, Class of 1980;
• Patrick Jee, Class of 1996;
• Brian Isaac, Class of 2001;
• Alex Davis, Class of 2008;
• Melinda Hay, former music teacher in the District;
• and Kenneth Hay*, former music teacher, BHS band director and BCSD Music Department chairperson for 21 years. 

The celebration will be held at the high school and begin with appetizers from 5-5:30 p.m., followed by dinner.

The awards ceremony and concert will begin at 7 p.m. and will feature select alumni performing with BHS ensembles. Kenneth Hay will conduct a musical number performed by the BHS Jazz Ensemble, and Harold McJury will perform with the BHS Jazz Ensemble.  

Tickets for the event are $25/person. Tickets to attend only the awards ceremony and concert are $10/person.

To reserve tickets, please contact Lisa Brown at Batavia High School (585-343-2480, ext. 2000).

Payment can be made by cash, or by check payable to Batavia Music Boosters.

Ticket with dinner reservations must be made by March 13. If only attending the ceremony and concert, tickets will also be available at the door.

Those wishing to make a donation for the Musicians of Note can do so through the Batavia City School Foundation Inc.

Batavia High School is located at 260 State St.

*Ken Hay was nominated last year but deferred his award until now.

Batavia Development Corporation Executive Director Andrew Maguire borrowed a line often used by his counterpart at the Genesee County Economic Development Corporation on Monday night as he outlined accomplishments and goals of the City-funded agency charged with attracting and facilitating investment.

“Economic development is a marathon, not a sprint,” Maguire said, echoing to a certain extent the message conveyed by Steve Hyde, GCEDC president, in his public addresses.

Maguire, a lifelong Batavian and former clerk-treasurer for the Village of Oakfield, was named to the post on Nov. 18.

He has had to absorb much information in that time as the City of Batavia is in the midst of negotiations to advance several projects that are part of the $10 million Downtown Revitalization Initiative, along with other business-friendly loan and grant programs.

Over the past few years, Batavia has come up with different strategies to spur new development and investment, including remediation of Brownfield Opportunity Area districts, Revolving Loan Fund and Grant programs, New York Main Street Grant program, and the Batavia Pathway to Prosperity Fund PILOT*-- repurposing agreement forged by the five taxing jurisdictions (City of Batavia, Genesee County, Batavia City School District, GCEDC and BDC).

“New development is about what will make Batavia attractive to all entrepreneurs,” Maguire said, adding that the success of these programs can bring about a “Live, Work, Play” lifestyle that young professionals are seeking.

Maguire said the City’s population of 14,396 is projected to decrease considerably over the next 20 years, with about 5,000 less citizens in the 25 to 64 age range. But, he said, that effective economic development could turn things around for a community that has 2.3 million people and 67 colleges within a 60-mile radius.

“HP Hood is set to hire 200 to 250 50 employees, which will double its workforce,” Maguire said, adding that about 75 percent of those who work in the City don’t live in the City.

He also pointed out that the housing situation in Batavia is less than optimal as more than half of housing units are more than 50 years old and “in need of substantial rehabilitation.”

“Industrial growth is outpacing housing (construction),” he said, factors not conducive to attracting millennials who are opting for a “more simplistic lifestyle.”

Maguire said he believes the City is poised for a burst of economic development as long as the DRI projects reach the ground-breaking stage in the near future and the Business Improvement Fund Grant investment reaps a projected three-fold harvest.

“The $10 million DRI projects (including Ellicott Station, Mall/City Centre, Healthy Living/Campus, Creek Park and Batavia Players theater) will result in $64.6 million in investments and the $600,00 BIF will generate another $2 million,” he said. “All programs combined are expected to bring in $72 million in capital investment to the City.”

Maguire, the lone paid employee of an independent agency governed by a board of directors and financially supported by the City, said “it is critical to not let this momentum stop … to increase the quality of life and attract new talent. More than ever, the City needs boots on the ground.”

* The acronym for Payment In Lieu of Taxes.

Photo -- Batavia Development Corporation Executive Director Andrew Maguire during Monday night's City Council meeting. Photo by Mike Pettinella.

Another criminal charge has been filed against a Western New York man who was released from custody Dec. 5 after admitting to stolen property charges in Genesee County Court.

Daniel Jon Lewis, 24, who has variously been listed as a resident of Lima, Chili, and with no permanent address, went on -- if the allegations against him are true -- a crime spree in Genesee County starting Jan. 1.

The latest charge against Lewis is petit larceny for an alleged theft at a residence on Stringham Drive, Batavia, just after midnight, Jan. 3.

Lewis is being held without bail in the Genesee County Jail on a felony robbery charge. He is accused of forcibly taking property from a person on Bank Street, Batavia, on Jan. 1. He was named as the suspect in that case and taken into custody late in January. By that time, he had allegedly committed a number of thefts and fled from police when allegedly caught in the act in the Haven Lane area.

When Lewis pled guilty to criminal possession of stolen property in the fourth degree as a second felony offender on Dec. 6, his attorney, Fred Rarick told Judge Charles Zambito that his client should be released from custody since, under terms of bail reform legislation taking effect at the start of the year, Lewis would be eligible for release while awaiting sentencing.

Neither Zambito nor District Attorney Lawrence Friedman contradicted Rarick's mistaken interpretation of the new law, but it appears that Lewis would not have been eligible for release under bail reform. CLARIFICATION: Lewis was eligible for release; however, his release was not mandatory.

Public Defender Jerry Ader brought the discrepancy to the attention of The Batavian after previous articles noted that Lewis was released from custody because of bail reform. While that may be factually correct, to the degree that was the understanding in County Court on Dec. 5, the truth is, Ader said, bail reform only applies to pretrial/preconviction defendants. 

"The pretrial bail reforms were no longer applicable to his case after he entered a plea of guilty," Ader said in an email to The Batavian. "The judge exercised his discretion when he decided to release Mr. Lewis to the supervision of Genesee Justice. He did not have to do so.

"He also had the authority at any time after Mr. Lewis was released to revoke that securing order and issue a new one, which could have included setting bail if he was not compliant with his release conditions."

Over the course of our discussion of the case, which included Ader reviewing the minutes of the Dec. 6 hearing, Ader asked that in reporting this clarification, we include his view: "I do not know whether the Court would have still released Mr. Lewis under supervision of Genesee Justice if Mr. Rarick had made the request after the plea was entered without any reference to the upcoming changes in the bail statutes. He may have been inclined to do it either way. You can’t tell from the record of the proceedings."

Lewis remains a person of interest, according to criminal justice sources, in the theft and police pursuit involving a Spectrum work truck Jan. 25. Lewis has reportedly been cooperating with investigators on several pending cases.

Previously:

• Two people charged with possession of lots of stolen items in Memorial Day bust in Pavilion
• Man found with stolen property pleads guilty, released from jail pending sentencing
• Police looking for white male with long hair involved in stolen truck incident and chase
• Law and Order: Lima man accused of stealing vehicle on Clinton Street Road, Batavia
• Since being released from jail due to bail reform, man charged with two more crimes, person of interest in Spectrum truck theft
• New charges for man who allegedly went on crime spree after release from jail because of bail reform
• Criminal released because of bail reform faces another set of stolen property charges