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MLB official lies about Muckdogs status in negotiating letter to MiLB

By Howard B. Owens

Major League Baseball officials are apparently spreading false information about the Batavia Muckdogs as part of a negotiating tactic to destroy professional baseball in 42 communities, including Batavia.

Daniel Halem, MLB's deputy commissioner, said in a letter to a Minor League Baseball official that the Muckdogs have been sold and are being relocated to another city.

That is not true, City Manager Marty Moore said. Moore has spoken both with the Muckdogs general manager and Ben Hayes, president of the New York Penn League. The league owns the team.

Moore said city officials and club officials are excited about the upcoming 2020 season after the team's most successful season in many, many years in 2019 when attendance averaged 1,165 per game, up from 785 the previous season.

In Halem's letter to MiLB's Pat O’Conner, he wrote:

The recent information we learned about the Batavia affiliate not only proves this point but, frankly, calls into questions whether MiLB is truly pursuing a strategy in the “best interests of our 160 community partners.” Batavia is a failing affiliate, with both facility and economic issues, that was put into receivership by the NY Penn League (which essentially owns and operates the team). New York State officials requested that MLB officials meet with Batavia community officials to discuss how to preserve baseball in Batavia. After we set up the meeting, we learned for the first time from multiple sources (but not MiLB) that the NY Penn League sold Batavia — presumably for millions of dollars — to an owner who intends to move the team to another city. While this transaction certainly benefits the NY Penn League owners who may split millions in proceeds by selling an asset with no intrinsic value, we fail to see how it is in the “best interests” of the citizens of Batavia or MLB owners, whose minor league players endure unreasonable travel burdens because MiLB permits its affiliates to hopscotch around the country for purely economic reasons.

Moore said at no point have MLB officials contacted him or anybody else in the City of Batavia.  

Contrary to Halem's letter, if the team is ever sold, its "intrinsic value" would be split between the NYPL, the Rochester Red Wings (who operated the team for 10 years in exchange for equity in the club), and the Genesee Community Baseball Club, a community organization that would return its share of the proceeds to the community.

New charges for man who allegedly went on crime spree after release from jail because of bail reform

By Howard B. Owens
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        Daniel Lewis

The Genesee County Sheriff's Office this morning announced additional charges against a man who was released from custody in early December because of the new cashless bail system and since at least Jan. 1 has allegedly been involved in a crime spree in Batavia.

The new charges against 24-year-old Daniel Jon Lewis include eight counts of criminal possession of stolen property, 4th, 13 counts of criminal possession of stolen property, 5th, and unlawful possession of a personal identification number.

Deputies Jordan Alejandro and James Stack arrested Lewis this morning as the result of an investigation of an incident reported at 11:53 p.m., Jan. 24. On that date, Lewis was taken into custody following a foot pursuit in the Haven Lane area of the Town of Batavia and deputies received a report of a man trying to gain entry into vehicles in the area of Rollin Circle East.

When Lewis was taken into custody, he was allegedly found in possession of a number of items believed to have stolen from parked vehicles, including credit cards and a checking account number.

At the time of his arrest this morning, Lewis was being held in the Genesee County Jail on a robbery charge. Lewis is accused of using a knife to menace and take property from a person on Bank Street on New Year's Day. Lewis was charged two days ago with the robbery following an investigation. Under the bail reform law, robbery is a qualifying offense for bail, so unlike the other alleged crimes of January, authorities were able to hold Lewis.

The night before the alleged Jan. 24 incident, Lewis was charged with grand larceny for allegedly stealing a vehicle on Jan. 3 in the Town of Batavia. On that charge, Lewis was released on an appearance ticket.

On Jan. 25, a person stole a Spectrum work truck and following a pursuit on Oak Street, managed to evade capture. Chief Shawn Heubusch said Lewis is a person of interest in that incident.

On Dec. 6, Lewis entered a guilty plea to criminal possession of stolen property. The charge stemmed from his arrest in Pavilion earlier in 2019 where he and another person were found sleeping in a vehicle that contained a cache of stolen property, apparently taken from unlocked vehicles. He has not yet been sentenced on that charge but because of the bail reform law, Judge Charles Zambito released Lewis from custody pending his sentencing.

Video: Todd Crossett talks about retirement after 22 years with Batavia PD

By Howard B. Owens
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Todd Crossett spent 22 years with the Batavia Police Department, most recently as assistant Chief of Police. He's retiring and taking a job at the VA Center. We spoke with him briefly at his retirement party today.

Nate McMurray calls on Chris Jacobs to renounce NRCC 'smears'

By Howard B. Owens

Press release:

Nate McMurray, Democratic candidate for Congress, blasted the National Republican Congressional Caucus (NRCC) for launching a childish smear campaign just hours before he was unanimously endorsed for the upcoming special election.

“I grew up in Western New York and I know the people here a lot better than a bunch of out-of-touch Washington insiders who only care about lining their own pockets at the taxpayers' expense," McMurray said. "I know how hard folks here work, and frankly we are all sick and tired of being pawns in a partisan political game that seeks power for the sake of power.

"These same enablers who supported an indicted criminal just to keep NY-27 red are brazen to believe they have any credibility with the good people here."

The National Republican Congressional Caucus (NRCC), which is supporting McMurray's opponent, issued a statement yesterday calling McMurray a “deranged socialist loser."

“With money from corporate PACs, Washington lobbyists and billionaires, they insult the people of our region with this behavior," McMurray said. "They do not represent us and we cannot afford to continue to go without sensible and ethical leadership here. I reject the NRCC’s reprehensible behavior, and I call on my opponent Chris Jacobs to denounce it as well so that we can debate the issues like adults, draw contrasts between our resumes, and let the voters of NY-27 pick the best candidate for the job.

"Is that the best they can do? Immature, mean-spirited insults? Instead of talking about jobs in one of the worst job markets in the country, health care when countless Americans are going bankrupt over medical bills, they have the audacity to perpetuate hateful rhetoric that is representative of the extremely divisive state of politics today.”

Scholastic Bowl: Le Roy, Attica, Alexander all notch wins

By Howard B. Owens

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In Thursday's lone match in the Scholastic Bowl, Le Roy scored 240 points to beat out Pembroke, 210, and Notre Dame, 190.

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In Wednesday's first match, Attica outscored Batavia 280 to 270. Pavilion scored 20 points.

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In Wednesday's second match, Alexander beat Oakfield-Alabama 300 to 220.

Democrats come together to 'meet the candidates,' say they're energized, ready for 2020 campaigns

By Howard B. Owens
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Local Democrats were pleased, elated, really, with the turnout Thursday night at Moon Java for a Meet the Candidates event.

Nate McMurray, running for the NY-27 in the anticipated April 29 special election, and three candidates vying for the nomination for the 61st State Senate District in the June Democratic primary were on hand for the event.

Moon Java was filled to capacity to hear from the candidates.

Micheal Plitt, chairman of the Genesee County Democratic Committee, said local Democrats have a record number of volunteers signed up for this campaign season.

"I think the blue wave will continue," Plitt said.

Vehicle pursuit in progress on the east side of the city

By Howard B. Owens

Police are in pursuit of a vehicle on Clinton Street Road, Batavia, heading into the City.

The vehicle left the roadway in the area of Terry Hills. Several mailboxes were knocked down, according to the dispatcher.

An officer reported that it stopped near East Main but then it apparently took off again.

UPDATE 6:46 p.m.: An officer reports the driver is passed out behind the wheel at Clinton Street Road and Terry Hills Drive. Mercy EMS is dispatched for a possible overdose.

Since being released from jail due to bail reform, man charged with two more crimes, person of interest in Spectrum truck theft

By Howard B. Owens
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       Daniel Lewis

Daniel Jon Lewis got his get-out-of-jail-free card on Dec. 6 after pleading guilty to criminal possession of stolen property.

Judge Charles Zambito reasoned that Lewis would be eligible for release Jan. 1 under terms of New York's bail reform law and that Lewis apparently could live with his father in North Chili while awaiting sentencing on his felony conviction, that Lewis should be released from custody that day.

Today, Lewis was arrested on a charge of robbery in the first degree and menacing for allegedly using a knife to steal property from a person on Bank Street, Batavia, on New Year's Day.

Lewis was arrested Jan. 23 and charged with grand larceny for allegedly stealing a vehicle Jan. 3 in the Town of Batavia.  

Following that arrest, he was released on appearance ticket in accordance with New York's new law.

Chief of Police Shawn Heubusch confirmed this evening that Lewis is also a person of interest in the theft of a Spectrum work truck. The suspect in that case fled after being spotted in the truck.

When Lewis was arrested Jan. 23, his listed address was on Genesee Street in Lima. In the arrest announced today, he is listed as having "no permanent address."

He is currently being held in the Genesee County Jail on the robbery charge. Robbery is a qualifying offense, under the new state rules, for bail.

The Jan. 1 robbery was investigated by Officer Stephen Cronmiller and Det. Jason Ivison.

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Two men from out of the area, one with a gun, who fled police, released on appearance tickets

By Howard B. Owens
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     Denzell Johnson      Shafatiah Miller

Two Monroe County residents who fled from police after an attempted traffic stop Thursday night, who are now facing multiple felonies, including a weapons charge, were released on an appearance ticket per New York's bail reform law shortly after they were apprehended.

Denzell A. Johnson, 27, of Orange Street, Rochester, and Shafatiah H. Miller, 26, of Lake Avenue, Rochester, were reportedly in a vehicle on Ellicott Street when Deputy Ryan DeLong and Investigator Pete Welker, working as part of a coordinated enforcement detail, tried to initiate a traffic stop for an alleged traffic violation at 8:16 p.m.

The vehicle reportedly turned south onto Otis Street in an attempt to evade police and drove through a yard in the area of 255 S. Swan St. where the occupants jumped from the moving vehicle and ran. The suspects ran in different directions and officers engaged in a foot chase, with one of the suspects running across Jackson School property. Both suspects were located and taken into custody. The vehicle came to rest without incident.

Johnson allegedly had a handgun and a quantity of a controlled substance on him at the time of his capture.

He is charged with:

  • Criminal possession of a weapon on school grounds, a Class E felony;
  • Criminal possession of a firearm, a Class E felony;
  • Obstruction of governmental administration 2nd;
  • Unlawful fleeing a police officer;
  • Two counts of criminal possession of a controlled substance, 7th;
  • Displaying a forged certification of inspection;
  • Inadequate lights;
  • Unlicensed operation;
  • Two counts of failure to stop at a stop sign; and,
  • Insufficient turn signal.

Miller is charged with:

  • Criminal possession of a controlled substance 3rd, a Class B felony;
  • Two counts of promoting prison contraband, 1st, a Class D felony;
  • Promoting prison contraband, 2nd; and
  • Unlawful possession of marijuana, 2nd.

Both suspects are expected in City Court at 1 p.m., Feb. 18.

Additional charges are pending further investigation.

Participating in the coordinated enforcement effort on Thursday were the Local Drug Task Force, Sheriff's Office, Batavia PD, Le Roy PD, the Department of Environmental Conservation, NYS Probation, NYS Parole.

Video: Copperhead Creek opens with country vibe, friendly atmosphere

By Howard B. Owens
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Patrick Mandia grew up in a family of restaurateurs -- the Pok-A-Dot, Sunny's, the Red Carpet, Pontillo's -- and after 15 years of working as a DJ at the former Billy Goat's he thought it might be time for him to own his own tavern.

At first, his wife, Carrie Mandia, thought it a rather risky idea. But as they talked, she realized she trusted her husband and trusted her own business background.

"You only live once," she said.

The couple has completely revamped the former Billy Goat's location and turned it into a county-themed bar, Copperhead Creek.

Rochester man pleads guilty drug and weapon charges

By Howard B. Owens
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       Darius Jones

A man facing a pair of felony indictments will likely serve seven and a half years in prison under terms of a plea deal he agreed to in Genesee County Court today.

Darius Jones, 27, of Rochester, entered a guilty plea to the lesser included offense of criminal sale of a controlled substance, 5th. (He was originally charged with the same crime in the third degree.) He faces two-and-a-half years in prison for that conviction. He admitted in court that he possessd a controlled substance in the City of Batavia on Feb. 22 with the intent to sell it.

Jones also faced a weapons charge stemming from a traffic stop where a pistol was found under the seat of the car he was sitting in.

To a charge of attempted criminal possession of a weapon, 2nd, Jones entered a guilty plea on an Alford basis, which means Jones told Judge Charles Zambito that he couldn't admit to the facts of the crime as charged but he realizes that based on the evidence presented by the prosecution, he would likely be convicted at trial. The Alford plea affords Jones the opportunity to accept a plea deal without admitting to the crime in order to receive the benefits of a plea offer.

On the weapons charge, Jones will likely be sentenced to five years in prison.

The two terms will run consecutively.

Jones also admitted to being a second felony offender and a second violent felony offender. He was convicted of grand larceny in Monroe County in 2014 and of criminal possession of a weapon in Monroe County in 2010.

Pending sentencing, Jones was released from jail on his own recognizance, with no objection from District Attorney Lawrence Friedman. Sentencing is set for 9:30 a.m., April 6.

Amherst resident enters race for 61st Senate District

By Howard B. Owens

Submitted photo and press release:

Jacqualine Berger, a labor activist, and current Town Board member and Deputy Supervisor in the Town of Amherst, formally enters the race for the 61st Senate District.

Berger was first elected to the Amherst Town Board in 2017 and was the top vote-getter that year. In 2020, she was appointed Amherst Deputy Supervisor.

Berger is no stranger to serving the community. She’s spent her career as an educator, currently teaching at SUNY Empire State College, and a labor leader, locally and nationally, through her work with New York State United Teachers and American Federation of  Teachers. Berger has a master’s degree in Early Childhood and Special Education from Tulane University. She’s a lifelong advocate for individuals with special needs, running a local Challenger Baseball program for children and adults with disabilities since 1991. In 2019, Empire State College awarded Berger the Altes Prize for Exemplary Community Service.

Berger believes she has the qualifications and ability to bring representation to the 61st Senate seat that encompasses parts of Erie, Monroe, and Genesee counties. She promises to utilize her position in the Democratic Senate majority to bring attention and State resources to the district and work with local municipalities to assess their needs. She cites the need for updated resources in school districts and improvements to aging infrastructure throughout the district as major proponents of her campaign.

“It is extremely important to the Town of Amherst that we have a State Senator who shares our values and understands our community. As an Amherst Town Council member and Deputy Town Supervisor, Jacqui Berger possesses the knowledge of our area and the skills to be an excellent and effective Senator in the 61st District,” said Assemblymember Karen McMahon.

In her role as Town Boardmember, Berger works directly with New York State to secure funding for projects throughout Amherst. Recently, she aided efforts to secure $783,000 for the Sattler Dellwood Park Green Infrastructure and Storm Water Project. Amherst will use the funds from this Green Innovation Grant Program to construct a bio-retention area, porous roller hockey rink and a porous parking lot.

Town of Amherst Supervisor Brian Kulpa stated his support for Berger, “As an educator, Jacqui is a champion for students, and as Deputy Supervisor, she is a champion for Amherst residents. She takes taken bold actions to improve Amherst, and I’m confident that her values will make her a champion for this Senate district. I am proud to support her.”

Berger is a resident of Amherst, where she’s lived with her family for the past 32 years. In addition to her work in the town and with labor, she serves as liaison to Nature View Park Advisory Committee, Planning Board, Youth Board, Recreation Commission, and Zoning Board of Appeals.

After 30 years of dealing with both the mundane and critical calls, Steve Robinson steps away from the dispatcher's mic

By Howard B. Owens

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In 30 years as an emergency dispatcher, Steve Robinson has probably handled every imaginable kind of call, first with the City of Batavia and later with the Sheriff's Office -- lost cats, petit larcenies, fires, train derailments, overdoses, homicides, and everything in between.

It's a tough job but on the night of his final shift, he said he is glad he chose the job he did as a young man.

"It's been an amazing career," Robinson said. "I've made a lot of friends -- with other dispatchers, judges, DAs, police officers, EMS, fire -- everybody involved in the whole process. I couldn't have asked for a better career for 30 years. It's not pretty sometimes. We deal with a lot of unpleasant stuff, but we get through it and I appreciate everybody I've worked with, and I've gotten a lot of help over the years."

To be a good dispatcher, Robinson said, you have to be able to multitask. You can find yourself dealing with a police officer on the radio about one call while taking an emergency call from an unrelated incident on 9-1-1. 

"There is a lot of activity in the room and you can't rely on somebody else to answer your phone for you," Robinson said.

And because you're sometimes dealing with people in duress, at the worse time of their lives, or who are angry, you have to have good people skills to be a good dispatcher. You have to be able to stay calm, talk people through their situations and ensure first responders are kept safe.

"The people I work with, not just the dispatchers, but the first responders, we have a bond because nobody else understands what we do," Robinson said. "In this job, unless you do it, you can't understand what we deal with and that is what bonds us."

In retirement, Robinson will still be around, and not far from the career he's loved. He will continue to work part time for Batavia PD as a desk clerk.

"I'll keep a hand in the business," Robinson said. "I'm not totally walking away."

Farm in Alexander received $127K grant from National Grid

By Howard B. Owens

Press release:

National Grid has approved an economic development grant totaling $127,000 to offset costs related to an upgrade to three-phase electricity power at McCormick Family Dairy Farm in Alexander.

As part of an upgrade, the owners of the farm are planning to install new equipment that will keep their 2,500 cows healthy, save the company money and add power to run fans, motors and improve product quality.

“We frequently work with small businesses and agribusiness customers that are looking to grow but may be limited due to lack of three-phase power at their site,” said National Grid Regional Director Ken Kujawa.

“McCormick Family Farms had examined other potential alternatives to meet their new and growing electricity needs. By working with them, it was determined that three-phase power is the appropriate solution to meet the farm’s electric load.”

The grant was made through National Grid’s Three-Phase Power Incentive program, which provides grants to fund the extension of three-phase electricity service to eligible National Grid customers.

More information about National Grid’s economic development programs is available at www.shovelready.com.

Blue Devils lose at home, 58-42

By Howard B. Owens
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Even though Pittsford-Sutherland had a size advantage down low, the Blue Devils kept their home game Wednesday night close until the third quarter.

Then Pittsford-Sutherland's guards started dropping threes like gumdrops in a five-and-dime. 

Drew Kull, Jalyn Moorehead and Owen Flisnik combined for seven makes beyond the arc and sealed the deal of a 58-42 win for the Knights.

For Batavia, the only player in double digits scoring was Alex Hale with 11 points. Zach Gilebarto scored nine, Caeden White, eight, and Camden White scored seven.

The Blue Devils are now 7-6 on the season.

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Pickup truck stolen in Pavilion, owner looking for help in recovering it

By Howard B. Owens

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A family in Pavilion would like to get their 2003 Chevy Silverado back.

It was stolen at 5:20 this morning.

It's dark gray/black with a light bar, and a plow mount (the plow was not attached at the time it was stolen). The passenger side door handle is broken. There are glow lights under the truck and the front license plate is on the driver's side grill. There is a plastic toolbox across the bed of the truck.

Whoever stole the truck apparently headed north on Roanoke Road because there was sheet steel in the bed of the truck that fell out.

State Police took the stolen vehicle report. The State Police can be reached at (585) 344-6200. A friend of the owner, Jessica Wolcott, can be reached at (585) 815-3625.

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By Howard B. Owens

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Driver of car struck head-on in East Pembroke accident dies at ECMC

By Howard B. Owens

A woman who was driving an SUV struck head-on on Route 5 in East Pembroke yesterday morning has died, according to the Genesee County Sheriff's Office.

Patricia L. Dzienciol, 50, of Akron, succumbed to her injuries at the Erie County Medical Center.

Dzienciol was driving a 2015 Nissan Rogue westbound in the area of 2700 Main Road at 7:14 a.m. when 1997 Mercury sedan crossed over from the eastbound lane and struck her vehicle. The Rogue traveled off the north shoulder and overturned in a roadside ditch.

The driver of the Mercury, Kathleen Swanekamp, 84, of Roswell Avenue, Tonawanda, was cited for allegedly driving at a speed that was not safe nor prudent and for failure to stay in the right lane.

At the time of the accident, snow was falling and roadways were wet and slushy. East Pembroke Chief Don Newton said the conditions made it difficult for volunteers to respond to the scene both quickly and cautiously.  

UPDATE: Audio on the video (finally) fixed.

Four people seriously injured in early morning crash in East Pembroke

By Howard B. Owens
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One of the drivers involved in a serious injury accident at 7:14 a.m. on Route 5 in East Pembroke was cited for two alleged traffic violations following an investigation into the collision.

Kathleen A. Swanekamp, 84, of Roswell Avenue, Tonawanda, was cited for allegedly driving faster than was safe or prudent for the conditions and for failure to stay in the right lane of traffic.

According to the accident report prepared by Deputy Nicholas Chamoun, Swanekemp was eastbound on Main Road east of Barrett Road when her 1997 Mercury sedan crossed into the westbound lane.

The car collided head-on with a 2015 Nissan SUV driven by Patricia Dzienciol, 50, of Golden Pond Estates, Akron. Dzienciol's vehicle overturned in a ditch on the north shoulder and East Pembroke Chief Don Newton said it was a lengthy process to extricate her from the vehicle.

Swanekamp had two passengers: William J. Danek, 26, and Daniel Cordner, 42. A passenger in the rear seat of Swanekamp's sedan also required extrication.

All four patients were taken to the trauma center at ECMC.

CORRECTION: Earlier we listed the registered owner of the SUV, not the driver. The driver was Patricia Dzienciol.

UPDATE: Audio corrected on the video.

Video: Students at St. Joe's stretch their imaginations with annual 'Slime Off'

By Howard B. Owens
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As part of Catholic Schools Week on Sunday, St. Joe's held it's third annual "Slime Off."

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