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Man who menaced Batavia cop with fake pistol was tardy to court today, but got two-month sentencing delay

By Billie Owens

Photo and story by Alecia Kaus/Video News Service.

Brandon R. Fogg, 32, who pulled a fake BB gun out during a tussle with Batavia Police Officer Darryle Streeter in June, showed up late to Genesee County Court this morning, shortly after a warrant was issued for his arrest.

The Batavia resident pled guilty to first-degree menacing, a Class E felony, in Genesee County Court on June 21.

Fogg admitted then he intentionally put a person, Batavia Police Officer Darryle Streeter, in danger by displaying a black imitation BB pistol during an altercation with Officer Streeter on Ellicott Street near Cedar Street about 12:30 a.m. on June 5.

Officer Streeter had observed Fogg in the passenger seat of the vehicle being operated with an illegal tire and conducted a traffic stop as Fogg was wanted in a trespassing incident.

During the stop, Fogg attempted to flee from Officer Streeter.

Officer Streeter was able to take Fogg to the ground, where he began to fight with Officer Streeter.

Fogg pulled a BB pistol from his pocket and tried to turn it toward Officer Streeter. An employee of a local business observed the struggle and was able to step on Fogg's wrist, which made him lose his grip on the imitation gun. Officer Streeter was subsequently able to take Fogg into custody.

For the second time this month, Fogg’s sentencing was delayed so he could participate in a substance abuse program at the GCASA -- Atwater House.

GCASA – Atwater Home provides a structured, chemical-free environment for men and women in recovery from drug and/or alcohol addiction and is located on East Main Street in the city.

On Aug. 1st, Judge Charles Zambito delayed sentencing and allowed Fogg to participate in a 21-day drug treatment program in Bradford, Pa.

Fogg was being held at the Genesee County Jail without bail, he was released under supervision to his mother on Aug. 1st.

According to Fogg’s public defender, Jamie Welch, Fogg completed the program in Bradford on Aug. 22 and was discharged. He has since been staying at a halfway house at the Atwater House.

Fogg was scheduled to appear in Genesee County Court for sentencing this morning (Aug. 26), but Fogg was not in court at the appointed time and Welch did not know his whereabouts. Judge Zambito then issued a warrant for his arrest.

After showing up at 10 a.m., Judge Zambito recalled the warrant and the case proceeded.

After the case was recalled, Welch requested a two-month adjournment on sentencing to see how Fogg does in the program. He told Judge Zambito he was hoping for a sentence of five years probation.

Judge Zambito agreed to the two-month adjournment and requested reports from the program at Atwater House.

“I would like to know as soon as he is finished or if he was terminated from the program,” said Judge Zambito.

Zambito then warned Fogg if he was terminated from the program a warrant for his arrest would be issued.

“Considering the seriousness of the offense, there are no promises from me, you are working towards avoiding a state prison sentence.”

Fogg is scheduled to appear for sentencing at 1:30 p.m. on Oct. 30.

For previous coverage of Brandon Fogg and the incident involving Officer Darryle Streeter:

Citizen assists officer in struggle with suspect who allegedly pulled weapon from his pocket​

Batavia man accused of using BB gun to menace city cop pleads guilty​

Man who menaced cop with BB gun given chance for drug treatment​

Nineteen arrests made at Saturday's Florida Georgia Line concert at Darien Lake

By Billie Owens

The following people were arrested by the Genesee County Sheriff’s Department during the Florida Georgia Line concert at Darien Lake Performing Arts Center on Saturday, Aug. 24. They were issued appearance tickets for Sept. 10 in Darien Town Court.

Creighton W. Schreyer, age 18, of Albany Street, Fort Erie, Ontario, Canada arrested for false personation and petit larceny after allegedly stealing a bottle of alcohol from a vending stand inside the venue and then providing false information of his identity. 

Candice C. Gray, age 29, of East 37th Street, Hamilton, Ontario, Canada arrested for petit larceny after allegedly stealing a bottle of alcohol from a vending stand inside the venue.  

Laurel G. Natale, age 21, of Forest Hill Road, St. Catherines, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Claire E. Stavina, age 21, of Valencia Drive, St. Catherines, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Austin M. Cappa, age 25, of Sherri-Lee Crescent, Fonthill, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Brayden L.J. Stortz, age 23, of 1st Avenue, Welland, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Paul R. Walker, age 60, of Wheatland Center Road, Scottsville, arrested for second-degree harassment after allegedly attempting to strike a deputy.  

London A. Dickson, age 21, of Route 238, Warsaw, arrested for third-degree criminal trespass after allegedly entering the concert venue after being ejected and told not to return. 

Brandon M. Rogers, age 24, of Indian Trail, Williamsville, arrested for obstructing governmental administration in the second degree and second-degree harassment after allegedly elbowing a deputy in the chest and then attempting to flee to avoid arrest.  

Scott H. Child, age 20, of Henderson Road, Wellandport, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

A 16-year-old female, of Phelps Road, Corfu, arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Samantha A. Goucher, age 22, of Cooper Street, Cato, arrested for fourth-degree criminal mischief after allegedly damaging a tarp belonging to Live Nation. 

Abigail L. Leonti, age 21, of Barnes Road, Port Byron, arrested for fourth-degree criminal mischief after allegedly damaging a tarp belonging to Live Nation. 

Phil J. Lafreniere, age 25, of North Main Street, Warsaw, arrested for petit larceny after allegedly stealing a bottle of alcohol from a vending stand inside the venue.  

Braeden R. Doust, age 22, of Apulla Road, Jamesville, arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Miranda M. Jachimiak, age 40, of Liberty Street, Bliss, arrested for second-degree harassment after allegedly shoving a Darien Lake employee. 

Justin P. Crandall, age 36, of Liberty Street, Bliss, arrested for two counts for second-degree harassment after allegedly shoving two Darien Lake employees. 

Samantha A. Mikos, age 24, of 7th Street, Niagara Falls, arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Adrian J. Puchalski, age 49, of South Edwards Avenue, Syracuse, arrested for respass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Kiss concert: A Canadian man was the only person arrested

By Billie Owens

From the Genesee County Sheriff's Office:

One person was arrested by the Genesee County Sheriff’s Department during the Kiss concert at Darien Lake Performing Arts Center on Friday, Aug. 23.

Richard Quesnelle, age 51, of Carl Road, Port Colborne, Ontario, Canada, arrested for second-degree harassment after allegedly pushing another patron to the ground. 

He is due in Darien Town Court on Sept. 3 to answer the charge.

Oakfield man arrested after fleeing pickup stuck on railroad tracks that was hit by train in Corfu

By Billie Owens

From the Genesee County Sheriff's Office:

The Genesee County Sheriff's Office investigated a report of a motor vehicle struck by a train at 12:29 a.m. on Sunday, Aug. 25.

The incident occurred on the railroad tracks between Depot Street and Water Street in the Village of Corfu and was reported to the Genesee County Emergency Dispatch Center.

Upon arrival, patrols observed a CSX freight train stopped on the railroad tracks that appeared to be traveling west. A black 2015 GMC Sierra pickup truck was also observed on the railroad tracks with damage to the rear of the truck.

It appeared that the GMC attempted to cross over the tracks and bottomed out, coming to a rest on the north railroad track. That is when the CSX freight train struck the rear of the truck, pushing it off the tracks.

The GMC did not appear to be occupied; however the occupants were reported to have fled the scene by witnesses. No injuries were sustained or reported as a result of the incident.

After further investigation, Brendan M. Kotarski, 27, of Oak Street in Oakfield, and a female passenger were located and found to be the sole occupants of the 2015 GMC Sierra.

Kotarski was later identified as the operator and was administered standard field sobriety tests. Kotarski was allegedly found to be intoxicated and was charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; reckless driving; leaving the scene of a property damage accident; and reckless endangerment in the second degree.

He was released and scheduled to appear in Corfu Village Court on Sept. 9.

The incident was investigated by Corfu Police Officer Kevin Koscielniak, Officer Peter Scanio and members of the CSX Railroad Police Department. Assistance at the scene was given by Genesee County Sheriff's Sgt. Andrew Hale, Deputy Erik Andre, Deputy Kenneth Quackenbush, and Deputy David Moore, along with members of the Corfu Fire Department.

City fire hydrants to be flushed and tested this week north of Main, West of Bank

By Billie Owens

From the City of Batavia Fire Department:

The City of Batavia Fire Department will be flushing / testing fire hydrants on Tuesday, Aug. 27, Wednesday, Aug. 28, and Thursday, Aug. 29 from about 9 a.m. to 3 p.m. in the general area north of Main Street and west of Bank Street.

Homes and nearby businesses will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if yopur water appears discolored. If you do see discoloration of your water, run cold water for about five minutes or until clear.

Lockport woman identified in Saturday's fatal crash in Darien

By Billie Owens

Photo courtesy of Alecia Kaus/Video News Service.

From the NYS Police, Troop A, Batavia:

DARIEN -- Shirley Bane, 68, of Lockport, was killed Saturday in the Town of Darien after she failed to stop at a stop sign at the intersection of Harlow and Sumner roads.

On Aug. 24, at 3:11 p.m. troopers out of SP Batavia responded to a two-vehicle collision at that intersection.

Further investigation revealed that Bane's 2017 Buick was traveling northbound on Harlow Road and failed to stop at the stop sign at the intersection of Sumner Road.

The 2015 Dodge pickup truck was traveling westbound on Sumner Road and struck the 2017 Buick on the passenger side.

Bane was pronounced at the scene by the Genesee County Coroner. Occupants of the Dodge pickup were transported to a hospital and treated for nonlife threatening injuries.

The Bureau of Criminal Investigation and the NYSP Collision Reconstruction Unit assisted in this investigation.

For previous coverage of the accident, click here.

Muckdogs fall 10-3, remain in first place by half-game

By Billie Owens

Submitted photos and press release:

The Batavia Muckdogs dropped a game to the Williamsport Crosscutters, 10-3 to start a three-game home stand but retained the half-game lead of first place as West Virginia lost on Sunday as well.

Batavia (37-31) had eight hits but Williamsport was powered by shortstop Bryson Stott, the first round draft pick this year of the Philadelphia Phillies, who went 3-for-5.

Batavia's offense was led by Milton Smith II who had two hits while Troy Johnston had a RBI double and scored, Nic Ready, Sean Reynolds, Harrison Dinicola and Andrew Turner had hits.

Eli Villalobos struck out four in three innings while Joey Steele struck out three in two innings.

The Muckdogs are home tonight and the park will be "barking" for the 7:05 for Pups in the Park. It's the "dog days of summer" so there will be $1 and $2 food and drink specials.

The first 1,000 fans will receive a free tumbler from Genesee Orthopaedics and UMMC.

Tuesday is a special 11 a.m. start as it is Senior Day and all general admission tickets are $2 and it's a bonus Pups in the Park Day.

Tickets are available at muckdogs.com or stop by the Dwyer Stadium Ticket office between 10 a.m. and 5 p.m. during the week. The number is 585-483-3647.

Photos: There were 90 members of the Western New York Muckdogs at the game Sunday -- Kids Day. They ran out with the players for the National Anthem (top photo) and talked to players like Troy Johnston (27) (bottom photo).

Photos: Batavia Downs Family Fun Day and Wiener Dog Races

By James Burns

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Batavia Downs had its annual “Family Fun Day” this afternoon, with the highlight being the Wiener Dog races.

Eighty dogs had entered for 10 heats with one final race, that was again this year, a photo finish.

Dallas owned by Kristy Hody (Dallas is pictured below) came from behind and won the Dachshund Dash by a nose in a near three-way tie. 

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Dallas is a first-time winner of the race. He had a little light trainng in the days preceding the event and is seen here with his favorite treat, a carrot.

Apparently Dallas’s athletic training regiment will not allow for him to have a higher calorie snack even after a victory. 

There was also face painting, games, magic, and pony rides for the kids during the normal Sunday harness racing meet. 

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Kitchen fire reported at Northside Meadows Apartments, Batavia

By Billie Owens

A kitchen fire is reported at the Northside Meadows Apartments at 335 Bank St.. City fire is on scene. The apartment has been evacuated.

UPDATE 6:55 p.m.: They are trying to find a phone number for a building rep, so dispatch can call and request them to the scene. A former tenant advises a poster listing contact information is inside a hall in the building.

September events at Genesee County Park & Forest and DeWitt, preregister

By Billie Owens

There are several adventures offered next month at Genesee County Park & Forest and DeWitt Recreation Area. These September recreational opportunities include: a Full Moon Hike; Orienteering with the Rochester Orienteering Club; Geocaching at DeWitt; and Learning About Wild Turkeys.

Here are the details:

Orienteering at the Genesee County Park & Forest with Rochester Orienteering Club

Come explore the active and adventurous sport of Orienteering at the Genesee County Park & Forest with Rochester Orienteering Club from 9 a.m. to 1:30 p.m. on Saturday, Sept. 14th. Beginner class and basic training takes place from 9 to 10 a.m. Orienteering start is open 10 a.m. to 12 p.m. All courses close at 1:30 pm.

Learn how to find your way without batteries or a cell phone signal – by using a map and compass. All material provided no experience necessary.

Orienteering is a family friendly sport for people of all ages and ability levels. Perfect for individuals and families who love the outdoors. Please preregister online here; or by calling 585-344-8508, ext. 3701, and leaving your name, phone number, and number of participants.

Harvest Moon Night Hike at the Genesee County Park & Forest

Come join us on a night hike through a moonlit forest with our Harvest Moon Night Hike at the Genesee County Park & Forest from 7:30 to 9 p.m. on Saturday, Sept. 14th.

Look and listen for nocturnal animals that can’t be seen or heard during the day! Hear tales of the full moon that comes at the beginning of fall, and learn the origins of its name.

Cost is $5/person, $10/family. Preregistration required, call 585-344-8508, ext. 3701, and leave your name, phone number, and number of participants to reserve your spot.

Geocaching at DeWitt Recreation Area

Get out and try a high-tech scavenger hunt with our Geocaching at DeWitt Recreation Area program from 1 to 3 p.m. on Saturday, Sept. 21st.

Geocaching is a worldwide treasure hunt game that can be played anytime and anywhere. Create a personal alias or team name to let others know you were here. Sign up as a group or by yourself. No prior geocaching experience is necessary, a lesson and GPS unit is provided.

Dress for the weather and be ready for adventure! Meet at Pavilion 3 at DeWitt Recreation Area.

Cost is $5/person, $10/family. Preregistration is required. Call 585-344-8508, ext. 3701, and leave your name, phone number, and number of participants to register.

Wild Turkeys at the Genesee County Park & Forest

Did you know that wild turkeys can swim? Or that they can fly 55 miles per hour? Join the National Wild Turkey Federation and Women in the Outdoors for Wild Turkeys at the Genesee County Park & Forest Interpretive Nature Center from 1 to 3 p.m. on Saturday, Sept. 28th to learn more cool facts and find out how turkeys survive in the wild.

Then head out to the forest and fields to practice turkey calls and see where they can live! This program is FREE! Recommended for ages 8 and up. Preregistration required. Reserve your spot by calling 585-344-8508, ext. 3701, and leaving your name, phone number, and number of participants.

For more information visit the park & forest website here, or contact the park office at 585-344-8508.

Genesee County Park and Forest is located at 11095 Bethany Center Road, East Bethany.

DeWitt Recreation Area is located at 115 Cedar St. in the City of Batavia.

Hunter falls out of tree stand in Morganville

By Billie Owens

Stafford and Le Roy fire departments are called to rescue a hunter who fell out of a tree stand and is injured in the area of Mullen and Morganville roads. A friend of his called the dispatch center to report it a few minutes ago.

The area where he is located is said to be in a northeasterly direction, east of the creek, "way out in the woods," and west of Route 237. The dispatcher is trying to recontact the caller.

Mercy medics are roadside, awaiting directives. Le Roy's ATV unit is called to respond.

UPDATE 12:50 p.m.: Mercy Flight is called to land in a nearby field.

UPDATE 12:59 p.m.: The victim has been located and command calls for a rescue basket to put him in to bring him to the field.

UPDATE 1:02 p.m.: Mercy Flight has landed.

UPDATE 1:12 p.m.: Rescuers are inbound with the injured hunter in the basket.

UPDATE 1:27 p.m.: The patient has been extricated from the woods.

UPDATE 1:36 p.m.: Mercy Flight is airborne, heading to Strong Memorial Hospital in Rochester.

UPDATE 1:46 p.m.: The Stafford assignment is back in service.

Law and Order: Medina woman accused of robbery, impaired driving, drug possession, harassment and more

By Billie Owens

Susan L. Murray, of Medina, no age or address provided, is charged with: third-degree robbery; driving while ability impaired by drugs in the third degree – first offense; fourth-degree criminal mischief; four counts of criminal possession of a controlled substance in the seventh degree; second-degree aggravated unlicensed operation of a motor vehicle; and second-degree harassment. She was arrested Aug. 22 after Genesee County Sheriff’s deputies responded to a call about two people yelling at each other on Route 63 in the Town of Alabama, just south of the Genesee Orleans County Line. She was found to have an active bench warrant for her arrest out of the Orleans County Sheriff’s Office. She was taken into custody and a search was conducted. It is alleged that Murray had four different kinds of controlled substances in her possession. A license check allegedly revealed she was driving with a suspended driver’s license. It is further alleged that a victim interviewed by deputies reported that Murray forcibly took property consisting of a cell phone and money by means of unwanted physical contact and then prevented the victim from calling emergency services. Field sobriety tests were done and she was taken to Genesee County Jail and processed. There she was evaluated by Batavia Police Detective M. Wojtaszek, a certified drug recognition expert, who found her to be impaired by drugs. She was arraigned in Town of Batavia Court and put in jail in lieu of $5,000 cash bail. The investigation is ongoing and additional charges are pending. The investigation was conducted by Genesee County Sheriff’s Deputy Brock Cummins, Deputy Ryan DeLong, Deputy Kevin Forsyth, and New York State Police.

Zachary Thomas Breissinger, 20, County Line Road, Darien, is charged with third-degree criminal mischief. He was arrested Aug. 23, arraigned in Darien Town Court and released under supervision of Genesee Justice. It is alleged that at 6:58 p.m. on Aug. 22 on County Line Road in Darien that Breissinger intentionally damaged property belong to another person in an amount exceeding $250. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Travis DeMuth.

Stacey Lynn Eastman, 32, of West Main Street Road, Batavia, is charged with petit larceny and aggravated unlicensed operation of a motor vehicle in the third degree. She was arrested on Aug. 23 following the investigation of a larceny that occurred at Walmart in Batavia at 4:09 p.m. She was issued appearance tickets and is due in Town of Batavia Court on Sept. 9. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Muckdogs win series with State College, but fall in final game, 1-0

By Billie Owens

Above and below: Muckdogs catcher Dustin Skelton was an offensive bright spot for Batavia Saturday night going 2-for-3.

Submitted photos and press release:

The Batavia Muckdogs had outstanding pitching Saturday night but could not get a run across in a 1-0 loss to State College (Pa.).

Batavia (37-30) keeps the half-game lead in first place in the New York-Penn League Pinckney Division as West Virginia (36-30) lost to Auburn.

Batavia is home today at 5:05 p.m. as it is Kids Day at the park.

Easton Lucas had a strong start for Batavia, throwing a no-hitter with one strikeout through 3.2 innings allowing two walks and no runs.

Bryan Hoeing took the hard-luck loss, giving up one run in 3.1 innings with two strikeouts and no walks. Josh Simpson tossed two shutout no-hit innings.

The offensive bright spot for Batavia was catcher Dustin Skelton who had two hits. Skelton was an 18th-round draft pick of the Miami Marlins out of Mississippi State.

Harrison Dinicola and Julian Infante had hits.

Batavia is also home on Monday at 7:05 p.m. and Tuesday is a special 11:05 a.m. start.

Tickets are available at muckdogs.com or stop by the Dwyer Stadium Ticket office between 10 a.m. and 5 p.m. during the week. The number is 585-483-3647.

UPDATED with photos: Crash with injuries reported at Sumner and Harlow roads, Darien

By Billie Owens

Photos courtesy of Alecia Kaus/Video News Service.

A truck vs. SUV accident with injuries is reported at Sumner Road and Harlow Road. One person in a vehicle is reportedly unresponsive. Darien Fire Department and medics are responding with law enforcement.

UPDATE 3:19 p.m.: A first responder reports the accident is not blocking traffic.

UPDATE 3:23 p.m.: Corfu Fire Department is called to the scene.

UPDATE 4:15 p.m.: Tow trucks are called.

UPDATE 4:24 p.m.: This is a confirmed fatality accident. State police are handling the scene. The roadway is going to be shut down for accident reconstruction by the Crash Management Team. According to Alecia Kaus/Video News Service at the scene, an SUV was northbound on Harlow Road when the female driver failed to stop at the stop sign at Sumner Road. The SUV driver, who was the sole occupant, was pronounced dead at the scene. Her SUV was T-boned by a pickup truck headed west on Sumner. The three occupents of the pickup were transported to a hospital with minor injuries. Trooper O'Callaghan will have a press release later with additional information.

UPDATE 4:35 p.m.: Traffic control is requested to the scene.

UPDATE 5:11 p.m.: Scene commander say roads are shut down completely at Sumner and Harlow. They are also stopping traffic at Reynolds Road and Fargo, and at Route 20 (Broadway Road) and Harlow. Campers at Darien Lakes State Park are being told about the road closures.

UPDATE 10:25 p.m.: NYS Police Troop A in Batavia confirms that notifications have been made to family members. So therefore, we are able to publish photos of the vehicles involved in the crash, courtesy of Alecia Kaus/Video New Service. As noted previously, Trooper O'Callaghan will have a press release later with additional information.

Le Roy teen and her horse Trouble Skip N Town win Reserve Award at NYS Fair

By Billie Owens

Photo and information from reader Judy Anderson:

SYRACUSE -- Miranda Gallo, 13, of Le Roy, and her horse Trouble Skip N Town won the American Quarter Horse Association Level 1 Youth Champion Reserve Award at the New York State Fair.

Miranda and Trouble Skip N Town competed in Halter, Showmanship, Western Pleasure and Western Horsemanship.

They are under the guidance of trainer Jeff Steer (in photo above with Miranda) at The Homestead in Ionia. The Homestead Team brought home many other championship awards this past week from the AQHA Show at the fair.

The young equestrian has just returned home from showing her horse. She is the daughter of Jason and Amanda Gallo in Le Roy.

"It's well deserving," said her grandmother Judy Anderson this afternoon. "It's hard work, that's for sure. She's very dedicated to her horse."

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