A local former businesswoman who admitted to giving a loaded firearm to a 17-year-old boy, who then shot and wounded a man who had just stabbed and killed another man on Central Avenue on May 17, 2018, told Judge Charles Zambito today that she's not a threat to the community. 

Jennifer K. Urvizu-Hanlon, 48, mentioned the letters Zambito had received supportering her, her involvement in her church, her steady employment and her lack of criminal record.

Zambito saw something else.

"I do think you are minimizing what happened," Zambito said. "You're minimizing your involvement. Samuel Blackshear would not be in prison and Nathanial Wilson would not have been shot had you not handed your loaded firearm to a 17-year-old boy. That young man is in prison now because of you. And after that happened, after a man was killed and another wounded, you went home.

"I do consider you a risk to the community but under the circumstances, I'm prepared to accept the plea offer and go along with the sentence. You're being treated entirely fairly here. I don't think it's right for you to even suggest otherwise."

Urvizu-Hanlon, the former owner of a small Mexican grocery store on West Main Street in Batavia, accepted a plea deal in May that capped her prison term to two years on an attempted criminal possession of a weapon conviction.

More than a dozen people in the gallery, friends, and family, were there, it appeared, to support Urvizu-Hanlon, which Zambito also acknowledged.

Zambito said he seriously considered rejecting the plea arrangement because she should perhaps get at least three and a half years in prison, which is the term Blackshear received.

"You got a significant break here," Zambito said. "Perhaps that is because of your minimal involvement in the incident and your clean record."

On Thursday evening in May, Nathaniel Wilson stabbed and killed Terry Toote at Central and Pringle. As the stabbing was taking place, Urvizu-Hanlon arrived in her car and Blackshear approached the car and she gave her handgun, which she was licensed to carry, to Blackshear, who immediately fired at Wilson, hitting him in the leg.

Blackshear's attorney argued at his sentencing that he was acting to protect himself and others from a killer. Zambito rejected that contention, accusing Blackshear of exercising "street justice" before denying him youthful offender status and sending him to prison.

That defense isn't available to Urvizu-Hanlon under the current statute for attempted criminal possession of a weapon but her attorney, Christian Kenndey, said the Legislature is considering a change, and that it could be said Urvizu-Hanlon was justified in giving Blackshear the gun so he could protect others from a killer.

Wilson was later sentenced to 25-years-to-life in prison for the murder of Toote.

As in the Blackshear case, Zambito said he was fully aware of the May 17 incident. He had seen all the video recordings, read the witness statements, and felt he had a complete picture of what happened that evening.

He said there was nothing spontaneous about events on Central Avenue as the incident went down. The confrontation, the expectation of violence, was all premeditated.

"You knew what was going to happen," Zambito said. "I don't think you thought Terry Toote was going to get murdered but you went there under the impression there was going to be confrontation and you were ready to take action."

Once the sentence was pronounced and the paperwork complete, a deputy stepped behind Urvizu-Hanlon -- dressed in a gray blouse covered by a black windbreaker, a long skirt, and flip-flops -- and asked her to place her hands behind her back. For a moment, the only sound in the courtroom was the metallic zip of the cuffs closing around her wrists. As she was led away, somebody at the back of the room yelled, "Love you, Jen."

Before sending him to prison for 10 years, Judge Charles Zambito reminded Michael J. Piasta Jr., that in 2010 he promised Judge Robert Noonan that he was going to straighten out his life and that he would never appear in County Court again.

Piasta was out of prison barely two years before he robbed, at fake gunpoint, the Arby's, taking from $6,000 to $10,000 on March 25, 2018.

"I'm going to give you a very long time to think about what you did," Zambito said.

The 10-year sentence, followed by 10 years on parole, was on Piasta's jury-trial conviction for robbery in the second degree. On his convictions for grand larceny and criminal possession of a weapon, Zambito gave him three and a half to seven years on each count, to be served concurrently with the robbery sentence.

In 2010, Noonan heard from Piasta's attorney at the time, William Teford, about Piasta's hard life -- a father who died of an overdose, a mother with a drug problem, domestic abuse, a learning disability, and the lack of a meaningful childhood.

Piasta acknowledged his wrongdoing and told Noonan, "At this point, I just want to say I don’t feel that I’m hopeless," Piasta said. "Regardless of what happens today, I think I can make things better."

Piasta already had a lengthy criminal record when Noonan sent him to prison in 2010.

Today, attorney Brian Degnan also reminded Zambito of Piasta's troubled past. 

"Mr. Piasta, with his upbringing, with his adult life, he's certainly been dealt a very bad hand here," Degnan said.

He acknowledged a prison term was inevitable but asked Zambito to consider Piasta's circumstances and expressed hope that Piasta could get the help he needs while in prison.

Piasta's own statement was short, asking Zambito to take into consideration Degnan's arguments on his behalf.

While Piasta was convicted by a unanimous verdict of a jury, Piasta, Degnan noted, has continued to maintain his innocence.  

Zambito agreed to hold a hearing on the issue of restitution. Degnan contends that there was contradictory testimony at the trial, with a contention that $5,000 was stolen from Arby's, and a claim of $10,000 stolen. Arby's has filed a claim for $6,000.

Submitted photo and press release:

Regarding Crossroads House Garage Sale donations...

A very generous community has packed our storage containers to our limit.

As a result, we cannot accept additional donations for the upcoming sale later this month.

You folks have filled three tractor-trailers, two shipping containers, a barn and our garage!

We are so fortunate to serve in a community of givers. We look forward to seeing everyone at the sale.

For more information on dates and times, click here.

Pictured from left are members of the scholarship committee and the 2019 recipients: Karen Hall, Hannah Kujawski, Peg Patterson-Case, Melissa Vinyard, Chelsea Elliott, Todd Rapp, Amy Swanson, Kari Heidemann and Melinda Rodriguez.

Submitted photo and press release:

The Genesee County Interagency Council awarded two $1,000 scholarships at their annual picnic last month at the DeWitt Recreation Area.

This year’s recipients are Melinda Rogriguez and Melissa Vinyard.

Special Thanks to the Red Osier Landmark Restaurant in Stafford for catering such a wonderful meal for our council, scholarship recipients and their guests.

After encountering community resistance for a planned recreation center for people in drug and alcohol recovery on South Swan Street in Batavia, GCASA has turned its attention to a former restaurant location on Clinton Street Road in the Town of Batavia.

And the Town officials have been more than encouraging and supportive, said John Bennett, executive director of GCASA, following a County Planning Board meeting Thursday evening where the board recommended approval of a special use permit for 5258 Clinton Street Road -- site of the former Bohn's Restaurant.

GCASA is in the process of acquiring the property.

Bennett said the community center will have a community garden, a basketball court, TVs for viewing sports, a pool table, space for other recreational activities. And, of course, since there's no place for a tavern in a building dedicated to recovery, the former bar area is likely to become a coffee and sandwich shop.

"We went into Rochester and went to this place called out Coffee Connections and it's a roasting business, a coffee-roasting business, run by recovering women," Bennett said. They run two coffeehouses and they serve lunches and breakfasts and we were kind of scoping that out, seeing how they did that. We're seeing if we can partner with somebody who might want to run a small little coffee shop."

People in recovery want to lead normal lives -- watch big sporting events together, play pool, eat some wings and pizza, socialize, but in an environment without drugs or alcohol, Bennett said.

"This is the new norm in urban areas," Bennett said. "It's what they call sober bars. And that's exactly what they are. They actually have mixology stuff but it's all alcohol-free and it's very much like going to any other bar that you would go to where they're having either karaoke or live music or dancing or whatever it is. I think just people in recovery are looking to be normal without having to worry about drugs and alcohol."

The most notable downside of opening up a social center for people in recovery on the outskirts of the City is that it won't be in walking distance for most people, like the originally proposed South Swan location. The upside is the square footage of the Clinton Street Road property is twice as much as the South Swan location. 

The asking price for the property, being sold by Mike Bohn after buying back the property in a foreclosure auction, is $250,000. Bennett said he can't disclose the actual sale price since the deal hasn't closed yet and the price is still being negotiated.

A presale building inspection was completed two days ago.

Much of the floor plan of the former restaurant will remain the same, Bennett said, but the interior, which probably hasn't been updated since the 1970s or early '80s, will be modernized.

There is also some equipment, furnishing, games and TVs to buy.

Bennett said GCASA has a modest $75,000 budget for the upgrades.

The property will be open to the community -- if there is a coffee shop, that will be open to everybody. If a community member isn't in recovery but wants to host an event -- say a birthday party -- for a friend or relative who is in recovery -- or isn't but perhaps should be -- the facility will be available for those reservations as well.

And there will be events for people in recovery, whether it be an open mic night or for big sporting events.

"Let's just say we're going to do a March Madness night or a week of March Madness basketball and we're gonna show games -- it's just a sober place to come down and watch basketball," Bennett said. "We'll have a little sports area and you can watch the Super Bowl or watch the World Series, things like that."

Bennett is a little exasperated by the community outcry over the proposed South Swan location but he said he understands it.

"It's really too bad that the South Side saw this as something that would threaten the community instead of benefit it because if you check out ROCovery in Rochester," Bennett said, " ... there's a whole thing around fitness and recovery. I went up and I met with them and they were amazing people and the community now has just enveloped them.

"Their community gardens are open to everybody in the community. Everybody gets to come down and pick some tomatoes or some peppers or lettuce or whatever they need. And everybody is also allowed to use the recovery center.

"So so I think that's where we want to head to. We want to say, 'hey this is open to you, too. You just have to be willing to be drug-free while you're here.'

"I think they were shortsighted but I understand that people have fears and the work we do is stigmatized."

• 4 p.m. – Midway OPEN
• 7 p.m. – Karaoke Qualifier

Daily at the Genesee County Fair:

• Mechanical Bull Riding – try your hand at bull riding on the mechanical bull
• Balloon Display and Demonstrations
• Pig Racing
• Entertainer – Wade Henry

Events & times subject to change. Follow us on Facebook to keep up-to-date with changes.

Mama Chavez Taqueria opens today in Le Roy. Owner Maria Chavez and her sons held a ribbon-cutting and an open house for invited guests yesterday. This is an authentic -- very authentic -- Mexican restaurant.  

Chavez has been cooking Mexican food, using recipes handed down through her family, for her children and family friends for 30 years. It's always been her dream to open a restaurant.  

The restaurant is located at 7 Mill St. and is open Tuesday through Saturday.

Michael DiSanto performs Simple Things on the third floor of the historic Newberry Building/Eli Fish Brewing Co., Downtown Batavia, NY.

Press release:

You never know who will step up for the Batavia Muckdogs during any given game. It's the main reason the team is 17-9, sitting in first place in the Pinckney Division.

Thursday night, it was Jack Strunc's turn, as the shortstop went 3-for-4 with two doubles to lead Batavia to a 5-2 win over the Lowell Spinners.

Lowell is now 17-8 and Friday night's game in Batavia will determine who has the best overall record in the New York-Penn League.

"They have the best record coming in here but I think we show we can play with anyone," Strunc said. "It doesn't matter, we are confident no matter what division or who is at the top, these guys show up every single day, pitching and hitting."

Strunc, who was drafted this year in the 25th round of the draft by the Miami Marlins, scored twice and drove in two runs to increase his average to .333 with the three-hit game.

"I'm trying to see the ball as long as possible, I'm not trying to do too much," Strunc said. "I'm seeing a few more pitches than normal and I think that's helping."

Albert Guaimaro made three outstanding catches in right field including two running grabs near the fence to go with his RBI single at the plate. His defense kept runners from scoring in three innings.

Sean Reynolds, who is hitting .571 in his return to Batavia this week had a double and scored, Brayan Hernandez went 2-for-3 with a double and an RBI and Andrew Turner had an RBI single.

Pitching was strong again as Dakota Bennett picks up the win throwing five innings of shutout ball with three strikeouts and Geremy Galindez notched his second save, throwing a scoreless ninth with a strikeout. Easton Lucas started, striking out two in two innings and one of the new Muckdogs, Brock Love, threw one scoreless inning with a strikeout. Love is a 34th-round pick the Marlins from the 2019 draft and played at University of Alabama.

Coming up: Friday is Crafty Hour where the large selection of craft beers are just $3. There will be other specials and events during the 7:05 p.m. game.

Tickets for these games and others are available at the Dwyer Stadium box office between 10 a.m. and 5 p.m. Monday to Friday, online at muckdogs.com or by calling 585-483-3647.

Photos by Jim Burns.

Genesee County Economic Development Center directors today accepted an application for $156,312 in tax incentives from Provident Batavia LLC, setting the stage for a public hearing, likely to take place at the Batavia Town Hall at a date to be announced.

In presenting the application to the board, Mark Masse, GCEDC senior vice president of operations, acknowledged the company, known as SCP Distributors LLC at 4430 Saile Drive, has successfully made all of the payments required per a 2005 payment in lieu of taxes agreement and is now on the tax rolls.

“The company is doing what they said they would do,” Masse said, noting that its number of full-time equivalent employees has grown from seven to 15 over the past eight years.

Responding to a question about a New York State Subsidy Tracker report that showed that Provident Batavia LLC lost jobs in 2011 and 2012, while receiving $25,700 in subsidies, Masse said his records reveal otherwise.

“Their application at that time stated that they would retain 12 jobs, not create 12 jobs, and what happened was that it was incorrectly inputted – doubling 12 to 24,” he said, adding that the online tracking system had its share of issues at the outset.

This new request is being tied to a 13,000-square-foot addition to the existing office, warehouse and distribution facility estimated to cost the company $1.194 million, broken down as follows:

-- $1.048 million for building cost;
-- $50,000 in land/engineering/architecture;
-- $40,000 in taxable equipment;
-- $55,750 in other expenses.

The project is estimated to produce a state and regional economic impact of $594,122 and $61,516, respectively, in property taxes over a 10-year period, and would enable SCP Distributors to retain 15 FTE’s with an average salary of $38,000, Masse reported.

Company officials are seeking property tax saving of $86,774, sales tax exemption of $57,988 and a mortgage tax exemption of $11,550. Upon approval after the public hearing, the project is expected to start in August and take about four months to complete.

SCP Distributors has more than 2,000 employees and 120,000 wholesale customers worldwide, and is part of the world’s largest wholesale distributor of swimming pool supplies and related equipment. The company is a supplier to local businesses, including Denny’s Pool World and Deep Blue Pool & Spa.

In other action, the board:

-- Approved a $10,000 contract with Clark Patterson Lee for bidding services related to the Town of Pembroke Corfu Wastewater Treatment Facility.

Masse said the Town of Pembroke and the GCEDC (or Genesee Gateway Local Development Corp.) will split the cost 50/50 for the first phase of the project, which will require CPL to provide up to 20 sets of plans, specifications and contract documents to prospective bidders.

The second phase, which will be addressed at a later date, carries a $205,000 price tag for project management, construction administration, construction inspection and stormwater pollution prevention plan inspections.

-- Approved a contract with Leaton Signs for two 4-foot by 8-foot free standing signs as the Le Roy Food & Tech Park and one 4-foot by 8-foot freestanding sign at Apple Tree Acres in Bergen at a cost of $600 per sign.

-- Approved measures connected to the STAMP site in the Town of Alabama for additional surveys (Frandina Engineering & Land Surveying for $2,230), site assessments (CPL, $1,500), to remain the lead agency for an updated state environmental quality review and to dedicate the name of the main road as STAMP Drive (per a resolution passed by the Alabama Town Board).

-- Heard a report from President/CEO Steve Hyde, who expressed his disappointment in the State Legislature’s recent passing of a farm workers labor bill that is set to go to Gov. Andrew Cuomo’s desk for signing.

“It’s egregious; very damaging to our farmers,” Hyde said, mentioning that farm owners would have to pay overtime to workers after 60 hours in a week.

The bill also gives farm workers the right to one full day of rest per week, eligibility for unemployment insurance and workers compensation coverage, and the right to organize a union and to collectively bargain.

----

Hyde, following the meeting, provided an update on Ellicott Station in the City of Batavia and called upon Cuomo to step in to kick-start the City’s first big Downtown Revitalization Initiative project.

“We need the governor’s help to make this come together,” said Hyde, noting that program requirements of several state agencies are keeping the Savarino Companies of Buffalo’s plan from moving forward. “This is an opportunity to transform blighted property at the gateway of our city – (an eyesore) that reinforces poverty.”

Plans for the $20 million renovation of the former Santy’s Tire and Soccio & Della Penna property on Ellicott Street were unveiled in March 2016, but City leaders are still waiting for a shovel to be put into the ground.

Savarino Companies is proposing a mixed-use development of residential, office and retail spaces, including a brewery, small beverage warehouse and hops processing facility; as well as an entertainment and event area with outside seating and a tie-in to the new Ellicott Trail pedestrian pathway.

Press release:

The Batavia Police Department is investigating damage to the City Center, which occurred between 06/29/2019 and 07/01/2019. The suspects did not gain entry to the building but did damage the skylights in the mall concourse, after getting onto the roof.

The attached photos are individuals who may have information in regards to the investigation.

Anyone with information in reference to the case or who can identify the persons in the photos may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

Pledges from Volunteers for Animals and animal lovers in the community have led to at least a $2,000 reward being offered for the arrest and conviction of the person responsible for tossing an eight-week-old kitten from the window of a red car on Route 98 near West Saile Drive on Saturday night.

The kitten had to be euthanized because of its extensive injuries. 

The Sheriff's Office announced the award this evening.

Anyone with information about the incident is asked to call the Sheriff's Office at (585) 343-5000.

A possible apartment fire is reported at 518 East Main St., Batavia.

The call is for an unknown type fire on the third floor. '

City Fire is responding.

UPDATE 8:32 p.m.: Cooking fire.

Living room has 3 walls of glass windows, gas fireplace, doors lead to patio with hot tub & heated pool!

First floor laundry, 1st floor full bath has jetted tub and separate shower. 2nd floor has 4 bedrooms, 1 full bath and lots of storage.

There's also a 36x60 Morton building. Professionally landscaped yard. A must see! Call Michelle Dills (585-314-7269) for a private showing! Click here for more information on this listing.

Press release from the GC Health Department:

The Genesee County Health Department has recently been awarded a grant to provide the hepatitis A vaccine to food-service workers at NO COST to them or the employer.

A two-car collision with injuries is reported at the intersection of Clinton Street Road and Westbrook Road, Stafford. Stafford Fire Department and Mercy medics are responding.

A Message to Families from the GOW Opioid Task Force:

By Sue Gagne

Whenever a family member struggles with any serious ongoing condition, everyone in the family is significantly affected. To find out a loved one has a substance use problem can be heart-wrenching.

If you know someone with a substance use disorder, you may find yourself struggling with a number of painful and conflicting emotions, including guilt, shame, self-blame, frustration, anger, sadness, depression, anxiety and fear. Those emotions can often overtake our lives and cause stress, burnout, fatigue, inability to sleep and more issues that can affect our own health.

When you fly on an airplane, the flight attendant instructs you to put your oxygen mask on first, before helping others. Why is this an important rule for ensuring survival? Because if you run out of oxygen, you can’t help anyone else with their oxygen mask. This is an important metaphor for those of us who have loved ones with substance use disorder. A reminder that we need to take care of ourselves.

You may feel overwhelmed, but there are things you can do to help yourself. We all know we need to get enough rest, exercise, and eat right. Here are a few other things that will be helpful:

Learn all you can about substance use and addiction. Addiction is a disease, not a character defect! According to the National Institute on Drug Abuse, “As a result of scientific research, we know that addiction is a disease that affects both the brain and behavior. We have identified many of the biological and environmental factors and are beginning to search for the genetic variations that contribute to the development and progression of the disease. Scientists use this knowledge to develop effective prevention and treatment approaches that reduce the toll drug abuse takes on individuals, families, and communities.”

Don’t go it alone! Shame is one of the biggest reasons people don’t seek help. It may help you to know that no one, and no family, is immune from addiction. Like any other chronic disorder, addiction to alcohol and other drugs afflicts people regardless of age, income level, educational background, race, ethnicity, religion/spirituality, and community. Many families deal with addiction. You are not alone ~ there is support!

Know that Recovery is Possible! Although it takes time, people do find recovery from addiction. Many individuals find recovery and continue on to live fulfilled lives. There are many pathways to recovery including 12-step meetings, peer-support, Medication Assisted Treatment, and more.

To learn about more about addiction, to connect with support, and to find resources related to addiction and recovery, visit the GOW Opioid Task Force website at www.gowopioidtaskforce.org

Press release:

LE ROY -- It’s a new day for shoppers in the Le Roy community as Tops Friendly Markets unveils over $1.6 million dollars in renovations in its hometown grocery store.

This impressive investment includes everything from new flooring, energy efficient equipment, and shopping carts, to a whole new interior décor, givingthe store a refreshed and warm appearance.

A Grand Reopening at the store, located at 128 W. Main St., Le Roy, at 11 a.m. on Tuesday, July 16.

Shoppers will find an expansion of Tops’ deli/carry out café areas with a remodeled seating area and bakery as well as finding a wide selection of natural and organic and gluten-free offerings conveniently integrated throughout the main aisles.

Throughout the store, shoppers will also see expanded refrigerated produce allowing for more variety and convenience, an increase of antibiotic-free meat and seafood selections, and a much larger selection of beers, including local favorites, in our Brew Market.

“I am so proud of the changes we have made to this store which will only enhance our customers shopping experience,” said Tom Brigham, store manager of the Le Roy Tops Friendly Markets. “You’ll find the store is designed to bring you more selection, more convenience, more organics, and more grab-and-go meals prepared fresh every day, all at a great value.”

Additionally Tops is proud to partner with more than 200 local growers. Some of these partners are family farms that have been growing for generations and many have been part of the Tops family for decades.

Fenton’s Produce, located in Batavia, brings our shoppers everything from corn, and potatoes, to summer squash and peppers.

Tops has also been proud to support product grown by New York State farmers who adhere to the New York State Grown and Certified program’s requirements, which includes verification of safe food handling practices and participation in environmental sustainability programs.

An added bonus for Le Roy shoppers is the gas station conveniently located on the property. As customers shop at Tops, they’ll earn points toward fuel savings! Ready to fill up? Just scan your Tops BonusPlus^® card at the pump and watch your gas price drop! You’ll save 10 center per gallon for every 100 GasPoints you redeem at a Tops Gas Station. With so many ways to earn, it’s easy to save 30, 40, 50 cents, even a dollar a gallon!

Le Roy Tops shoppers will also save time by using Tops Grocery Delivery services. With fast, online ordering, get your favorite items and the best deals in town that you love -- delivered from our store to your door.

Customers can visit TopsMarkets.com/Instacartand enter their zip code to get started. Exclusive to Tops our customers can use the promo code "TakeOff15" when they visit TopsMarkets.com/Instacart and receive $15 off their first order of $35 or more.