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Law and Order: Man accused of sex abuse by forcible compulsion, Le Roy parolee accused of punching, choking woman

By Billie Owens

Donald Frisby (inset photo left), 64, was arrested by the Le Roy Police Department on July 16 and charged with one count of first-degree sexual abuse, a Class D felony.

It is alleged that in the month of July, while in the Village of Le Roy, that Frisby subjected a female to sexual contact by forcible compulsion. Frisby was arraigned before the court and released under supervision of Genesee Justice.

Jeremy D. Lyons (inset photo, below right), 34of Perry Road, Le Roy, is charged with one count each of the misdemeanors of third-degree assault and criminal obstruction of breathing or blood circulation. A violent domestic/assault led to the arrest of Lyons, a parolee, in the Village of Le Roy on Aug. 6.

The domestic incident was reported in the early morning hours on Church Street in which the victim reported that Lyons was staying with the female on Church Street, allegedly in violation of his parole conditions. It is alleged that Lyons tackled the female to the ground then punched her multiple times in the face and choked her.

Afterward, Lyons ran off. Lyons was located later that day by police after a small search, in which Lyons was discovered hiding in the weeds in the area of the Little League Field between East Main Street and St. Marks Street. Following his arrest, Lyons was arraigned and put in Genesee County Jail in lieu of $750 bail. A parole violation warrant was also issued due to this incident.

Darrell D. Smith, 52, of Highland Parkway, Batavia, is charged with criminal mischief. He was arrested after a domestic incident at midnight on Aug. 8 on Prune Street, Batavia. He was arraigned in Batavia City Court and released on his own recognizance. He is due in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Carlos E. Flores, 27, of Rand Street, Rochester, is charged with second-degree harassment. Flores was arrested after an incident at 8:35 p.m. Aug. 11 on Bank Street in Batavia. He allegedly threatened a person using gestures with his hands during a verbal dispute that caused the victim to be in fear. He was issued an appearance ticket and released and is due in Batavia City Court on Aug. 20. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Dan Coffey.

Darius Lamar Jones, 27, of Exchange Street, Attica, is charged with: criminal possession of a controlled substance; unlawful possession of marijuana; speed violation -- exceeding 55 mph; and unlicensed operation of a motor vehicle. At 9:02 p.m. on Aug. 7 on Route 33 in Byron, Jones was arrested after a traffic stop. It is alleged that "criminal indicators were observed," leading to a search of Jones and his vehicle. The search allegedly yielded marijuana, controlled substances and drug paraphernalia. He was issued appearance tickets for Sept. 9 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy James Stack.

Linda Marie Clemens, 58, of South Main Street, Batavia, is charged with aggravated driving while intoxicated and DWI. At 11:23 p.m. on Aug. 7, deputies responded to the parking lot of Batavia Downs on Park Road for a reported motor-vehicle accident. When they arrived they located Clemens in her vehicle. It is alleged that Clemens struck a parked vehicle in the parking lot. She was released on appearance tickets for Aug. 26 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Ryan Young.

(name redacted upon request), of Farwell Drive, Batavia, is charged with unreasonable noise. He was arrested following a loud music complaint at 11 a.m. on Aug. 9 on Farwell Drive. He was released on an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Ivison.

Carrie A. Stewart, 39, of Church Road, Darien, is charged with petit larceny. She was arrested after an investigation of a larceny that occurred at 11:47 a.m. on Aug. 10 on East Main Street in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Aug. 20.

Christine Wark, 34, of School Street, Le Roy was arrested by the Le Roy Police Department on July 22 and charged with one count of petit larceny after a complaint from a local business that Wark was allegedly seen shoplifting inside the store. Upon arrival of the Le Roy Police, Wark was arrested and released on an appearance ticket to appear in the Le Roy Court at a later date.

Cody N. Proefrock, 26, of Liberty Street, Batavia, is charged with petit larceny. He was arrested after allegedly shoplifting from a local store at 5:20 p.m. on Aug. 6. He turned himself in. He was issued appearance tickets and released and is due in Batavia City Court on Aug. 20. The case handled by Batavia Police Officer Marc Lawrence.

Tony J. Aguglia, 39, of Main Street, Clarence, is charged with failure to appear. He responded to Batavia Police station at 1 p.m. on Aug. 6 and turned himself in on an arrest warrant. He is due in Batavia City Court on Aug. 13. The case was handled by Batavia Police Officer Felicia DeGroot.

Photos: Ellicott Trail bridge installed over Tonawanda Creek

By Howard B. Owens

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The bridge that will span the Tonawanda Creek as part of the Ellicott Trail is being installed today.

The $1.7-million project will provide a biking and walking trail from just west of Williams Park to Seven Springs Road (see map).

(Editor's note: For a closer look at the trail map, click here.)

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Dog locked inside SUV in Walmart parking lot

By Billie Owens

An unoccupied SUV in the grocery pickup section of the Walmart parking lot reportedly has a dog locked inside. The caller waited by the vehicle 15 minutes to see if the owner would return before calling dispatch. An animal control officer and a deputy are en route.

UPDATE 11:44 p.m.: The deputy is on site and speaking with the dog owner. The deputy advises the animal control officer can disregard the dispatch.

Deputies seek info on cow shot dead in Darien

By Howard B. Owens

The Sheriff's Office reports that a cow was intentionally shot and killed in the area of Bennett Road and Simonds Road in the Town of Darien sometime after sunset Saturday and sunrise Sunday.

Anyone with information that may assist in the investigation is asked to call Deputy Kevin McCarthy at 585-343-5000.

Gas prices nationally continue slide while Batavia's prices reportedly gain a penny

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.65, down 6 cents from last week. One year ago, the price was $2.86. The New York State average is $2.84 – down 2 cents from last week. A year ago, the NYS average was $3.01. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.83 (up a penny since last week)
  • Buffalo -- $2.80 (down a penny since last week)
  • Ithaca -- $2.77 (down 2 cents since last week)
  • Rochester -- $2.79 (down 2 cents since last week)
  • Rome -- $2.83 (down a penny since last week)
  • Syracuse -- $2.72 (down 4 cents since last week)
  • Watertown -- $2.77 (down 2 cents since last week)

In its latest weekly report, the Energy Information Administration revealed that gasoline stocks grew by an astonishing 4.4 million barrels. Total domestic stocks now sit at 235.2 million barrels.

Meanwhile, gas demand grew slightly from 9.55 million barrels per day to 9.65 million barrels per day. The increasing stock levels are contributing to pump price drops this week, even though demand remains strong.

If total domestic stocks continue to outpace demand, American motorists will likely continue to see pump prices drop this summer.

Muckdogs shutdown Mahoning Valley 5-0

By Howard B. Owens

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Press release:

Just a day ago, the Batavia Muckdogs were in danger of losing the lead in the New York-Penn League Pinckney Division.

However, back home at Dwyer Stadium, the Batavia pitching staff and clutch hitting led the Muckdogs to a 5-0 shutout of Mahoning Valley on Sunday.

With the win and a West Virginia loss, Batavia (33-23) now has a 3.0 lead in the division.

Julio Frias improved to 4-2 wth the win, throwing five shutout innings with two strikeouts and one walk.

Jonaiker Villalobos struck out two in a scoreless sixth for his second hold and Geremy Galindez earned his second hold but left the game with discomfort after a pitch.

Joey Steele, the 30th-round draft pick this year of the Miami Marlins who has a perfect 0.00 ERA, was called to the mound in the seventh with one out. With a few minutes to throw and stretch, he went out and threw 2.2 innings of one-hit, shutout ball with four strikeouts and no walks for his first save.

Steele has now thrown 13.2 innings with 22 strikeouts, no runs allowed, 11 hits, one walk and a 0.88 WHIP to go along with his 0.00 ERA.

"That was huge of Joe, he really picked up the bullpen, went 2.2 innings … that was big-time of him," said Batavia catcher and Miami native Michael Hernandez. "We really needed that."

Hernandez not only handled the four pitchers for a shutout but had a basest and scored a run.

"I'm just taking it one pitch at a time and trying to hit the ball hard," said Hernandez. "We are in first place, there is no better feeling than winning. It's always a great day when you get a shut out, that means it's a combination of defense and pitching … it was a great day for us Muckdogs."

At the plate, J.D. Orr was close to an inside-the-park homer when his sharply hit single to right skipped off the glove of an outfielder to the fence. He raced around the bases, scoring three runs on the play.

Orr finished 2-for-4 with two runs, his 13th RBI and increased his NYPL leading average to .384.

Nic Ready had two hits and scored a run while Sean Reynolds ripped an RBI single and Jack Strunc had a single and scored.

Not only did West Virginia (29-25) lose, but State College (Pa.) (27-28) in third place lost and Mahoning Valley (25-30) is in fourth.

The Muckdogs have five games left in this homestand, taking on Mahoning Valley Monday and Tuesday with games at 7:05 p.m. all week.

There will be specials on food and drinks Monday and on Tuesday, all general admission tickets are just $2.

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.

Submitted photo: Batavia Manager Tom Lawless called on Joey Steele after an injury and the pitcher threw 2.2 scoreless innings for the save. Steele has not give-up a run in 13.1 innings this season and just one walk with 22 strikeouts. Catcher Michael Hernandez called the shutout, handling all four pitchers in the win.

Video: Beertavia 2019

By Howard B. Owens
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Rollover accident reported on Paul Road in Bethany

By Howard B. Owens

A one-vehicle rollover accident is reported in the area of 5589 Paul Road, Bethany. 

The driver is reportedly out of the vehicle and walking around but may have suffered a head injury.

Bethany fire and Mercy EMS dispatched.

UPDATE 11:59 a.m.: A first responder on scene reports a car is off the road in a field, overturned. Patient is conscious and alert, with minor abrasions on his head.

UPDATE 12:34 p.m.: The male driver is being transported to UMMC. He is complaining of a stabbing feeling of pain in his neck. His vehicle rolled several times. He did not lose consciousness and self-extricated from the accident.

Video: Live at the Ridge, Black Stone Cherry performing 'It's In My Blood'

By Howard B. Owens
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It was Southern Rock weekend at The Ridge NY in Le Roy. Here's Black Stone Cherry performing "It's In My Blood." 

Yesterday, we posted a video of a performance by Friday's headliner, Bishop Gunn.

Whole Life Fitness opens on East Main in Batavia

By Howard B. Owens
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Motorcycle reportedly hits dog in Pembroke

By Howard B. Owens

A motorcycle has reportedly hit a dog at the intersection of Main Road and Alleghany Road in Pembroke.

Minor injuries reported.

No word on the condition of the dog.

Pembroke fire, Indian Falls fire, and Mercy EMS dispatched.

State Police are on location.

Video: Nate McMurray, running for Congress again, says Collins and Trump both need to go

By Howard B. Owens
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Today, Nate McMurray, who narrowly lost to Chris Collins in the NY-27 congressional race in 2018, formally announced he will seek the office in 2020.

One of the first things did after finalizing his decision to run was call The Batavian and ask for an interview, so we met this afternoon at The Coffee Press.

McMurray said that while other Republicans have said they are mounting a primary challenge to Collins, Collins is the front-runner and there is no reason to believe Collins won't be on the general election ballot in November. Collins, McMurray said, is the person he's running against.

"I think a lot of people always assume he's going to give up or go away, but he's proven that he doesn't go away easily," McMurray said. "I think that he needs to hold onto this seat to maintain his freedom. It's the best leverage point he has in his trial (on Federal insider trading charges). I think until he's gone you have to assume he's the candidate."

Collins has to go, McMurray said, because with Federal charges pending and a congressional ethics investigation that is still open, Collins is unable to effectively represent the people of the 27th District.

In 2018, McMurray opposed efforts to impeach Donald Trump. Since the release of the Mueller Report, he's changed his position. He said he realizes this stand may cost him votes in this district.

"Anyone who respects the rule of law and reads (the report), as I've read it, you'll come away very troubled," said McMurray, who is an attorney. "You'll come away thinking that Congress and the Senate have a duty to act. They really shouldn't be playing politics with this. It's too important.

"And I think that whether you support President Trump or not, if read that report, you're going to see a portrait of a man who tried to obstruct justice, who tried to manipulate the law, and who thought he was above the law."

Two-car accident with injuries reported at Citgo Gas Station on Park Road

By Billie Owens

A two-car accident with injuries is reported on the Citgo Gas Station property at 8204 Park Road. NYS Troopers are on scene. Mercy medics are called for reports of generalized pain. Town of Batavia Fire Department is also responding.

UPDATE 12:15 p.m.: One vehicle is blocking traffic.

UPDATE 12:16 p.m.: A first responder on scene says injuries are minor. There is a lot of debris in the roadway.

UPDATE 12:39 p.m.: The town assignment is back in service.

Two new exhibits for fall announced at GO ART!

By Billie Owens
Two upcoming art exhibits were announced by GO ART! on Friday, both will be on display starting in mid-September, at Seymour Place, 201 E. Main St., Batavia:
  • "Maps & Legends" by Kevin Hammon -- Sept. 12 to Nov. 9. 
  • Members' Challenge Exhibit -- theme "Purpose" -- Sept. 12 to Dec. 7.
There will be an Artist Reception for both exhibitors from 6 to 8 p.m. on Thursday, Sept. 19.
 
Gallery hours are: Thursdays and Fridays 11 a.m. to 7 p.m., and Saturdays 11 a.m. to 4 p.m.

Alexander HS Class of 1955 celebrated 64th reunion at Terry Hills

By Billie Owens

Photo and information submitted by Paul Judkins, of Bonita Springs, Fla., formerly from Alexander.

The Alexander Central School Class of 1955 celebrated its 64th reunion on Aug. 7th, in a luncheon held at the Terry Hills restaurant in Batavia.

In attendance were nine of the known 18 surviving members of the class, along with three spouses of deceased members of the class. These were Wayne Keller, husband of the late Sharon Werner Keller; Marcia Brown, wife of the late Harold Brown; and Peggy Kelsey, wife of the late Bob Kelsey.

Pictured, in front: Carol Hirsch Janes, Annette Roth Lund, Joanne Gerould Hyde and Joyce Pestlin Sciarrino. Back row: Jerry George, Carl (Golanski) Gerard, Dean Wright and Paul Judkins. Attended reunion but not pictured: Bernice Greiner Wight.

Nate McMurray makes it official: Will take another run at NY-27 seat

By Howard B. Owens

Press release:

Today I am officially declaring my candidacy in New York’s 27th Congressional District. In some ways, it seems like I never stopped. I continue to travel across Western New York meeting with good people; listening and learning.

But I was struggling to officially commit. I know how hard it is to run, how much time it takes away from my family, and the hateful attacks we will endure. I also considered other opportunities as a business professional and even other roles as a public servant. Certainly, there is a path of less resistance.

Instead, I am choosing the path of most resistance. This week marks the one-year anniversary of Chris Collins’ federal indictment charges for insider trading. Mr. Collins and the political machine behind him remain strong despite his many ethical and legal failures. Many party loyalists continue to view him favorably, even more than his Republican challengers. He retains this support in part due to the tactics he employs; the depths he and his hateful political forces will stoop to.

Despite the perceived insurmountable challenges in 2018, our race against Collins was one of the closest in the country (decided by less than 1 percent), achieving the largest partisan swing of any first time state/ federal candidate in the country—in a district designed for a Republican (any Republican) to win easily. This was despite our side being outspent, outnumbered, and attacked day after day by some of the most dishonest and detestable TV ads ever produced for a political race.

Why did we perform so well? Many are tired of being asked to vote blindly for their party. They are tired of nothing ever-improving, nothing ever-changing. And they are tired of the politics of hate and corruption. With your support, passion, and service to our community, we can finish what we started 2018 and finally reclaim this seat on behalf of the hardworking people of Western New York. People like you, who go to work on time every day, who help their neighbors, who never cheat their business associates, and who spread kindness and goodness throughout their lives.

The last time I ran I said that we needed to “Fight Like Hell.” And we did fight like hell. We always will. But this time I will rely more on the good hearts and values I saw in the people of my district. We will empower the kindness and goodness around us. We will, “Be Kind. Do Good.”

It sounds simple, maybe some will call it soft. But could any two words be more strong in this age of professional cruelty? Kindness and goodness in an era of violence and hate is more bold than any rally cry.

All of us fall short of these values. It is easier to match rage with rage, hate with hate. But with kindness and goodness as our standard, we can overcome this sad moment in American history — a moment where all good people regardless of party affiliation can all feel the America we love fading.

Do not let America fade. America must always be, as Ronald Reagan called it, the “City on the Hill.” A country of kindness and goodness, where capitalism does not build walls; it builds ladders allowing every American to climb from poverty to flourishing. Where we do not fear science and fact, but embrace and lead the world in research and education. Where we do not pay homage to millionaires and aristocrats but value those who provide humble, honest service to family, friends and community.

In 2020, we will go to Washington to fight for healthcare for every American (now!), infrastructure (now!), for common-sense gun control (and now!), for immigration reform to help our farmers (now!), and for technologies and policies that will confront the reality of climate change. I will also fight for a capitalist system that preserves the American Dream and provides opportunities to all, and not just hoards wealth for the most connected and elite.

“Given how close Nate came in 2018, we are thrilled to have him running for us this cycle. It’s been too long since the people of NY-27 have had a representative that cares about representing the voters rather than the party. It is the one-year anniversary of Chris Collins’ indictment and the Republicans are still stuck with him and don’t know what to do. We are delighted to have Nate running again” -- Judith Hunter (chair, Livingston County Democratic Committee)

"When Nate McMurray ran in NY-27 in 2018, he came within less than a percentage point of victory. But along with this, he did something else, something magical. He energized the rural counties. He created a movement on the ground that hasn't gone away. Nate asked them all to ‘Fight Like Hell’, they did, and will again." -- Cynthia Appleton (chair, Wyoming County Democratic Committee)

“I am so pleased to hear that Nate will be running again. He has visited Orleans County many times and is very aware of what our small county faces every day...few jobs, lack of affordable housing and high taxes. We need Nate!” -- Jeanne Crane (chair, Orleans County Democratic Committee)

“Chairwoman Brittaney Wells and the Monroe County Democratic Committee are proud to join Nate to finish the fight he began in 2018 for the 27th Congressional District. We are confident that he will be successful in his effort to unseat an absentee billionaire that has not represented the hard-working people of the 27th. Nate will restore integrity to the office and ensure his constituents are heard.” -- Brittaney Wells (chair, Monroe County Democratic Committee)

Thank you all for standing with me in the battles ahead. Together we will finish what we started; together we will bring real representation to the hard-working people of Western New York.

Video: Bishop Gunn performs 'Let the People Know' at The Ridge NY

By Howard B. Owens
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Bishop Gunn played The Ridge NY in Le Roy on Friday night. Here they are performing their song "Let the People Know."

Tonight, Black Stone Cherry takes the Frost Ridge stage.

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
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