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A two-vehicle accident is reported at 105 W. Main St., Batavia.

Traffic is blocked, but no injuries are reported.

City fire and Mercy EMS responded. Batavia PD on scene.

Reader Don Norton shared this picture from a fender-bender accident this morning about 11 o'clock on Clinton Street near Aldi's.

Shortly after midnight, the New York State Assembly passed an omnibus bill that clears up a logjam of legislative initiatives legislators had been wrangling over and which threatened funding for municipal governments, including Genesee County, the City of Batavia and the towns and villages.

This morning County Manager Jay Gsell said the passage of the bill was a good start.

It still needs to pass the Senate, which is expected to return to session today to take up the bill.

Local governments were in danger of losing as much as $8 million in revenue without an extension of a portion of sales tax charged in the county. The state charges a 4-percent sales tax. The county has permanent authority to charge 3 percent, but the next 1 percent must be periodically renewed by state legislation. Typically, it's been automatically renewed every two years, but this year it was held up when the extender legislation was wrapped into legislation to also extend mayoral authority over schools in New York City.

The omnibus bill extends the sales tax for three years.

It also authorizes the naming of a new multibillion-dollar bridge spanning the Hudson River after Gov. Mario M. Cuomo, father of Gov. Andrew Cuomo. 

The bill also provides $50 million in relief for victims of Lake Ontario flooding.

The Batavia Concert Band opened its 2017 season Wednesday evening in Centennial Park with John Bailey conducting.

The season continues with outdoor concerts at the park every Wednesday at 7 p.m. through Aug. 9.

A Montclair Avenue resident who was caught in the act of burglarizing a business on State Street Road, Batavia, in April, entered a guilty plea in County Court on Wednesday to a Class E felony of attempted burglary.

The plea deal gives Ann Capuano, 32, a chance to complete a substance abuse program and have her conviction reduced.

In April, Capuano entered the business on State Street Road and when confronted by the owner and an employee, brandished a knife. She then fled on a bicycle and was apprehended by a police a short time later.

Enter terms of the plea, Capuano was released under supervision so she could be transferred from jail to a residential rehabilitation program in Buffalo.

She will also be evaluated for a program called a judicial diversion, which could have her case transferred to Drug Court.

She is scheduled to appear in County Court again July 24 for a hearing on her potential eligibility for judicial diversion.

A customer intervened this morning when an apparent shoplifter attempting to make off with a cart full of tools at Home Depot tried to load them into his vehicle.

The suspect reportedly struck one person with the vehicle -- no word on injuries -- and also hit two other cars while fleeing the scene.

The suspect vehicle was later located on the Thruway by State Police, but the suspect has not yet been located.

The incident was reported at 9:52 a.m., at Home Depot, 4181 Veterans Memorial Drive, Batavia.

Several items were recovered and the Sheriff's Office is continuing its investigation.

Press release:

Congressman Chris Collins (NY-27) today announced $236,072 in federal funding for the City of Batavia Fire Department. The grant was awarded through the Department of Homeland Security’s (DHS) Assistance to Firefighters Grant (AFG) Program, which is designed to help first responders improve their capability to respond to fires and emergencies of all types.

“The AFG program helps community fire departments access federal funding to protect their members and keep the communities they serve safe,” Congressman Chris Collins said. “This is an excellent and prudent use of federal money and it provides a tremendous service to communities here in New York’s 27^th Congressional District.

"I was proud to work with the City of Batavia Fire Department to secure this $236,072 in AFG funding and thank them for the selfless service they provide.”

The City of Batavia Fire Department will use this $236,072 federal grant to purchase 25 Self Contained Breathing Apparatus (SCBA) air packs. This will provide the City of Batavia Fire Department with breathable air when responding to an emergency situation.

“This important grant funding will help us purchase equipment that will keep our firefighters safe and allow them to better protect the City of Batavia and surrounding communities,” said Stefano Napolitano, chief of the City of Batavia Fire Department.

“We appreciate Congressman Collins efforts on behalf of our local first responders and look forward to continuing to work with him to secure important grant funding for our department in the future.”

The AFG Grant Program provides direct funding assistance to fire departments, State Fire Training Academies, and non-affiliated EMS organizations to enhance their response capabilities and to more effectively protect the health and safety of both the public and emergency response personnel with respect to fire and all other hazards.

Press release:

Congressman Chris Collins and local Farm Bureau presidents applauded the Trump Administration’s decision to either rescind or revise the Waters of The United States (WOTUS) rule imposed by the Environmental Protection Agency (EPA) under the Obama administration.

“This rule was an example of reckless government overreach, that brought undue burdens to farmers in Western New York,” Collins said. “I was proud to lead the bipartisan effort in Congress to scrap the WOTUS rule and applaud President Trump and Administrator Pruitt for taking this common sense step to support our nation’s agriculture industry.”

Both Congressman Collins and Farm Bureaus located within New York’s 27^th Congressional District have been vocal in their opposition to the WOTUS rule. In May 2014, Congressman Collins led a bipartisan letter signed by more than 200 members of Congress to former EPA Administrator Gina McCarthy and Department of the Army Secretary John McHugh outlining concerns related to this rule. Congressman Collins believed the WOTUS rule was “built on incomplete scientific study and a flawed economic analysis” and formally requested the rule be returned to their respective agencies.

“Farmers are simply trying to provide for their family, community, and the nation, so it is unfortunate the federal government imposed this type of rule in the first place,” said Jeffrey Simons, president of the Erie County Farm Bureau. “Plain and simple, more federal regulations will make it harder for farmers to do their job. Today’s decision is a tremendous victory for Niagara County farmers, and I want to thank Congressman Collins for fighting on our behalf since the beginning.”

“The WOTUS rule was an overreach since it was first proposed and we’ve seen the negative impact it has had and would continue to have on our local agriculture industry,” said Christian Yunker, president of the Genesee County Farm Bureau. “In the end, common sense prevailed and everyone’s hard work has paid off. I appreciate all of Congressman Collins efforts—this is fantastic news for all of agriculture, not just here in Genesee County.”

“Today’s announcement is great news for Ontario County agriculture and will help to protect the future of our region’s family farms,” said Lisa Grefrath, president of the Ontario County Farm Bureau. “We commend Congressman Collins for his efforts to repeal this burdensome mandate and look forward to continuing to work with him on the issues impacting local family farms.”

“For the last three years, we have worked with Congressman Collins to end this unfair federal overreach and protect local farms. Today’s announcement is exciting news for local farm families,” said Joe Swyers, president of the Livingston County Farm Bureau. “We will continue to work with Rep. Collins regarding protecting the future of family farms in Livingston County and appreciate his efforts to end WOTUS. No one cares about more about our environment than local farmers that make their living on our land and we will continue to be the best stewards possible.”

“Today’s announcement is a win for New York’s agricultural community. Wyoming County is a top agricultural producer in New York State and the repeal of WOTUS will help ensure the future of farming in Western New York,” said Jeremy Northup, president of the Wyoming County Farm Bureau. “We commend Congressman Collins for his aggressive efforts to repeal WOTUS and will continue to work with him on the issues important to Wyoming County family farms.”

“When the WOTUS rule was first proposed, we knew this was a blatant overreach by the EPA,” said Jim Bittner, president of the Niagara County Farm Bureau. “This rule would have had negative effects on practically every piece of farmland here in Niagara County. Congressman Collins understood this from the beginning, because requiring farmers to get either the EPA or Army Corps’ approval before farming would have been a nightmare. We’re very glad to hear this rule will be rescinded."

The Sheriff's Office is investigating a single-vehicle accident that was reported about 1 a.m. at 2964 Batavia-Oakfield Townline Road, Batavia.

The driver, Kevin Veazey, 37, of Batavia-Oakfield Townline Road, was transported by Mercy EMS to Erie County Medical Center for treatment of his injuries.

Veazey's 2009 Chevrolet Silverado Pickup truck went off the roadway and hit a culvert. 

The Sheriff's Office reports that charges are pending.

Town of Batavia fire also responded to the scene.

Batavia, and specifically, the Batavia Industrial Center, is featured in a story out today in "Wired Magazine."

How a 1950s egg farm hatched the modern startup incubator

The article contrasts the Silicon Valley ethos of using incubators to find the next unicorn (companies with a valuation of at least $1 billion), companies that often disrupt (or damage) community-based businesses, against the original goal, and still the goal, of the BIC -- to nurture Batavia-based businesses that employ local people.

But the world’s first business incubator cared less about disrupting the global economy than about resuscitating its local one. It still does, in fact. Fifty-eight years later, the Batavia Industrial Center still operates in the same location and under the same defiantly local mandate. “Our job here is to help people create businesses and jobs in Batavia,” says Tom Mancuso, who now manages the facility.

Press release:

Father Ivan celebrated Mass at Resurrection Parish (St. Joseph site) to honor the 28 students who are moving on to high school in the fall.

Many of these eighth-grade students participated in their own Graduation Mass by saying the readings, reciting prayers and singing in the choir. A special moment of the Mass was when, after Communion, graduating eighth-grader Ariana deSa e Frias beautifully sang “Ave Maria” to everyone’s family and friends.

After Mass, Principal Karen Green, as well as many of the eighth-grade teachers, presented awards to honor all of these hardworking students.  Students received Honor Roll Awards, Music Awards, Excellence Awards as well as many other special Achievement Awards.

In addition, miore than $7,000 was given out in scholarships to those students attending Notre Dame High School in the fall. Congratulations to these St. Joseph Catholic School graduates!

A pedestrian has been struck in the parking of Home Depot on Veterans Memorial Drive.

Town of Batavia Fire Department and Mercy EMS responding.

Law enforcement is on scene.

UPDATE: The suspect vehicle left the scene. Police are looking for a red four-door Nissan, Virginia plates, which may have been heading to the Thruway. The driver is described as black and wearing a blue shirt and blue shorts.

In response to our request, Assemblyman Steve Hawley provided the following statement on the issue of extending the 1-percent addition to local sales tax:

“At this point, we know very little about whether the Legislature plans to congruently pass local tax extenders. The Senate has already passed the Genesee County 1% tax extender that will be in effect until November 30, 2019, as well as the Orleans County tax extender.

"But the issue is that Assembly leadership chose to pass all local tax bills in one omnibus bill this year, instead of separately as they have done in almost all years past. Genesee and Orleans counties will be looking at approximate $9.3 million and $3.8 million revenue shortfalls, respectively.

"Essentially, the Assembly is holding tax extenders hostage, claiming that they have already fulfilled their obligation to counties. We are not sure at this point whether tax extenders will be addressed in Wednesday’s special legislative session, but it is time to put politics aside and compromise in order to avoid a major fiscal deficit in Genesee and Orleans counties,” said Assemblyman Steve Hawley (R,C,I-Batavia).

Previously: Inaction in Albany could deliver $8 million revenue blow to local governments

Chad Allen Cooper, 21, of Emily Court, Bergen, is charged with three counts of criminal possession of a controlled substance, 7th. Cooper was allegedly found in possession of three different controlled substances while in the Genesee County Courts facility. He was jailed on $5,000 bail.

Cody Everett Carpenter, 24, of Rutgers Street, Rochester, is charged with DWI, driving with a BAC of .08 or greater and speeding. Carpenter was stopped at 9:46 p.m. Sunday on Route 77, Darien, by Deputy Ryan DeLong.

Local governments in Genesee County stand to lose $8 million in sales tax revenue for 2018 because the State Legislature has failed to pass legislation that would allow the county to collect an extra 1 percent in sales tax.

Every two years, the Senate and Assembly must pass legislation that allows Genesee County, along with 52 other counties in the state, to collect that extra 1 percent.

This session, that didn't happen, because of a tussle in Albany over extending mayoral control of New York City schools. The sales tax extension, along with extensions related to mortgage tax and bed tax, got caught in the crossfire.

County Manager Jay Gsell informed members of the County Legislature yesterday of the bad news, but this morning he said he was feeling hopeful after Gov. Andrew Cuomo ordered legislators to return to Albany for an extraordinary session.

The governor has the authority to order senators and assembly members to return to session, but he can't require them to take up the agenda he requests. It is Cuomo's wish, however, that legislators take up the NYC schools issue.

The hang up over the legislation appears to be in the Senate. This morning, we requested a comment from Sen. Micheal Ranzenhofer and have yet to receive a response.

In New York, the state has an across-the-board 4 percent sales tax. In the 1980s, the State Legislature allowed counties to impose a local 3 percent sales tax, in part, according to Gsell, to offset the new Medicaid mandate. Counties then had the option to tack on another 1 percent sales tax, but that tax must be reauthorized every two years.

Until this year, that reauthorization has been pretty much automatic.

In Genesee County, under current agreements, the county keeps half of the 4 percent in local sales tax, and the other half is divided between the city, villages and towns.

Prior to this morning's announcement by the governor, it didn't look like the Legislature would take up the extension issue until the fall, which Gsell said would be too late for the county's 2018 budgeting timeline, with a requirement for a completed budget by Thanksgiving for the County Legislature to approve.

UPDATE 11:58 a.m.: Daniel Aikin, spokesman for Sen. Ranzenhofer, provided this statement:

The New York State Senate approved legislation to extend Genesee County's sales tax on June 8th. It passed by a vote of 58 to 3. The existing sales tax extension expires November 30th of this year. The bill was delivered to the New York State Assembly on June 8th. Weeks later, the Assembly still has not taken action on the bill.

Unfortunately, the New York City dominated State Assembly failed to act, causing an unnecessary and avoidable budget issue for municipalities. If the State Assembly does not pass this legislation, then the budgets of cities, towns, and villages across Genesee County will be negatively impacted. Senator Ranzenhofer is hopeful that the State Assembly will take action before it is too late.

Press release:

Verona Avenue will close on Wednesday, June 28, between the hours of 7 a.m. to 3 p.m.

While work is being performed in this area, the roadway will be closed to all through traffic. Local traffic will be permitted to and from their residence/property but should plan accordingly for delays.

All residents within the work area are asked not to park on the roadway during the day.

This is weather-dependent work. If work is postponed it will progress on the next work day.

Please, plan accordingly and contact the Bureau of Maintenance with any questions.

Thank you for your cooperation in advance.

It wasn't really an overdose that killed Jason Lang, said his father Rick, but Jason's five-year battle with the dragon of drug addiction came to an end about 6:30 p.m., Saturday, when the 33-year-old local businessman stuck a needle in his arm and shot who knows what into his bloodstream.

Until State Police investigators receive lab results or the Medical Examiner produces an autopsy report, we won't know what substance Jason Lang injected in the final minutes of his life.

"Whoever gave that to Jason, whoever sold that to Jason, murdered him," Rick Lang said. "They plain out murdered him. I want that in the paper. They killed my son."

Rick and Jason both returned to their house in Batavia about 6 p.m., Saturday, Rick said. They grabbed the mail, and each took their portion and Jason said he was going downstairs and would be right back up. Rick said he sorted through his mail, opened a couple of bills, and then a friend stopped by and they chatted for a few minutes, then Rick started cooking supper.

He heard what sounded like the toilet flushing a few times, or the water going off and on, so he called down to Jason, and there was no answer. He went down the stairs a bit, called again, no answer. He went down into the bathroom and Jason was slumped over the bathroom vanity.

"He already looked a little bit, not the right color," Rick said. "I grabbed him and I shook him. He was still warm. I said, 'Jason Jason,' and I tried to wake him. He didn't respond. So I cradled him under his arms and lowered to the floor. I could see it in his eyes. They were blank looking. I said, 'my God, Jason, you're gone.' You know that's what I thought right away, 'you're gone. Buddy, what did you do?' "

Rick stood up and called 9-1-1.

"I see a syringe laying in the sink with the cap more than three-fourths full," Rick said. "It was like maybe a smidgen (used). Even the investigator said, 'My God, he didn't get hardly anything into him.'"

For years, Jason Lang ran a successful cab company in Batavia, Batavia Cab. He thought he was doing pretty good for himself, so he decided to expand his business interests, so he opened a smoke shop and tattoo parlor, the Laughing Buddha, on Ellicott Street.

This was right about the time synthetic marijuana and another class of synthetic drugs, often known as bath salts, were hitting the market. The drugs fell into a legal gray area, where they weren't controlled substances, but might be considered analogs to hard drugs including methamphetamine and cocaine. 

Seeing a business opportunity, Lang started selling the compounds in his shop.

At that time, he said in an interview last August, he had never used hard drugs.

After the State Police raided his store, he said, the store closed down and he lost $200,000 in inventory. He said he became depressed and bath salts, such as Amped, were easy to get at a new store that opened at 400 Ellicott St., the 420 Emporium.

In the spring and summer of 2012, synthetic drugs were a big story in Batavia. There were multiple reports of users engaging in bizarre behavior while high on bath salts. Jason was one of the users making the news, not just in Batavia, but throughout the region. His paranoia led to false reports of gunshots at a local hotel, of confrontations with law enforcement, and tales he told to local reporters of government conspiracies against him.

The mess her son was in drove Nicole Lang and her supporters to stage protests outside the 420 Emporium, which was part of a Rochester chain that was eventually raided and shut down by federal authorities.

Those law enforcement actions seem to have come too late for Jason Lang.

He switched to heroin. 

To support his habit, he started shoplifting. He hit big chain stores. When he reached the point where he had been banned from all the stores in Genesee County, he branched out to Erie County, Orleans County, and Ontario County, in an effort to never get charged with anything more than a petit larceny.

It wasn't long though before he had run out of stores to hit in the neighboring counties, and desperate, he returned to Ontario County.

Rick said local authorities have told him the District Attorney and judges there are particularly tough on petty criminals, that they often sentence people to 90 days in jail for petit larceny.

Jason returned to stores where he was previously banned, stole merchandise, and was charged with felony burglaries. He was sentenced to more than three years in prison.

That's just wrong, Rick said. He pointed to court clerks who stole more than $100,000; attorneys who embezzled more than $75,000; an official in Le Roy who took tens of thousands of dollars from his organization.  

They all got off with probation, what Rick considers a "slap on the wrist."

Yet, Jason, whom Rick said never got away with more than $5,000 aggregate in all his thefts, was given a multiyear prison term.

The justice system, he said, isn't treating drug addiction for what it is, a disease, but it's the users -- not the dealers, he said, not the embezzlers -- who are getting the harshest sentences.

"These people (the embezzlers) are not sick," Rick said. "These people are mentally alert, have no illness and they know exactly what they're doing. You know, it's greed. The justice system is wrong in the way they handle these cases."

While Rick is unhappy with how a local parole officer handled his son's case, contributing, he thinks, to the difficulty of Jason's recovery, he has nothing but praise for the State Police and Sheriff's Office.

Both troopers and deputies have been to the Lang household a couple of times in recent months. The first time, after Jason overdosed on, probably, cocaine, and then again a few weeks ago when he was hallucinating on bath salts.

The troopers and deputies helped save Jason's life those times, and on Saturday, it was a trooper who took over CPR from Rick once he arrived on scene.

"The state troopers, they are very gentleman-like, very professional, and the deputies, too," Rick said. "Very professional."

Rick Lang knows his son was an addict and he struggled with his addiction. Both father and son knew how dangerous that was.

On Father's Day, Jason wrote in his diary, "A great Father's Day. Feeling very blessed. Life has thrown me a lot of curve balls and I've survived through many storms. I recently had another drug overdose. I shouldn't be alive. But somehow I am still here."

Rick doesn't want people to remember his son as the drug addict. He wants Jason to be remembered as a small businessman who cared about his community and cared about people.

"He had a heart of gold," Rick said. "He loved all types of people. He loved law enforcement. He respected law enforcement. He respected people that were down and out and he'd run to help them. Like I said before, when he had Batavia Cab, many times some of his employees were low-income people, didn't have anything, and he'd buy the Christmas gifts and give them to the parents as a gift to each other for Christmas. He was that kind of guy."

In prison, Jason came to the aid of a young black prisoner who was being bullied by a white supremacist gang member. 

"He (the gang member) told him to get on his knees and that's when Jason stepped in and said, 'hey, knock it off,'" Rick said. "'Leave him alone. You know he's scared to death and that he's only a kid.'"

The white supremacist accused Jason of not sufficiently loving his own race, of being an (expletive deleted) lover. Jason said he didn't care about race, but mostly he didn't believe in picking on people and hurting them.

When the prisoners were back in line to head back to their cells, the gang member stabbed Jason in the leg with a pencil, breaking it off in his leg. There was a tussle, and the gang member ended up getting hauled off by the guards.

Jason Lang will receive a Mass of Christian burial at Resurrection Parish, 18 Ellicott St., Batavia, at 9:30 a.m., Friday. Calling Hours are Thursday (full obituary).

His family announced on Facebook today that Grab-A-Cab, the new cab company Jason started after he was released from prison, is being shut down.

Rick is sure Jason didn't want to die. His addiction scared him. He had recently started attending church and was moving toward a deeper spiritual bond with Jesus, Rick said. He said he told Jason if he wanted to save himself from his addiction, he needed to turn to Jesus. He's convinced Jason was headed in that direction. He said that if Jason had known what was in that needle, whatever it was, he never would have shot up knowing it would kill him.

Jason loved his family, Rick said. He loved his son, Lathan. Rick, Jason, and Lathan had been enjoying the spring and summer together fishing.

"He was just a damn good guy," Rick said. "You know, the addiction, that didn't make him a bad guy. He was a very good father. He loved his kid and his kid loved him."

Rick said he was mainly willing to talk about his son's death because he hopes maybe it will save some other parent the heartbreak he's been through. Something has got to be done about the drug epidemic hitting hard both in Genesee County and nationally, he said, but maybe if people know the story of people like Jason, it will help.

It was only near the end of our conversation that Rick Lang started to tear up.

"I hope to get my life back trying to find happiness," Rick said. "It's hard to find happiness when you lose someone that close to your heart. I'm proud of my son. I want to put that in the paper. I'm proud of him. He was one of my best friends. Ever. Now I don't have him. So, I hope. I hope."

Below, a poem Jason Lang wrote about heroin and a copy of his Father's Day diary entry.

A former Batavia High School student, a 2000 graduate, who joined the Marines and then returned to Western New York to become a Rochester police officer, is home with his family tonight, recovering from a wound sustained from a gunshot near his face.

Jeremy Nash was driving when a gunshot came flying into an unmarked patrol car on North Street near Clifford Avenue. 

He served in the Iraq Freedom and Enduring Freedom operations, is an 11-year veteran of RPD, and the father of a baby girl.

(Video by our news partner, 13WHAM.)

With a Spanish language translator assisting him, a man who violently slashed a woman with a knife on Wood Street in Batavia in March entered guilty pleas in County Court today to charges of second-degree assault, attempted robbery, and attempted escape.

Reynoldo Diaz-Ruiz will be sentenced to five years in state prison on July 27 under terms of the plea deal he accepted.

Meanwhile, he is being held without bail. The Department of Homeland Security has also placed a detainer on Diaz-Ruiz, who is a Mexican citizen and may be in the country illegally. He faces possible deportation once his prison term is completed. 

Diaz-Ruiz was arrested in late March after Batavia police responded to 8 Wood St. for a physical domestic incident and found a female victim with a laceration to her neck.

In acknowledging his guilt, Diaz-Ruiz admitted that his attack could have caused death to another person and caused serious physical injury. 

After being located, Diaz-Ruiz resisted arrested and was subdued with a Taser. 

When he was taken to Batavia PD headquarters, he attempted to take the sidearm from the transporting officer.

Dwayne Pearsall, 26, a Batavia resident with no permanent address, entered a guilty plea to sexual abuse in the first degree and criminal sexual act in the second degree in County Court this morning.

Pearsall was scheduled to appear for an evidentiary hearing in advance of a potential trial but decided to enter a guilty plea.

He admitted to abusing a child under age 14 in 2012 and a child under age 11 in 2015.

Pearsall was arrested in April and charged then with second-degree attempted rape, and two counts each of criminal sexual act and sexual abuse.

The potential prison term for Pearsall is seven years followed by 10 years on parole.

(Via our news partner, WBTA)