By Tim Bojarski, for Batavia Downs

The 67-night session of harness racing at Batavia Downs for 2018 wrapped up on Saturday (Dec. 15) with both highs and lows being noted. 

Whereas many competitive races were witnessed over the oldest lighted harness track in America, fewer races overall affected the Downs handle for the meet. The main reason for fewer races was a lack of available horses to race. 

In 2018 only 672 races were filled compared to 806 in 2017 and due to 134 less races (a 16-percent reduction) the handle also finished down 11.2 percent. 

“The reduction of races was due to the decreased amount of horses in the area," said Todd Haight, director/manager of Live Racing at Batavia Downs.  "And we had a number of short fields trying to fill out race cards besides. Both of these factors played havoc with our numbers.” 

“However I also feel the numbers are a bit skewed since we were coming off a record season last year. That said, we are excited about the 2019 meet.”

There were three cards cancelled during the meet: two for lack of entries and one for weather-related issues. 

Although fewer races were held, the ones that went on provided excellent competition on the track and wagering opportunities for Downs' customers. 

Eight visits by the New York Sires Stakes (NYSS) during the summer months and a visit by the great Foiled Again were highlights of the meet and drew large crowds trackside. 

On the track Drew Monti took the driving title, garnering 122 wins for the meet and earning $724,847 in purses. This was Monti’s second driving title in the last three years at Batavia. 

Kevin Cummings finished second with 102 wins and Billy Davis Jr. was third with 99.

JD Perrin grabbed his fourth training trophy as a result of sending out 61 winners who earned $333,348. Perrin finished ahead of James Clouser Jr. who had 43 wins and Shawn McDonough who registered 29. 

Five track records were broken over the six-month run. 

Standards for 2-year-old pacing colt (Melodies Major, 1:54.1), 3-year-old trotting gelding and all-aged trotting (Winning Shadow, 1:53.4), aged trotting mare (Chelsea’s Chance, 1:56.1) and trotting under saddle (No Recess, 2:02.1) were all rewritten at the Genesee County oval. 

And possibly the biggest news of the meet was the announcement that Batavia Downs was named the host track for the NYSS Night of Champions that will be held on Saturday, Sept. 14. That night also marks the return of the Downs' signature race, the $50,000 Kane Memorial Pace, making it the richest night of harness racing ever offered in Western New York. 

The 65-card meet will kick off on Wednesday (July 24) pending state approval of the dates.

Justin Daniel Petrovic, 38, of Oak Ridge Drive, Victor, is charged with aggravated DWI, per se, with a BAC of .18 percent or more and no prior convictions; DWI -- first offense; and having an unsafe tire. At 8:14 p.m. on Dec. 16 on Main Road in Stafford, Petrovic was arrested after deputies checked on his vehicle, which was roadside. It is alleged that the defendant drove his vehicle on Route 5 when it became inoperable due to a flat tire. He was released on an appearance ticket and is due in Town of Stafford Court on Jan. 17. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Joshua Brabon.

Adam Richard Stone, 47, of Read Road, Pembroke, is charged with: driving while intoxicated; operating a motor vehicle while having a BAC of .08 percent or more; moving from lane unsafely; and operating a motor vehicle without an inspection certificate. At 6:54 p.m. on Dec. 16, deputies responded to Slusser Road in the Town of Pembroke for a one-vehicle accident. Following an investigation, Stone was arrested. He was issued appearance tickets and is due in Pembroke Town Court on Jan. 22. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Deputy Kyle Krzemien.

Kayne W. Probst, 24, of Lynn, Mass., is charged with one count of petit larceny, a Class A misdemeanor. Probst was arrested by the Le Roy Police Department on Dec. 13 after they received a complaint of a larcent that had just occurred at a local store. It is alleged that the defendant took merchandise from the store without paying for it. Probst was taken into custody without incident and was arraigned in the Le Roy Town Court. Probst was jailed in lieu of $500 bail and is due in Le Roy Town Court today (Dec. 20).

James O. Boughton, 18, of Chili Riga Center Road, Churchville, was arrested on Dec. 10 by the Le Roy Police Department and charged with unlawful possession of marijuana and disobeying a traffic control device, both violation-level offenses. While on patrol, Le Roy police allegedly observed the vehicle operated by Boughton pass through a red signal. Patrols executed a lawful traffic stop on Boughton’s vehicle, identified Boughton as the operator, and after a brief investigation allegedly found Boughton to be in possession of marijuana. Boughton was issued tickets and is to appear in the Le Roy Town Court on Jan. 17 to answer to the charges.

Batavia Middle School students trekked all over Batavia today as part of the school's annual Give Back Field Trip, where they visit various business and agencies to thank those who have supported the school.

Today's visits included the Sheriff's Office, State Police, Fire Department, and this visit to Batavia PD.

Le Roy PD, in cooperation with the county's STOP-DWI, conducted additional patrols this past weekend, which resulted in three arrests of people who are suspected of driving while impaired.

Late afternoon Saturday, Le Roy PD received a report of a woman who had driven to a local grocery store and appeared to be intoxicated.

Upon arrival, officers identified Linda B. Towner, 57, of Batavia, as the suspected driver. She was near a vehicle the officers believed she drove to the store. After further investigation, officers determined she allegedly drove the vehicle while intoxicated. She was taken into custody without incident and charged with DWI and driving with a BAC of .08 percent or greater.

That evening, patrols observed a vehicle moving at a high rate of speed in the Village of Le Roy. It also appeared that the driver’s view was obstructed. A traffic stop was initiated and the driver was identified as Scott M. Hoover, 46, of Bloomingdale, Ohio. After further investigation, Hoover was arrested and charged with DWI, driving with a BAC of .08 percent or greater, speeding, and driver's view obstructed.

Sunday evening, patrols observed the erratic operation of a vehicle. The car was moving in and out of its lane of traffic. At one point, the vehicle struck a curb and it also occupied two lanes at one time. Following a traffic stop, Jeremy J. Trzecieski was identified as the driver. Trzecieski, 42, of Pavilion, was charged with DWI, driving with a BAC of .18 percent or higher, consumption of alcohol in a motor vehicle, failure to use designated lane, and improper left turn.

Towner, Hoover and Trzecieski were all issued appearance tickets as the result of their arrests. All are to appear in the Le Roy Town Court on Jan. 17.

After a lifelong career in ministry, Gregory Van Dussen has written his first book, "Transfiguration and Hope."

"I have done a lot of writing in graduate school and a lot of reviews, but never a book,” Van Dussen said. “I didn’t think I had anything to write about until it hit me like a ton of bricks.”

As a new retiree, the vision became clear, he said.

“I had to do some reflecting about this time of life, getting old and the next life,” Van Dussen said. “I put that together with the Bible transfiguration of Christ.”

One thing which makes his book distinctive, he said, is in his research he read a wide range of authors, not only Christian authors from Protestant to Catholic but Eastern Orthodox, Coptic Orthodox writers from Egypt and Armenian Apostolic.

His book is a conversation across time and space, he said. He describes it as gathering many of those voices from the panorama of Scripture and church history and finding in them the common theme of radical transformation in Christ.

Van Dussen is a retired United Methodist pastor, having started 39 years ago in Batavia. From 1972 to 1974, he served as district superintendent. His career includes serving at churches in Bergen, Albion, Batavia, East Aurora and Springville.

His book is available at the Holland Land Office Museum, on Amazon and in local retail distributors, including the Book Shoppe in Medina, where he has a book signing scheduled from 11 a.m. to 1 p.m. Saturday, Dec. 22.

Van Dussen is already working on a second book of devotions, based on the lives of early circuit riders in North America.

“I have always been interested in those people,” Van Dussen said. “I found an abundance of information available online about these people.”

He hopes to have the new book available by next fall.

Press release: 

Today Congressman Chris Collins (NY-27) again called on New York State's Governor, Andrew Cuomo to stop diverting fees collected for 9-1-1 services. The Federal Communication Commission's annual report shows that New York State continues to divert nearly 42 percent of fees collected from consumers on their phone bills -- which are meant to be used to improve 9-1-1 emergency communications systems -- to the Governor's slush fund.

Earlier this year, Congressman Collins introduced the 911 Fee Integrity Act, that prevents states from diverting fees collected for 9-1-1 services. Collins' bill directs the FCC, in consultation with public safety organizations, and state, local and tribal governments, to determine the appropriate use of funds collected from consumers.

Currently, states are able to set their own definition of what is a covered cost for 9-1-1 fees, which has allowed states such as New York to divert fees into a general fund.

"It is completely unacceptable that New York State continues to divert funds meant to improve 9-1-1 emergency services, to Governor Cuomo's corrupt and shady slush fund," Collins said.

"These fees should be used to make important and necessary improvements to emergency response systems -- doing otherwise is inappropriate and puts New York residents at risk.

"We must prioritize the safety of our communities and improving these services is absolutely essential to keeping our residents safe. I remain committed to pushing the Governor to end this deceptive practice."

The FCC's annual report identifies six states and one territory as diverting 9-1-1 fees for other uses last year: Montana, New Jersey, New York, Nevada, Rhode Island, West Virginia, and the U.S. Virgin Islands. New York also tops the list with one of the highest 9-1-1 fess at $1.20 per line.

"When Americans pay 9-1-1 fees on their phone bills, they rightfully expect that money to fund 9-1-1-related services," said FCC Chairman Ajit Pai in the FCC's release. "Unfortunately, the FCC's annual report shows that, once again, several states have siphoned 9-1-1 funding for unrelated purposes.

"This is outrageous and it undermines public safety. But there is also some good news: Thanks to Commissioner O'Rielly's efforts to shine a light on the issue of 9-1-1 fee diversion, as well as the Public Safety and Homeland Security Bureau's ongoing work, this is the first time that every jurisdiction has responded to the FCC's annual 9-11- fee survey.

"Hopefully, drawing attention in this way to the unacceptable practice of 9-1-1 fee diversion will help end it."

The FCC is required by law to submit an annual report to Congress on the states' collection and distribution of 9-1-1 fees. The FCC's latest state 9-1-1 fee report, as well as reports from prior years, are available here. The agency also issued a Public Notice seeking comment on the findings in the new report.

At the close of yet another hearing on making restitution to her former employer, former Bergen resident Michele Ann Case made it clear how unhappy she is with HomeCare & Hospice, District Attorney Lawrence Friedman and The Batavian, accusing all of lying about her and defaming her good name.

Case called Friedman unethical. She said he had been duped by HomeCare & Hospice. Friedman, she also said, is just posturing for The Batavian, which she accused of libel.

"Then I want to go to jail and not pay any more restitution," Case told Judge Charles Zambito after Zambito warned her about her conduct. As she spoke, two deputies in the courtroom positioned themselves directly behind the chair she was sitting in.

She continued, "I don't want to see that man anymore," pointing at Friedman.

At the end of Case's rant, and before she could start again, Zambito adjourned the hearing.

Shortly after leaving the courtroom, Case emailed the following statement to The Batavian:

Please be advised that you have repeatedly printed lies about me on The Batavian and I hereby demand that you print an immediate retraction for your past 2 libelous posts. I also demand that you immediately cease & desist spreading falsehoods to the community I proudly served! Eventually, new evidence will exonerate me and implicate my former employer for falsely reporting a theft and insurance fraud and the DA will be brought up on ethics violations & prosecutor misconduct! 

Case has been in legal trouble in Genesee County since 2010 when she was accused of stealing more than $35,000 from an elderly patient. Those charges were eventually dismissed for reasons never officially disclosed by the court.

In 2011, she was accused of painting a mailbox that didn't belong to her, and later that year she was arrested and accused of bilking HomeCare & Hospice out of thousands of dollars by falsifying business records.

That case went to trial in 2012 and she was convicted by a jury but the conviction was overturned. An appeals court ruled that documents entered into evidence at trial were prejudicial and thereby denied Case her right to a fair trial.

Case was retried in 2014 and convicted again.

After the first conviction, a hearing was called to determine the amount of restitution Case owed HomeCare & Hospice and Judge Robert C. Noonan ruled that she would be required to pay $14,000.

Her attorney at the time tried to argue that restitution should be limited to the amount of money specified under the legal definition of third-degree grand larceny, which was $3,000.

Today, Case suggested that she has made restitution payments and that she owed no more than $2,500. It's not clear, but it appears Case believes The Batavian's prior reporting on the amount of restitution is libelous. Friedman said it was his impression that Case is claiming she's made sufficient payments to reduce the amount of restitution to $2,500. He said the court has been unable to confirm payments with officials in Niagara County, where Case now lives.

The issues currently in dispute about restitution, in this case, are whether Zambito has the authority to compel restitution and to set a payment schedule.

Since her second conviction, Case moved to Erie County and then Niagara County. Each time, her probation followed her into those counties. Public Defender Larry Ader, now representing Case -- though at the start of her rant in court this afternoon she told Zambito she was firing Ader -- said he believes that because Case was last on probation in Niagara County, and is no longer on probation. Ader maintains that only a Niagara County judge can issue a restitution order and that only the probation department in Niagara County can collect that restitution.

Zambito said he believes he has jurisdiction over restitution in this case and that he can order Genesee County Probation Department to collect the restitution.

Ader said it would be up to an appeals court to resolve the different views.

Prior to today, Case was supposed to supply a financial statement to help the court determine the amount of monthly payments, along with supporting documents. Friedman said the financial statement was delivered to his office late and that it only received any supporting documents 45 minutes prior to today's hearing. But with just a quick review of the documents, he said they appeared to be inadequate to support the financial statement.

According to Ader, Case hasn't been working while out on disability but should be cleared to work soon. In the meantime, her only source of income has been Social Security survivor benefits paid out on behalf of her 16-year-old child, who lives with her in Lockport. 

Friedman suggested a hearing might be needed so Case could be placed under oath to testify about her ability to make restitution payments. But after a conference with the Zambito and Ader at the bench, Zambito said he was going to order, for now, payments of $50 a month. That is the amount in the prior restitution order; they are to start at the beginning of the month.

Another hearing is scheduled 9:30 a.m., Jan. 7.

Previously:

• Bergen woman accused of stealing $35,000 from elderly woman's ...
• Police Beat: Alleged mailbox caper leads to charges in Bergen
• RN accused of creating inflated call claims to steal more than $14,000
• Grand Jury Report: Former employee accused of bilking her employer 
• Nurse convicted of falsifying pay records to steal money from her former employer
• Nurse who inflated claims to bilk employer of more than $14,000 gets four months in jail, probation
• Total amount of restitution still undecided for Bergen nurse who stole money from employer
• Amount of money nurse must repay former employer still unresolved
• Appeals court throws out conviction of woman accused of bilking employer out of $14K
• Former Bergen resident told second trial on fraud charges will be July 7
• Former nurse convicted for second time of stealing $14K from employer
• Former nurse from Bergen given probation following second conviction on grand larceny
• Restitution still pending in former nurse's seven-year-old theft case
• Restitution of $14K again delayed in case of former nurse who falsified business records

Press release:

Christmas is right around the corner and our Annual Red Kettle Campaign will be coming to an end. With only five days left of ringing our bells, we are still in need of raising $30,000.

That’s $6,000 a day we will need.

Genesee County has been very generous in the support of The Salvation Army. For those who have given through Angel Tree, Adopt a Family, and donations in our Red Kettles, we would like to express our gratitude for helping us to make Christmas brighter for those who are less fortunate here in our community.

Very soon the Christmas lights will fade, the trees will all be put away, gifts will be unwrapped and there will still be families in need. The funds we raise through our Red Kettle Campaign will carry us throughout the next year.

Families in need of food, first responders in need of meals and drinks, young people in need of a safe place to grow, and our senior lunch program in providing a hot meal every Tuesday. All of these are possible through our Red Kettle Campaign.

So in the hustle and bustle of these final days before Christmas, when you pass the Red Kettle, would you consider donating or stopping by The Salvation Army at 529 E. Main St. and dropping off your donation.

90 For 90 Challenge is still going on, we have had 14 businesses and individual donors who have graciously taken on the challenge and donated $1,000. We are still looking for 76 individuals or businesses to take on the challenge.

Police have yet to locate a person who was reportedly stabbed during an incident Monday night at 337 Ellicott St., Batavia; there has, however, been an arrest related to the case.

Rashawn L. Gosier, 40, of Shady Lane, Batavia, is charged with attempted assault, 3rd.

Chief Shawn Heubusch said Gosier is accused of attempting to assault another person at the same address during the same incident.

He said the police have only limited information on the stabbing victim, so have not been able to locate him.

Police responded to 337 Ellicott St. at 11:40 p.m. Monday to investigate a report of a fight. 

A subject, believed to be Gosier, fled the scene, where police located a stabbing victim and called for an ambulance. Officers then pursued the fleeing subject down Swan Street to the area of the railroad tracks.

While officers were busy trying to apprehend the person who fled, the stabbing victim left the scene.

Gosier, matching the description of the fleeing subject, was located a short time later in the basement of the incident location and he crawled out of a basement window (bottom photo).

He was taken into custody without further incident. After being taken to headquarters he was issued an appearance ticket on the attempted assault charge and ordered to appear in City Court at 1 p.m., Jan. 1.

If anybody has information that can assist in the investigation, they are asked to call Batavia PD at (585) 345-6350 or the confidential tip line at (585) 345-6370.

Press release:

Tammy Willis, acting state conservationist for the U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS) in New York State, has announced funding to help protect the Great Lakes as part of the Great Lakes Restoration Initiative (GLRI).

NRCS will provide financial and technical assistance to help improve surface water quality in waters flowing into Lake Ontario.

The Great Lakes Restoration Initiative funding is provided by the Environmental Protection Agency (EPA) to allow NRCS to target threats to the Great Lakes. In New York, the GLRI area includes portions of Niagara, Orleans, Monroe, Wayne, Cayuga, Oswego, Genesee, Livingston, Ontario, Wyoming, Steuben, and Allegany Counties, which drain into Lake Ontario.

NRCS in New York receives funding to provide financial and technical assistance through the Environmental Quality Incentives Program (EQIP) to eligible landowners and farmers for conservation work. GLRI focuses on practices that have the highest benefit for reducing water quality degradation due to agricultural runoff, including animal waste storage facilities, residue management, no-till, and nutrient management.

Applicants applying to implement practices to address farmstead resource concerns associated with livestock operations must provide a copy of their Comprehensive Nutrient Management Plan to NRCS by Jan. 18.

For fiscal year 2019, NRCS will accept applications for funding through Jan. 18. Applications accepted after Jan. 18 will be considered for funding in the next signup period. To apply for funding through the GLRI program interested farmers and landowners should contact their local USDA office by the above listed signup date.

For more information on GLRI visit this website.

If you are interested in applying for a conservation program please visit this website for information on applying.

You may apply by visiting your local NRCS field office, which can be located using this website.

The U.S. Department of Agriculture’s Natural Resources Conservation Service (NRCS) in New York State announces Jan. 18 as the application cutoff date for the general signup for the Environmental Quality Incentives Program (EQIP) for Fiscal Year (FY) 2019.

Through the EQIP program, NRCS offers financial and technical assistance to participants to implement practices which address priority resource concerns, including soil erosion, water quality and habitat degradation.

Focus areas within the EQIP program include the farmstead, soil management, habitat, forestry and grazing. Examples of practices implemented through EQIP include: strip cropping, grassed waterways, forest stand improvement and manure storage facilities. 

Applicants applying to implement practices to address farmstead resource concerns associated with livestock operations must provide a copy of their Comprehensive Nutrient Management Plan to NRCS by Jan. 18. Applicants applying to implement forest management practices must provide their Forest Management Plan by Jan. 18.

NRCS will work with applicants to review potential resource concerns on the land included in the application and to develop a conservation plan to address the identified resource concerns. 

Applications accepted after Jan. 18 will be considered in the next signup. All applications are competitive and ranked based on national, state and locally identified resource priorities and the overall benefit to the environment.

If you are interested in applying for an NRCS conservation program, please visit this website for information on applying.

You may apply by visiting your local NRCS field office, which can be located using this website.

The Get Fit Challenge effort began in 2011 to motivate third-, fourth- and fifth-graders in the GLOW (Genesee, Livingston, Orleans and Wyoming counties) region to get more active.

Every year, the program illustrates how many minutes young people spend engaged in physical activity outside of school in a manner the children can see and understand. Throughout the five-week program, participating students record their active minutes on a calendar log specially designed for the "Play to Get Fit" challenge.

Walking, biking, running, skating, swimming, playing a sport, playing tag, playing on a swing set and other active, creative games are all eligible for active "credit" minutes. However, video fitness games utilizing Wii, Xbox Kinect or other similar gaming systems are not eligible.

This year, Le Roy Central School recorded an impressive 2,673 average active minutes based on the number of students enrolled in third, fourth and fifth grades. The school was awarded the 2018 winning plaque and each student received a certificate recognizing their participation and effort.

The three most active participants (based on the total number of minutes recorded) in the GLOW region this year were:

• Reagan Moroz, of Perry, with 9,400 minutes
• Benito Bautista, of Le Roy, with 8,045 minutes
• Cameron Riggi, of Le Roy, with 7,650 minutes

In addition, the program recognizes the three most active students from each participating school district:

• Le Roy -- 1st Benito Bautista; 2nd Cameron Riggi; 3rd Connor Corcimiglia
• Batavia -- 1st Cade Shamp, 2nd Aiden Kopper; 3rd Ella Shamp
• Warsaw -- 1st Parker Cartwright; 2nd Jason Holmes; 3rd Jack Fraser
• York -- 1st Connor Boyd; 2nd Bailey Orman; 3rd Ethan Berger
• Pavilion -- 1st Peyton Gay; 2nd Emily Conway; 3rd Tessa Hall
• Perry- - 1st Reagan Moroz; 2nd Tysen Deaton; 3rd Aja Harvey
• Elba -- 1st Chase Zuber; 2nd Jireth Arias Diaz; 3rd Bing Zuber
• Medina -- 1st Dylan Johnston; 2nd Sawyer Lilleby; 3rd Robert Clute

"The Play to Get Fit program encourages kids to lead an active lifestyle in a way they can measure and see," said Becky Dziekan, GCC's director of Health and Physical Education.

"Each year, the participating school districts see proof that the program works! Congratulations to LeRoy and all of the students who worked hard to be active and enjoy the program."

The Health and Physical Education program at Genesee Community College offers several areas of study. The Sports Management Studies transfer degree programs or Associate of Science (A.S.) program includes foundations in accounting, marketing, sports facility management and more.

The Fitness and Recreation Management Applied Associate of Science degree (A.A.S.) program offers a Personal Trainer concentration and the opportunity to earn the National Commission for Certifying Agencies (NCCA) accredited credentials through the American Council on Exercise (ACE) as a certified personal trainer. In addition, GCC offers an A.A.S in Physical Education Studies in which students have the opportunity to earn a coaching certificate for NYS non-Certified Physical Education Teachers.

The spring semester is a great time for individuals seeking higher education or even some training to enroll. GCC has more than 80 introductory courses available, including Beginning Personal Fitness (PED259) which teaches basic fitness training and conditioning techniques and much more.

The full spring semester course schedule is available here.

Photo, clockwise from left: Le Roy Central School Physical Education (PE) teachers Michelle Sherman and Brian Herdlein, GCC Director of Health and PE Rebecca Dziekan, and Le Roy Central School student Benito Bautista (2nd Place).

The Batavia Rotary Club carried on its annual pre-Christmas tradition Tuesday with a visit from Santa and players who will participate in the Club's annual basketball tournament at Genesee Community College after the New Year.

The tournament this year tip's off at 6 p.m., Jan. 2 with a game between Notre Dame and Wellsville followed by a 7:45 p.m. game between Batavia and Cal-Mum.

The consolation game will be Jan. 4 at 6 p.m. with the championship game at 7:45 p.m.

Attica will not participate in the tournament this year because the school's marching band is participating in a New Year's Day parade and members of the basketball team are traveling with the band and they may not back it back in time for the tournament. So Wellsville is playing this year but that team's players and coaches were unable to attend Tuesday's luncheon.

Meet the captains:

Santa's visit is filled mostly with gag gifts for Rotary members. This year he recognized three members who embodied "service above self" through their volunteer efforts.

Callie McCully, Notre Dame, Ryan Stefaniak, Batavia, and Baylee Miller, Cal-Mum.

City Church hosted its annual community Christmas party at St. Anthony's on Liberty Street, Batavia, last night, and gave away 33 bikes to children from the neighborhood.

They also handed out a ton of toys.

Numerous people donated bikes, toys, and money to the event, said Ryan Macdonald.

Photos by Mo Schoen.

Jesse F. Markowski, 23, of East Road, Batavia, is charged with driving while intoxicated -- common law, and DWI with a BAC of .08 or more. Markowski was arrested at 1:44 a.m. Dec. 8 on Lehigh Ave. in Batavia after being involved in a single-vehicle accident on Lehigh Avenue. He was processed at the jail and was due in Batavia City Court this morning, Dec. 19. The case was handled by Batavia Police Officer Mitchell Cowen.

Justin P. Avino, 25, of Swan Street, Batavia, is charged with speeding, driving while intoxicated -- common law, and DWI with a BAC of .08 or more. Avino was arrested at 1:18 a.m. Dec. 9 on West Main Street in Batavia. He was processed at the jail and was due in Batavia City Court this morning (Dec. 19). The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Arick Perkins.

A two-vehicle collision, unknown injuries, is blocking traffic in front of Home Depot, 4181 Veterans Memorial Drive, Batavia. Town of Batavia Fire Department and Mercy medics are responding.