Skip to main content

City Council discussion focuses on ways to handle neighborhood disturbances, violations

By Mike Pettinella

City Councilwoman Rose Mary Christian says the City needs to get tough with landlords and homeowners when disturbances that put employees in jeopardy arise, but just how to proceed can be complicated.

That was the gist of a discussion among council members, a city attorney and the police chief at Monday night’s Conference Meeting at City Hall.

“I’m tired of policeman getting hurt and firemen being threatened,” Christian said, referring to several incidences in recent months where police have had to be called.

She also called for harsher local ordinances that deal with grass mowing, trash, home maintenance and vehicle storage – even outlining a plan that would start with a warning, escalate to a $500 fine and court appearance, and ultimately putting the matter into a judge’s hands.

“We need to hurt them in their pocket; we just don’t do enough,” she said. “If we start hurting them in their pocket, we’ll get somewhere.”

It isn’t as simple as that, however, said Council President Eugene Jankowski.

“I think we tried this before (holding the landlord responsible),” Jankowski said. “But evicting is a 30- to 60-day process, and then the renter goes ballistic and trashes the place. We have to arrest the resident.”

Attorney David Fitch, filling in for George Van Nest, said he felt the discussion “was conflating some different things” since code violations are handled differently than criminal violations.

“With code enforcement violation, as the city attorney we would prosecute, but can’t hold the landlord responsible,” he said. “The goal … is to get compliance – paint their houses, cut the lawns, take care of the trash.”

Fitch said if residents don’t respond, “judges in City Court have no problem issuing a hefty fine, up to $250 per day.”

Chief Shawn Heubusch mentioned a program where landlords can check into the backgrounds of potential tenants and also get a description of what took place at the property.

“At our last community meeting, we talked about landlord licensing,” he said. “People in dangerous situations won’t call police if they think they will get fined.”

Heubusch said he “understands where you’re coming from,” in response to Christian, “as our guys live it every single day.”

Jankowski noted the many delays in processing violations, but Christian said it goes beyond that.

“If there are drugs (involved), we can take possession of property. If the landlord is aware of possession of drugs or dealing, they can bring the landlord to court,” she said.

“We need something that has an effect on our community. I would hate to go through another summer like we had this year.”

Jankowski said that landlords can evict tenants when a crime is committed in their house, while Heubusch said cooperation from neighbors is a key component in cleaning up illegal activity.

Council referred several draft resolutions to its Business Meeting on Dec. 10, including:

-- Lead agency status in the State Environmental Quality Review determination and subsequent zoning change ordinance for parcels comprising the St. Anthony’s Church campus on Liberty Street and Central Avenue.

The zoning designation, stemming from a request from City Church (owners of the property), will be changed from R-3 Residential to C-3 Commercial to allow for business activities, including a proposal to move the Batavia Youth Bureau there.

“These are the final steps of the zoning change,” said Matt Worth, director of public works, who oversaw the issue while serving as interim city manager.

-- A local law to amend the City’s municipal code to make Thorpe Street a one-way street for southbound traffic only between Watson and Maple streets.

During a brief public hearing last night, Watson Street resident Ken Wolter said he hoped that the change works and asked Council to consider making Watson Street off of Evans Street one-way as well.

-- The extension of one-year – through Dec. 31, 2019 – three agreements with Genesee County concerning water supply, operation and maintenance, and facilities lease while leaders work on a longer-term contract in conjunction with a long-term sales tax agreement.

Worth said the extensions contain “minimal changes,” most notably the county charging the city an additional 60 cents per 1,000 gallons – up from the current 60 cents per 1,000-gallon surcharge – to help fund capital projects to increase the water supply.

Also, as far as the lease of the city’s water plant to the county is concerned, the new agreement would transfer it to the county once the plant is no longer being used.

“By doing this, it would not be a liability to the city in the future,” Worth said.

He also said he plans to talk to county officials about including a lead services clause in the water supply agreement.

-- Acceptance of a New York State Education Department grant for $10,000 and a State Aid Recreation Program grant for $1,000 to assist with the start-up of the Teen City project, a joint venture of the United Way of Genesee County, Genesee County YMCA, City of Batavia and City Church.

-- The transfer of $585,000 in unallocated funds to several restricted funds per recommendation of the City Audit Committee.

“Funding reserves now for future liabilities, equipment, infrastructure and facility improvements has been, and will continue to be, critical in avoiding larger tax burdens in future years,” Lisa Neary, deputy director of Finance, wrote in a memo dated Nov. 21.

The resolution calls for reserve funds to be increased as follows: $150,000 to DPW; $25,000 to Sidewalk; $75,000 to Administrative Equipment; $5,000 to Police Equipment; $40,000 to Fire Equipment; $10,000 to Dwyer Stadium; $50,000 to Facility; $80,000 to Compensated Absence; $50,000 to Workers Compensation; $75,000 to Retirement; and $25,000 to Parking Lot.

-- A new three-year lease (through April 1, 2022) with the New York-Penn League for the use of Dwyer Stadium for the league-owned Batavia Muckdogs.

The proposed lease is consistent with the most recent lease and calls for a $25,000 capital investment by the City into the facility annually, said Worth, who noted that league officials have yet to respond to the City’s draft of the lease.

Worth said the league paid for field and clubhouse improvements last season and continues to pay all utilities. He said that $80,000 is in the current Dwyer Stadium reserve fund.

DRI funds available for downtown property owners to make improvements

By Howard B. Owens

image004driarea_0.png
Press release:

The Batavia Development Corporation (BDC) announced today that applications for a $600,000 Building Improvement Fund are available to all building owners within the Batavia Improvement District (BID) as part of Batavia’s Downtown Revitalization Initiative (DRI).

Batavia is “All In” to reshape its urban core by embracing and celebrating its rich entrepreneurial history, fostering cultural appreciation and creating vibrant places for all to enjoy.

In alignment with the Batavia Downtown Revitalization Initiative (DRI) Investment Strategy the city will seek to foster more arts, culture and entertainment; healthy living and wellness; and prosperity for all.

“As co-chair of the DRI Local Planning Committee I am pleased that this building improvement fund is moving forward, and building owners interested in making investment can receive assistance through the $600,000 fund,” said Eugene Jankowski, City Council president.

The Building Improvement Fund was recommended as a priority by the DRI Local Planning Committee and included in the Batavia DRI Investment Strategy. Filling vacant and underutilized structures has been a common goal across many of Batavia’s planning documents including the Brownfield Opportunity Area (2015), the City’s Comprehensive Plan (2016) and the Downtown Revitalization Initiative (DRI) Investment Strategy (2018).

“The DRI is an amazing economic development tool to improve Downtown Batavia, help new businesses start-up, and existing ones thrive,” said Marty Moore, City of Batavia manager. “I will be working hard to ensure that we continue to support our local businesses and building owners.”

“The DRI Local Planning Committee is committed to seeing the recommended projects move forward in downtown Batavia,” said Steve Hyde, president and CEO of the Genesee County Economic Development Center (GCEDC) and co-chair of the DRI Local Planning Committee. “These are exciting times for Batavia, and the County, with so many investments in transformational downtown projects.”

Building owners selected for grants will be awarded between $10,000 (minimum) up to $200,000 (maximum) in DRI grant funds, per building, not to exceed 60 percent of the total building renovation project cost.

The funding is on a building-by-building basis and “in-kind” match is not eligible. Costs incurred prior to the effective date of the grant agreement are not eligible for reimbursement, and not eligible as a match.

“The fund has been established to provide grant funding for applicants to implement interior and exterior building improvements in Batavia’s BID. Buildings must be commercial and/or mixed-use structures, have a plan ready to implement and funding to cover the cost of the entire project up-front,” said Pier Cipollone, president of the Batavia Development Corporation.

Eligible activities including façade improvements, window/door repair and replacement, painting, masonry repair, awnings, building signs, exterior lighting, storefront upgrades, roofs, and interior upgrades (heating, plumbing, electrical, walls, floors). Applications are due by 4:30 p.m. on Jan. 18th.

Rachael Tabelski, director of Economic Development of the BDC said, “The BDC is looking forward to working with Downtown building owners, understanding their plans, and finding ways to advance improvements and renovations. With each new building that we save and repair there is an enormous social and economic impact on our City.”

Leanna DiRisio, interim director of the Downtown Batavia Improvement District said, “I look forward to working with BDC and the Downtown building owners as interim director. I am confident that the Building Improvement Fund is a great resource and will increase the momentum of downtown living, shopping and entertaining."

The BDC will host an information session about the Batavia DRI-Building Improvement Fund on Tuesday Dec. 18th at 9 a.m. in Council Chambers at City Hall. All building owners are welcomed and encouraged to attend.

Guidelines and the application can be found on the BDC website here.

CountryMax announces return to Batavia at former Office Max location

By Howard B. Owens

Press release:

CountryMax announces it will open a new Batavia store in 2019, in the former OfficeMax building located at 4160 Veterans Memorial Drive. The new Batavia location will become the 17th store operated by the local, Western New York family-owned business.

The 23,000-square-foot store will showcase multiple custom-built, wood-themed interior elements reflecting local history, as well as climate-controlled small pet rooms, a wild bird center, and more than 2,000 square feet of premium, healthy foods for dogs, cats, and pets of all shapes and sizes.

In addition to the massive selection of healthy pet options, the new location will feature a large selection of barn and stable feed and supplies, as well as an expansive lawn and garden offering for all seasons.

Additional features will include a “Scrub House” self-serve dog wash, special events room, and a custom-built wood lodge filled with homesteading products; beer, wine, cider, and cheese-making kits; housewares; gifts and novelty items.

CountryMax will be celebrating 35 years in 2019. It has grown by being known as the neighborhood store that can compete with competition both big and small, with prices and selection consumers have come to demand, as well as a customer service experience that goes above and beyond traditional expectations of today’s retail stores, such as their full carry-out service for purchases big and small.

“We were extremely disappointed when we shut our doors in our previous Batavia location because we knew that our customers in Batavia were so loyal in a location that did not fully showcase what we have developed our stores to be over the years,” said Brad Payne, director of sales. “Once we found the right opportunity, it was really just a decision on our part to give the Batavia community the 'true' CountryMax experience that we have been working on in our new locations.

"I think anyone who shopped with us in the past knows we have a huge, unique selection of products that fits the Batavia area, and they are going to be thrilled to see the amount of time, effort, and work that goes into creating the new CountryMax store experience.”

CountryMax, in business for more than 34 years, now operates 17 locations across New York State.

Possible house fire reported on Townline Road, Bergen

By Howard B. Owens

A possible house fire is reported at 7431 Townline Road, Bergen.

The residents are evacuating.

Bergen fire and Le Roy fire dispatched.

UPDATE 11:32 a.m.: A chief on scene investigating.

UPDATE 11:36 a.m.: Chief on scene reports possible insulation on fire from soldering. It appears contained at this time, responding units to continue. Churchville is also responding.

UPDATE 11:38 a.m.: Checking for extension.

UPDATE 11:44 a.m.: Units not yet on scene "can take it easy coming in," Chief says.

UPDATE 12:13 p.m.: Bergen and other assignments back in service.

Person struck by forklift in Elba

By Howard B. Owens

A person has been struck by a forklift at a location on Transit Road in Elba.

The victim is having trouble breathing.

Elba fire and Mercy EMS responding.

Mercy Flight is unavailable due to weather.

UPDATE 9:44 a.m.: Elba fire is back in service.

UPDATE: The patient was transported by ground ambulance to Strong, according to the Sheriff's Office. There is no further information available at this time.

Structure fire reported at Kaiser Wilcox in Bergen

By Howard B. Owens

bergenfirenov272018.jpg

A working structure fire is reported at Kaiser Wilcox Corp. at 7062 S. Lake Street Road, Bergen.

The fire has gone to a second alarm.

Bergen fire, Le Roy fire, City of Batavia's Fast Team dispatched. South Byron requested to fill in at Bergen.

City fire's third platoon requested to the station.

The company sells and repairs heavy construction, power and farm equipment, and lawn mowers, plus it sells supplies for them.

UPDATE(S) (By Billie) 11:06 p.m.: Mercy medics are called to the scene in non-emergency mode.

UPDATE 11:12 p.m.: Mutual aid is requested from Churchville, Mumford, and Brockport.

UPDATE 11:17 p.m.: "We could use more help," says fire command. The assignment has gone to a third alarm. A firefighter reports there is now fire in the second story of the building. Rehab for firefighters is being established.

UPDATE 11:21 p.m.: Elba is called to fill in at Bergen's fire hall. Command calls for electricity to be cut. One engine from Caledonia is asked to fill in at Le Roy Fire Hall.

UPDATE 11:30 p.m.: Due to a number of hazards present, Chili's rescue unit is called to the scene.

UPDATE 11:37 p.m.: Fire command has ordered all interior firefighters out of the building out of concern for their safety. "Be aware we have a steady flow of diesel fuel going into the water mixture here," reports a firefighter.

UPDATE 12:08 a.m.: National Grid has arrived to shut off the power.

UPDATE 12:32 a.m. (By Howard): An emergency management coordinator has asked dispatch to have a DEC representative call him.

UPDATE 12:37 a.m. (By Howard): Photos added, the only two I could get from the road. We weren't allowed in to get more photos. The chief, we were told, wouldn't be available to interview for an extended period of time. We'll try to get more information about the fire in the morning. There was no smoke showing at the time I left, and a minute ago there was discussion on the scanner of the fire investigation starting.

UPDATE 1:08 a.m.: Elba is responding to the scene. Earlier, Wyoming County Correctional Facility was unable to secure a crew to respond and assist with equipment pickup.

bergenfirenov272018-2.jpg

McMurray concedes election, promises to continue fight, run again

By Howard B. Owens

Statement released by Nate McMurray:

Good afternoon,
 
Nearly all the votes have been counted and Chris Collins will be returning to Washington to represent the people of New York’s 27th Congressional District. After discussing the matter thoroughly with counsel and weighing our options, we believe it’s in the best interest of this community to end this chapter and move on to the next.
 
I offer Mr. Collins my concession.
 
It was a hard decision. Part of me wants to fight. I can’t just smile and pretend this was all fair. And so my concession comes with a warning. Mr. Collins, you won by the slimmest of margins (less than half a percent), in a district designed to ensure anyone with an “R” next to their name, even an indicted criminal, could win a decisive victory.
 
Still, you almost lost. To win you had to resort to extreme measures—lying about me and my family, hiding from the media and the people you represent, and refusing to face me in the time-honored tradition of a public debate. Your strategy was by your own admission cowardice and partisan politics.
 
So I will be watching. We will all be watching. We are not going anywhere.
Together, with countless supporters across this district and throughout the country, we built something special. We ignored the naysayers and fought like hell for what we believed in.
 
We learned that at the grassroots level, the people have the power to break the political machine when we work together. We had the largest partisan swing of any first-time state or federal candidate in the country and one of the largest swings period. Together we set the foundation for incredible things to come.
 
We built this movement from the ground up via potlucks and picnics. I’m proud that we did this with little to no outside support. We raised over $1.2M in primarily grassroots donations in just over 3 months. Our campaign funds came from mechanics and farmers, school teachers, office workers, students, and senior citizens. There are few feelings more humbling than to have someone squeeze your hand at a campaign appearance, and tell you, “I just donated five dollars to your election. It’s all I can afford.”
 
For the first time in a very long time, the people of the 27th District felt that their voice was heard and that their vote mattered. My heart will not permit me to abandon those wonderful people.
  
So today, I am proudly announcing that I am forming an organization called Fight Like Hell. Fight Like Hell will be a voice for those thousands of Western New Yorkers who feel excluded, disenfranchised, and apathetic -- those who continue to reach out and ask what they can do, what’s next.
 
We want to take what we’ve learned and the tools and resources we’ve gathered and pay them forward by empowering more good people to run for office. I want more people to understand who their local leaders are (and how they can hold them accountable). Among other things, we will host Town Halls where residents will have a chance to share their voice, whether or not your Congressman thinks it’s important for you to do so or continues to hide
  
Beyond that. Mr. Collins' future in Washington remains murky. He says that he will finish his term, but as we know, Mr. Collins is not the best at keeping promises. Let me say it here first: when the time is right, I will run for office again.
  
I have met a lot of disappointed people since the election. I have felt a great deal of sadness. But be of good cheer. We are not what Mr. Collins represents. And we are not what the opportunistic politicians and pundits who supported him represent.
 
We ARE what those thousands of folks who stood up to him by standing on corners, writing postcards, and knocking doors in the cold represent. We ARE are what those Republicans who took a chance on a lanky Democrat represent. We ARE what the folks who are already gearing up for the next fight represent. Indeed, we ARE what America represents. We are hope, we are kindness, we are decency, and integrity.
 
Sure, we lost. But if we lost with integrity and fighting for Unions, the middle class, and healthcare for every American, so be it.
 
Stay strong. Protect it from the wind. But let that light glow.
 
With love, gratitude, and joy,
 
Nate

Generals Grant and Sherman discuss the Civil War in Dec. 5 play at GCC

By Billie Owens

Photo of GCC faculty Derek Maxfield and Tracy Ford, who will perform as generals Ulysses S. Grant and William Tecumseh Sherman.

Submittted photo and press release:

The History Club at Genesee Community College continues its Historical Horizons Series with a special homegrown performance! On Wednesday, Dec. 5, at 7 p.m. in a unique presentation, Derek Maxfield, associate professor of History, and Tracy Ford, professor of English, will present "Now We Stand By Each Other Always."

It's the portrayal of an engaging conversation between generals Ulysses S. Grant and William Tecumseh Sherman. The two-man play is based on historic resources and references.

Together, they recount the important meeting and conversation held at City Point, Va., in March 1865 when the two Union generals discuss the campaigns in Georgia and the Carolinas and consider how to close out the Civil War.

All lectures in this series begin at 7 p.m. in room T102 of the Conable Technology Building. All lectures are free and open to the public.

Law and Order: Basom woman accused of driving with a BAC of .18 percent or more and possessing cocaine

By Billie Owens

Daphne Sundown, of Basom, was arrested on Nov. 24 and charged with aggravated DWI -- with a BAC of .18 percent or greater, and criminal possession of a controlled substance in the seventh degree. Troopers responded to a report of a vehicle accident on Greiner Road at the intersection of Goodrich Road in Clarence. Investigation revealed that she rear-ended another vehicle that was stopped at the light. Sundown subsequently allegedly failed field sobriety tests. During a search a small amount of cocaine was found on Sundown and in the vehicle. She was released with a return court date in Clarence.

Isaiah P. Petty, 21, of Van Schoick Avenue, Albany, is charged with unlawful possession of marijuana and drinking alcohol in the motor vehicle on a highway. Petty was arrested at 3:30 a.m. on Nov. 24 on Main Street in Batavia following a traffic stop. Petty was issued an appearance ticket and is due in City of Batavia Court on Dec. 18. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Batavia Players announce 2019 schedule with 10 shows at Harvester Theater

By Billie Owens
Press release:
 
The Batavia Players will be performing 10 shows at the Harvester 56 Theater in 2019.
 
The 2019 season is full of variety and sure to appeal to a wide audience. New this season: performances of Shakespeare in Springtime will also take place in Wyoming County at the Wyoming Village Hall.
 
The Curious Incident of the Dog in the Nighttime
Directed by Patrick D. Burk
 
Friday, Jan. 25th & Saturday, Jan. 26th -- 7:30 p.m. & Sunday, Jan. 26th -- 2 p.m.
 
Curious Incident is a triumphant production that explores the abilities and coming of age of a young autistic teen and his ability to learn from the world. TONY-award-winning play.
 
On Broadway TEN – Saving the Best for Last
Directed by Kathy White
 
Friday, Feb. 22nd, Saturday, Feb. 23rd, Friday, March 1st & Saturday, March 2nd – 7:30 p.m. AND Sunday, Feb. 24th -- 2 p.m.
 
Featuring a very talented cast of all ages performing music from the decades of Broadway. Shows to include TONY Award winners: "Wonderful Town," "Bye, Bye Birdie," "Sweeney Todd," "Les Miserables," "Sunset Boulevard," "Jersey Boys" and "Hamilton."
 
Shakespeare in Springtime Presents: King Lear
Directed by E. Jane Burk
 
Friday, April 5th, Saturday, April 6th – 7:30 p.m. & Sunday, April 7th – 2 p.m.
Friday, April 12th & Saturday, April 13th – 7:30 p.m. Special performances at the Wyoming Village Hall.
 
One of William Shakespeare’s best-known tragedies, "King Lear" delves into the themes of family, greed and madness. With Norm Argulski as King Lear.
 
Hollywood Arms 
Directed by Heather Ferris
 
Friday, May 10th & Saturday, May 11th – 7:30 p.m. & Sunday, May 12th – 2 p.m.
 
Adapted from Carol Burnett’s best-selling book "One More Time" and cowritten by her daughter, Carrie Hamilton, this amazing dramedy looks at the lives of three strong women living with poverty. "Hollywood Arms" is based on the life of Carol Burnett and her much-mentioned grandmother and mother.
 
Mamma Mia!
Directed by Patrick D. Burk – Musical Direction by Kathy White
 
Friday, June 7th, Saturday, June 8th, Friday, June 14th & Saturday, June 15th – 7:30 p.m.
Sunday, June 9th & Sunday, June 16th – 2 p.m.
 
Bringing the famed ABBA musical to the stage after its 14-year run on Broadway will be quite the feat! The story features one woman, her soon-to-be-married daughter and three possible dads, along with a cast of incredible characters and a Greek island. "Mamma Mia!" is being staged in this area for the first time at the Harvester 56 Theater.
 
Seussical Kids
Musically Directed by Kathy White
 
Friday, July 19th & Saturday, July 20th – 7:30 p.m.
A tremendous end to our two-week Theater Kids Camp, "Seussical Kids" looks at the world of Doctor Seuss through the use of song, dance and laughter.
 
Newsies (Summer Youth Theater)
Directed by Patrick D. Burk, with Jacquie Siegel McLean as assistant director
Musical Direction by Kathy White
 
Friday, Aug. 9th, Saturday, Aug. 10th, Friday, Aug. 16th & Saturday, Aug. 17th – 7:30 p.m. & Sunday, Aug. 11th – 2 p.m.
 
Adapted from the Disney Movie "Newsies the Musical," this major production looks at the lives, loves and day-to-day struggles of New York City’s famed newsboys during the heyday of newspaper publishing. Staged during the 1899 real-life newsboys strike in New York City, this musical is jam-packed with great songs, incredible dances and historical characters. Newsies is performed by the Summer Youth Theater; actors range in age from 13-21.
 
August: Osage County
Directed by Anthony Baldwin-Giambrone
 
Friday, Sept. 13th & Saturday, Sept. 14th – 7:30 p.m. & Sunday, Sept. 15th – 2 p.m.
 
Set in Pawhuska, Okla., this Pulitzer-Prize-winning play looks at the lives of a once-famous published poet and his quirky, demanding and damaged family. A longtime hit on Broadway as well as a TONY Award winner.
 
The Rocky Horror Picture Show
Directed by Michele Stamp – Musical Direction by Kathy White
 
Friday, Oct. 4th, Saturday, Oct, 5th, Friday, Oct. 11th & Saturday, Oct. 12th – 7:30 p.m. & Sunday, Oct. 6th, Sunday, Oct. 13th – 2 p.m.
 
Brad and Janet stumble upon a delightful castle that is occupied by Frank-N-Furter and the FUN and Time Warp begin!
 
A Charles Dickens Christmas
Directed by Patrick D. Burk – Musical Direction by Kathy White
 
Friday, Dec. 13th, Saturday, Dec. 14th, Friday, Dec. 20th & Saturday, Dec. 21st – 7:30 & Sunday, Dec. 15th – 2 p.m.
 
A tender and poignant musical on how Charles Dickens' life was inspired and shaped while writing one of his most famous stories. Chock-full of holiday favorites as well as some incredible new music, this is a must-see production for the holiday season featuring a cast wide ranging in age.

Teen who shot killer on Central Avenue pleads guilty to weapons charge with chance to avoid prison term

By Howard B. Owens
blackshearsamuel20-18.jpg
  Samuel Blackshear

The attorney for the teenager accused of shooting murderer Nathaniel Wilson in the leg on May 17 on Central Avenue reached an 11th-hour plea agreement with District Attorney Lawrence Friedman today, saving his client a trial on felony assault charges. 

Jury selection was scheduled to begin today for Samuel Blackshear, 17, who was indicted by a grand jury on counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree.

Today, Blackshear entered a guilty plea to one count of criminal possession of a weapon with the understanding that he could be granted youthful offender status, which could mean probation or a 1 1/3 to four-year prison term, but if he isn't granted YO he faces at least three and a half years in state prison.

Whether Blackshear is declared a youthful offender will be entirely up to Judge Charles Zambito, who will issue his decision at Blackshear's sentencing at 2:30 p.m., Jan. 23, and Zambito, given the severity of the criminal possession of a weapon charge, can only reach that conclusion if he's convinced there were mitigating circumstances to justify Blackshear's possession of a loaded handgun.

Blackshear did not have a license to possess a handgun and at 17; he's too young to obtain a license to possess a loaded handgun.

His attorney, James Hinman, of Webster, will argue, he said, that there was justification, the mitigating circumstances necessary for Zambito to reach that conclusion.

Outside of court, Hinman explained that the video obtained from the pole camera placed by Batavia PD on Central Avenue just a day before the incident shows Wilson stabbing 41-year-old Terry J. Toote twice (Friedman said Toote was only stabbed once), killing him, and after dropping the knife, Wilson picks it up, walks into the middle of Central Avenue and starts approaching three other people in the street.

Toote, according to Hinman, is Blackshear's uncle. Friedman said he doesn't believe that is accurate.

"The video clearly shows (Wilson) threatening those other three people with that knife," Hinman said. "That is clearly, to me, a circumstance under which using deadly physical force to defend someone else is permitted under the law."

If the case had gone to trial, Hinman was expected to argue that Blackshear was justified in shooting Wilson but that only would have been a defense on the assault charge and the criminal possession of a weapon with intent to harm another person charge.

As Friedman explained after the hearing, "As you heard the defense attorney say, they were going to raise a justification defense, defense of yourself for others, and that would address the attempted assault first, the assault second, and also the one weapon possession charge that requires intent to use unlawfully, because if you are justified in the use then it wouldn't be unlawful use. But he realized that there was no defense to the possession of a loaded firearm outside of your home or place of business."

Wilson and Blackshear were two of the three defendants taken into custody after the May 17 incident. Also arrested was Jennifer Urvizu-Hanlon, 48, a Batavia businesswoman who owned a Mexican grocery store in the Valu Plaza.

Urvizu-Hanlon is accused of giving her licensed handgun to Blackshear at the Central Avenue scene.

She is charged with two counts of criminal possession of a weapon in the second degree, both Class C violent felonies.

Her attorney, Christian Kennedy, has indicated at previous court appearances on her behalf that he also intends to raise the justification defense if the case goes to trial.

Hinman thinks that in defending his client he could easily have convinced a jury that Blackshear was justified in shooting Wilson.

"All I would really need to have done is play the video, identify who Mr. Wilson is, who's Sammy, and that should have been the end of it," Hinman said.

Friedman said what Blackshear pled guilty to was actually one of the more serious charges of the indictment. 

"It's a Class C violent felony," Friedman said.

If Blackshear fails to abide by the terms of his release on bail while awaiting sentencing he could lose his chance for youthful offender status and the maximum prison term for the charge is 15 years in prison.

Friedman said he couldn't discuss whether at this point whether he will support, oppose, or be neutral on Blackshear's application for youthful offender status.

So far, Friedman said, he's satisfied with the outcomes of the prosecutions in the Central Avenue cases.

"We have taken care of two of the three defendants and I obviously feel they were appropriate dispositions," Friedman said. "As you know Nathaniel Wilson pled guilty to murder and got 20 to life."

CORRECTIONS: We corrected the sentencing options for Blackshear to include that he may still receive a prison sentence even if declared a Youthful Offender and that if YO is not granted the minimum term is 3 1/2 years.  We corrected the first name for Terry Toote. While Mr. Hinman said that Mr. Toote was stabbed twice, Mr. Friedman says he was only stabbed once. On two occasions, Mr. Hinman has referred to Mr. Toote and Mr. Blackshear's uncle, Mr. Friedman said he doesn't believe that's accurate.

Previously:

Stafford man allegedly fought with police outside Tops in Le Roy

By Howard B. Owens
englerth_todd2018.jpg
severino_philip2018.jpg
      Todd Englerth        Philip Serverino

A Stafford man was arrested Tuesday after allegedly struggling with a Le Roy police officer and leading him on a chase behind the Tops Market at 128 W. Main St., Le Roy.

Todd M. Englerth, 46, criminal possession of a weapon, 3rd, criminal possession of a control substance, 7th, obstructing governmental administration, 2nd, assault 3rd, and resisting arrest.

The incident began at 1:50 p.m. when the police officer spotted a white Ford pickup parked in the fire lane, a no parking zone, in front of the store.

Englerth was reportedly sitting in the passenger seat when the officer approached. The passenger told the officer that the driver, whom he identified as Phillip J. Severino, of Corfu, was in the store. 

According to the officer, during the interview, he observed brass knuckles in the armrest of the pickup in plain view.

When Severino came out of the store, the officer interviewed both Severino and Englehart in an attempt to determine who owned the brass knuckles.

During the investigation, the officer discovered Severino was allegedly in possession of a loaded handgun. Severino was detained and placed in the officer's patrol car.

The officer then attempted to detain Englerth, who allegedly refused to comply with the officer's verbal commands and then physically resisted.

The officer informed Englerth he was under arrest and Englerth allegedly continued to resist.

Multiple citizens attempted to assist the officer in restraining Englerth, according to Le Roy PD's report on the incident. 

Englerth reportedly broke free and ran.

The officer gave chase and he shot his taser at Englerth but with no effect.

Englerth reportedly ran into the woods behind the store. There was another struggle and the officer deployed his taser again, this time with effect.

Englerth was taken into custody as a result.

During the investigation, Englerth was allegedly found in possession of cocaine. 

The DEC's K-9 assisted in the investigation.

Severino and Englerth were arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Severino, 42, was charged with criminal possession of a weapon, 3rd.

Le Roy PD was assisted by the Sherif's Office and State Police.

Le Roy PD also thanked the citizens who attempted to assist at the scene.

Hanks records 300--792 at Oak Orchard; Bardol 300 at Rose Garden

By Mike Pettinella

Oak Orchard Bowl proprietor Randy Hanks carves out a little time for himself each week as a member of the Sneezy's Monday Night League at the Albion establishment.

During competition last week, the 52-year-old right-hander etched his name in the record book for the fourth time as he recorded a 300 game en route to a personal-best 792 series on lanes 9-10.

"I just happened to get hot," said Hanks, who posted 23 out of the last 24 strikes in a 225-300-267 effort. Only a 10-pin in the third frame of the last game -- which he unfortunately missed -- kept him from a chance at his first 800 series.

He now has four USBC-certified perfect games -- two at Bowl-A-Roll Lanes in Rochester and two at Oak Orchard Bowl.

Elsewhere around the Genesee Region, Chris Bardol of Brockport rolled his second 300 of the season in the G&W Vending League at Rose Garden Bowl last Tuesday night.

For a list of high scores, click on the Pin Points tab at the top of this page.

Mike Pettinella's next Pin Points column is scheduled for this Thursday.

Four-vehicle accident reported on the Thruway in Batavia

By Howard B. Owens

A four-vehicle accident, unknown injuries, is reported in the area of mile marker 397.8 in the eastbound lane of the Thruway.

East Pembroke fire and Mercy EMS responding.

UPDATE 6:07 p.m.: A second ambulance requested to the scene, non-emergency.

UPDATE 6:12 p.m.: The East Pembroke chief is requesting Pembroke fire to shut down the Thruway, eastbound, at the Pembroke exit. "It would probably be better for them to get off in Pembroke and back on in Batavia," he said. He said traffic is already backed up to Route 77.

Minor injury accident reported near Route 20, Bethany

By Howard B. Owens

A rollover accident with a minor injury is reported on Silver Road, just south of Route 20, in Bethany.

A Bethany chief on scene reports the driver is out of the vehicle. Traffic is not blocked.

Bethany fire and Mercy EMS dispatched.

Top Items on Batavia's List

Part-Time Children's Library Clerk Haxton Memorial Public Library is seeking a Part-Time Children's Clerk 19 Hours a week $15.00/hr. Interested applicants please go to www.co.genesee.ny.us for an application or come to the library at 3 North Pearl Street, Oakfield. Any questions, please call at (585) 948-9900
Tags: Jobs offered

Authentically Local