A property damage accident is blocking the roadway in the city in front of 14 W. Main St. Minor injuries reported. A vehicle slammed into a tractor-trailer at the junction of Main and Ellicott streets. A first responder on scene says the passenger vehicle's tires are blown and it's "flat on the ground."

Dan's Tire is en route with a flatbed tow for the passenger vehicle.

The location is just east of Porter Avenue.

"Traffic is pretty bad," says a first responder.

City fire is on scene, along with law enforcement. Mercy medics are called to aid an elderly female who was a passenger in the car.

On Saturday, Aug. 31, the Muckdogs franchise will honor the 2019 Boys Varsity Batavia Baseball Team on their Section V victory on the field before the start of the game.

The Muckdogs will play against Auburn on Saturday night; game time is 7:05.

The Blue Devils shut out Geneva June 1, winning 9-0 in the Class B1 title game. It was their first sectional title since 1998.

Everyone is encouraged to come out and show their support of the BHS varsity baseball team in recognition of their victory.

The high school team's boosters will also be raising money for the 2020 baseball season by having a 50/50 and other raffles, selling Batavia Blue Devil apparel, and conducting a tennis ball toss into the ball field after the game.

Press release:

The Batavia Area Jaycees are proud to announce their 32^nd annual Labor Day 5K Run & Walk, to be held on Monday, Sept. 2nd, at MacArthur Park in Batavia.

Participants should check in from 8 to 8:50 a.m. Race time is 9 a.m. The registration fee for runners/walkers was $25 if preregistered by Aug. 18^th, now it is $30, including the day of the event.  Runners/walkers 17 and younger was $20 if preregistered, now it's $25.

Awards will be presented to the top three finishers and first place in age group. 

You can register at runsignup.com or go to Batavia Area Jaycees Facebook page. Registration forms are available at runsignup.com and the day of race.

The Batavia Area Jaycees have been a part of the community and helping out for more than 65 years. Their goal is to provide young people with the opportunity to develop personal, professional and leadership skills through community involvement and specific trainings tailored to enhance their abilities for future endeavors.

Press release from Assemblyman Steve Hawley:

Assemblyman Steve Hawley (R,C,I-Batavia) is joining fellow legislators in cosponsoring a bill that will protect New York state drivers from Gov. Andrew Cuomo’s proposed $25 mandated fee on new license plates.

The legislation, introduced last week by Assembly Minority Leader Brian Kolb, would prohibit the state Department of Motor Vehicles from requiring a fee when the design of the state license plate is changed.

“This is yet another hidden ‘money grab’ coming from the governor’s office,” Hawley said. “Cuomo has no problem wasting taxpayer dollars on new signs for his father’s bridge and undocumented immigrants, but loves to shake down the taxpayers for every cent of their hard-earned paychecks.”

Last week, the governor announced that license plates older than 10 years old will be subjected to the new replacement requirement. The governor’s plan imposes a mandated $25 fee, which is the maximum allowed by law for new plates, on top of the already-burdensome registration renewal costs. Drivers who want to keep their license plate number will also be forced to pay an extra $20 under his proposal.

According to Cuomo's plan: beginning April 1, 2020, through the plate replacement program, as customers renew their vehicle registrations over the next two years, those with license plates that are 10 years old or older will be issued new plates. The current $25 license plate replacement fee will be added to the cost of the vehicle owner's registration renewal. Customers may also keep their current license plate number for an additional $20 fee. Plate issuance begins for both original issuance and renewals on April 1.

The plate replacement program is part of the governor's efforts to modernize New York's transportation system. There is also a vote being taken by the governor's office for the new winning design among five that are proposed. Voting is underway now through Sept. 2.

In addition to whichever new design is chosen, there are 200 custom designs offered by the NY DMV.

For more information about the plate replacement program, click here.

(Image provided by Steve Hawley's office.)

Submitted photo and information from Student Transportation of America:

ALEXANDER -- Bus driver Vikki Boyce Czechowicz, who works for Alexander-based Student Transportation of America, received the Heroism Award recently from the NYS Education Department.

She is at left in the photo above with her manager Tonya Phillips.

The Herosim Award is one of several honors Czechowicz has received since rescuing 17 children from a school bus that became engulfed in flames after its engine caught fire May 28 in Sheldon, Wyoming County.

According to the bus company, which provides transportation for Genesee County schools, Czechowicz, who lives in Wyoming County, was proceeding through her morning route for the Attica Central School District on Maxon Road in Sheldon when she noticed smoke coming from under her dash.

She radioed dispatch that she was evacuating the 17 students (K-12) who were on the bus. She was on her way to pick up two more students when the mishap occurred.

After the children had exited the bus, which she attributed to their prepardedness and ability to listen and obey instructions, Czechowicz went back inside to check for sleeping students. As she came to the front of the bus, she saw the flames coming from the engine area and within minutes the school bus was fully engulfed in flames and the front tires exploded. No one was injured.

“It was due to this driver’s quick thinking and school bus safety training that all the students were safely evacuated,” said Paul Overbaugh, director of Pupil Transportation, NYS Education Department.

New Listing Alert: 168 Ross St., Batavia. Solid double in good neighborhood-all utilities are separated! Long-term tenant in upper unit not looking to move and downstairs recently vacated ready for immediate occupancy, could be great owner occupancy!

This double is a great investment! Call Lynn at Reliant Real Estate today at 585-344-4660 today or click here for more information on this listing.

Photos and information from Teresa Tamfer, Batavia Society of Artists:

The Batavia Society of Artists is hosting artist Shauna Blake (in top photo) from 7 to 9 p.m. on Tuesday, Sept. 10th at GO ART!, inside Seymour Place, 201 E. Main St., in Downtown Batavia.

Blake will be doing a hands-on alcohol ink demonstration.

Non-members welcome with a $5 fee.

Below, Blake's "Teal Rust Reflect."

Bottom, Blake's "Purple Bloom."

From the Genesee County Chamber of Commerce:

The Genesee County Chamber of Commerce will host the 30th annual Decision-makers Ag Tour on Wednesday, Sept. 18.

It is open to the public.

The initial tour begins at 8 a.m. at the Kennedy Building at the Genesee County Fairgrounds, 5056 E. Main Street Road, Batavia.

After registration / check-in, breakfast and a quick welcome and discussion with Bill Schreiber, of ​O-AT-KA Milk Products Co-Operative Inc., attendees will board the bus and be transported to the next location.

The bus will return to the fairgrounds once the tour ends at 12:30 p.m.

The tour will include:

• Autumn Moon Farm Winery, 7585 W. Bergen Road, Bergen
• Black Creek Cidery, 6885 Warboys Road, Byron
• Sweet Life Country Store, 100 S. Main St., Elba

Register

Via email at:   kbermingham@geneseeny.com

Online by visiting the chamber website's events page here, then click on the button for the ag tour.

Or call the chamber office 585-343-7440.

Junior D. Benedict, 40, of West Bay Street, Englewood, Fla., is a registered sex offender charged with failure to report a change of address within 10 days -- a felony, and falsifying business records in the first degree, also a felony. At 7:40 p.m. on Aug. 25, Benedict was arrested following an investigation. He allegedly failed to register his change of address within 10 days to the NYS Division of Criminal Justice Sex Offender Registry. It is also alleged that he falsified a sex offender address change form at the Genesee County Jail, which is in the City of Batavia. He was arraigned in Batavia Town Court and put in jail without bail. He was due to return to Batavia Town Court on Aug. 25. He is scheduled to appear in the City of Batavia Court to answer the falsifying business records charge on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Carlos Daniel Dejesus, 20, of Clifford Avenue, Rochester, is charged with: two counts of criminal possession of a controlled substance; unlawful possession of marijuana; plate display violation; and operating a motor vehicle without a driver's license. At 10:22 p.m. on Aug. 23, Dejesus was stopped on Route 490, mile marker 0.1 in Le Roy for allegedly not having a distinctive rear license plates displayed on his vehicle. It is alleged that he was subsequently found to be operating without a license. "Criminal indicators" were observed and the vehicle was searched. Dejesus's passenger, and Angelle L. Dreier, no age or address provided, was also charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana. Both were allegedly found to possess cocaine and marijuana. They were issued appearance tickets for Town of Le Roy Court on Sept. 12. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Genesee County 4-H Hippology Contest Participants for 2019 -- Eva Rhoads, left, and Alexandria Tarbell.

Submitted photo and press release:

Congratulations to the Genesee County 4-H members who competed in the 4-H Hippology Contest at the New York State Fair.

Hippology is a contest that tests the participant’s equine knowledge through a variety of stations and written questions.

4-H members from across New York State competed in the contest on Sunday, Aug. 25^th. 

The Genesee County 4-H Team placed fifth in the contest. In individual results, Eva Rhoads placed 11^th and Alexandria Tarbell placed 15^th. 

Congratulations to all of the 4-H’ers competing at the New York State Fair!

For more information on the Genesee County 4-H Program, please contact the 4-H Office at genesee4h@cornell.edu or (585) 343-3040, ext. 131.

Submitted photos and press release:

Over the this coming Labor Day weekend, Aug. 31 through Sept. 2, Genesee Country Village & Museum in Mumford will offer its neighbors a sweet deal: free admission for residents of Le Roy and Batavia (as well as Caledonia, Mumford, Scottsville and Avon).

Residents of those communities need only show proof of residency (i.e. ZIP Code) to get in for free, including on Labor Day when the Museum celebrates its Hop Harvest Festival.

In addition, a shuttle bus will run from Buffalo and Batavia to the Museum and back on Monday, offering a safe and convenient way for people to enjoy the day.

The bus will stop at the Williamsville AAA office and Batavia Downs Gaming & Hotel before heading to GCV&M in the morning, then return on the same route for afternoon drop-offs.

Bus reservations are required and there is a $10 fee for bus tickets, allowing visitors to relax and enjoy Hop Harvest and all the tastings on offer. Details can be found on the Museum’s website, gcv.org.

As one of New York State’s original cash crops, hops are enjoying a revival with the burgeoning craft beer industry that’s been thriving locally. During the Hop Harvest Festival on Labor Day, the Museum will take visitors on a tour of hop history, and provide a taste of the present day with their own signature craft brews, created from historical recipes and brewed locally by CB Craft Brewers.

Visitors to the Museum can tour the only working 19^th-century brewery in the United States and see the hops being harvested on site. In addition to the signature Fat Ox and Intrepid Ales on tap, there will be beer-inspired food tastings on hand throughout the village, as well as demonstrations and crafts all related to the theme of hops and history.

For families, games and sack races make for a fun day for all ages, plus a walk down to visit the farm animals is always a popular option. In the John L. Wehle Gallery, two exhibits are currently running, the popular "Victoria’s Closet" and the engaging "Working Like a Dog."

Genesee Country Village & Museum is open from 10 a.m. – 4 p.m. Tuesday-Sunday, plus Labor Day.

Presale tickets for Hop Harvest are discounted $2 each when purchased through the Museum website for a reduced cost of $20 adults/$17 seniors/$17 college students/$12 youth/free for children 3 and under. GCV&M members receive free admission.

Support for the Hop Harvest Festival provided by Market NY through I LOVE NY/New York State’s Division of Tourism as a part of the Regional Economic Development Council awards. This event is also generously sponsored by Tomkins Bank of Castile.

About GCV&M

It is the largest living history museum in New York State with the largest collection of historic buildings in the Northeast. The Museum, with its John L. Wehle Gallery, working brewery, vintage baseball park, and Nature Center, is located in Mumford, 20 miles southwest of Rochester and 45 miles east of Buffalo. Visit www.gcv.org for more information.

Top photo: Grieves Brewery at work, courtesy of Loyd Heath.

Bottom photo: Visitors at the farm, courtesy of Ruby Foote.

From the City of Batavia Fire Department:

At approximately 9:13 p.m. on Monday, Aug. 26, the City of Batavia Fire Department was dispatched to a possible kitchen fire at Walden Estates, 337 Bank St., apt. #44. First arriving fire units responded and were on scene in under four minutes from time of dispatch.

Submitted photos and press release:

When eight of the first nine Batavia Muckdogs had hits or walked in the first inning, it was going to be a good night of baseball

In the end, the Muckdogs (38-31) won, 10-0 to move 1.5 games ahead of West Virginia (36-22) and two games ahead of State College (36-33) in the race for the first place and the playoffs in the New York-Penn League Pinckney Division.

"We were clicking on all cylinders. All we needed was one run and the pitching did the rest," said Jack Strunc, a 25th-round draft pick of the Miami Marlins this year out of Creighton University (Omaha, Neb). "This was big win because we are building some momentum going into the West Virginia series, we heard they lost tonight, so that's big for us. Hopefully we can keep things going into the game tomorrow and the big series ahead."

The Muckdogs are home this morning at 11 o'clock for Senior Day, as there are $2 ticket specials and it's Pups in the Park.

Strunc had his best game of the season, going 3-for-3 with his seventh double and five RBI's.

Milton Smith II (run, RBI), Troy Johnston (run) and Albert Guaimaro all had two hits.

Julian Infante had a two-RBI single and scored two runs, Andres Sthomes had a RBI single and scored and Sean Reynolds was walked twice, reached on an error and scored three runs.

On the mound, Julio Frias, a Muckdog all-star, went five innings of shutout ball scattering three hits with five strikeouts and only one walk. Frias, a lefty, is 5-3 on the season with a 2.60 ERA.

Brock Love tossed two scoreless innings with three strikeouts and one hit lowering his ERA to 2.66 while Jonaiker Villalobos went two scoreless innings striking out three allowing just one hit.

After the 11 a.m. game today, the Muckdogs travel to first-place West Virginia for three games, then return home Saturday night for a 7:05 game, which is Fan Appreciation Night and fireworks. The final home game of the season is Sunday at 5:05 p.m. against Auburn.

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.

(Top photo: Batavia Manager Tom Lawless and Nic Ready share a laugh in the dugout during a pitching change as Batavia jumped out to a 5-0 first inning lead and won, 10-0. Batavia is in first place in the New York-Penn League Pinckney Division by 1.5 games after the victory.)

(Bottom photo: Jack Strunc went 3-for-3 with a double and five RBIs, earning him a pie in the face from teammate Sean Reynolds after the Batavia Muckdogs won, 10-0.)

A second-alarm fire is reported at 337 Bank St. at the Walden Estates Apartments, Apt. #44, in Batavia. A man who lives there has burns on his arms and an ambulance is called in non-emergency mode.

The address is between Ross and Vines streets in the city. City fire and Alexander's Fast Team are called to the scene, along with Le Roy Fire Department.

This call was initially toned out as a kitchen fire.

UPDATE 9:33 p.m.: City Engine #12 is on scene.

UPDATE 9:37 p.m.: Responders are asked to bring overhaul tools to the scene.

UPDATE 9:44 p.m.: Batavia command tells Alexander the fire is mostly knocked down.

UPDATE 9:45 p.m.: Command reports fire is knocked down; overhaul commencing.

UPDATE 11:51 p.m.: The American Red Cross was reported en route about 10 minutes ago to assist the displaced occupants of the burned-out apartment.

Photos by Frank Capuano.

A letter in Friday's mail at the Genesee County Sheriff's Office took the term "snail mail" to a whole nother level -- the batch contained an envelope postmarked 12 p.m. Aug. 30, 1929, from Youngstown, Ohio to a man living at 14 Main St., the address of the local jail.

That's exactly one week shy of 90 years: Aug. 30, 1929, to Aug. 23, 2019.

"We thought it was pretty interesting," said Sheriff William Sheron this afternoon.

Even more notable is the black stamp on the left side of the "via air mail" envelope, distinctly bordered in red, white and blue, declaring it was being delivered by the "first official airmail pick-up in the United States."

Like the sender, the courier was also out of Youngstown, Ohio, a newfangled service named "Adams Non-Stop Method."

But the missive for Carl L. Wenzel was obviously dead in its tracks someplace.

The back of the envelope shows a stamp indicating it arrived promptly in Batavia, NY, at 9 a.m. on Aug. 31, 1929.

So Adams Non-Stop Method was fast; its claim valid. Trusty pilot Harry Seivers did his job.

The Batavia Postmaster at the time was Henry R. Ware (tenure 1927 to 1933). To think that this piece of mail has been next door to the jail at the Post Office on Main Street perhaps all this time...

But the U.S. Postal Service is dedicated and, by God, if a piece of mail turns up, they'll get it to you regardless. Remember their motto: "Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds."

The passage of time is irrelevant, even though the intended recipient is long dead. It's the principle that counts.

The envelope intended for Wenzel only contained seven small blank rectangles of paper, sent to him by someone apparently wanting to correspond or at least supply him with the means to correspond with somebody.

The sender in 1929 paid for two five-cent stamps with bespectacled Teddy Roosevelt on them -- a value of $1.50 in today's dollars. That's when gas was a quarter a gallon and a pound of steak cost 52 cents -- before the stock market crashed two months later and changed everyone's math for the worse for a long time.

(Here's a link where ephemera buffs can bid on similar pieces of mail.)

Below, the seven blank pages of writing paper that were inside the envelope.

Bottom, the back of the envelope, showing it was received in Batavia, NY, at 9 a.m. Aug. 31, 1929.

The following people were arrested by the Genesee County Sheriff’s Department during the Slipknot concert at Darien Lake Performing Arts Center on Sunday, Aug. 25.

Kristopher P. Ware, age 39, of Phinney Road, Hannibal, was arrested for second-degree harassment, disorderly conduct and obstructing governmental administration in the second degree after allegedly kicking a Live Nation security guard, then fighting with the Live Nation security while being ejected from the concert. Ware then allegedly obstructed deputies from completing his arrest. He was arraigned in Darien Town Court and jailed in lieu of $1,000 bail. 

Darius M. Duggan, age 37, of Taylor Road, Hamburg, arrested for second-degree criminal contempt after allegedly being found with another person who possessed a stay away order of protection against him. Duggan was arraigned in Darien Town Court and released on his own recognizance. 

Daniel L. Wilson, age 52, of Putnam Street, Union City, Pa., arrested for two counts of second-degree harassment, and obstructing government administration in the second degree after allegedly kicking a deputy and a Live Nation security guard and then obstructing the completion of his arrest. Wilson was arraigned in Darien Town Court and jailed in lieu of $1000 bail. 

The following were arrested and issued appearance tickets to be in Darien Town Court at 3 p.m. on Sept. 10:

Joshua M. Marshal, age 26, of Byron Avenue, Bronx, arrested for third-degree criminal trespass after allegedly reentering Darien Lake property after being ejected and told not to return. 

Walter T. Rogers, age 61, of East 94^th Street, Brooklyn, arrested for third-degree criminal trespass after allegedly reentering Darien Lake property after being ejected and told not to return. 

Christopher R. Kocur, age 33, of Reyer Road, Auburn, arrested for third-degree criminal trespass, after allegedly entering the concert venue after being ejected and told not to return. 

Jeffrey A. Wakeman II, age 32, of Grannis Road, West Monroe, arrested for third-degree criminal trespass after allegedly entering the concert venue after being ejected and told not to return. 

Sean P. Derisio, age 27, of Eaton Road, Rochester, arrested for second-degree harassment and fourth-degree criminal mischief after allegedly punching another person in the face breaking their eyeglasses. 

Justin L. Costello, age 31, of Eaton Road, Rochester, arrested for second-degree harassment after allegedly punching a Live Nation employee in the face.  

Holden S. Child, age 20, of Henderson Road, Wellandport, Ontario, Canada arrested for trespass after allegedly jumping a fence to gain entry into the concert venue. 

Joseph E. Harrison, age 20, of Woodbridge Drive, St. Catherines, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

Carey Culverhouse, 60, of Grandview Avenue, Tonawanda, (inset photo left) is charged with first-degree assault. He was arrested on a warrant out of Batavia City Court that was issued following an investigation into a stabbing on East Main Street in Batavia that occurred in September of 2017. He was located by the Tonawanda police and turned over the Batavia police. He was arraigned in Batavia City Court on Aug. 22 and jailed without bail. He was due to return to city court on Aug. 23. The case was handled by Batavia Police Officer Christopher Lindsay.

Malik I. Ayala, 27, of Walnut Street, Batavia, (inset photo right) is charged with second-degree burglary. He was arrested on Aug. 13 by Batavia Police officers Adam Tucker and Jason Ivison. He is accused of entering another person's residence on Naramore Drive in Batavia at about midnight on Oct. 14 and stealing property. He was arraigned in Batavia City Court and turned over to the GC Sheriff's Office, where he is being held on unrelated charges.

Alan R. Price, 24, of Chili Avenue, Rochester, is charged with: endangering the welfare of a child; criminal contempt in the first degree; and second-degree strangulation. Price was arrested on Aug. 12 for an incident reported at 8 a.m. on April 11 on North Spruce Street in the City of Batavia. He was arraigned in Batavia City Court and jailed on $5,000 cash or bond. The case was investigation by Batavia Police Officer Matthew Wojtaszczyk.

Kaleb J. Bobzien, 21, of Dellinger Avenue, Batavia, is charged with criminal contempt in the first degree. He was arrested after a domestic incident investigation in which it is alleged that he had contact with a protected person at 9:50 a.m. on Aug. 22 on Dellinger Avenue. Bobzien was jailed without bail and was due in Batavia City Court today (Aug. 26). The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Sean Wilson.

Brandon C. Dodd, 32, of Clinton Street, Batavia, is charged with: petit larceny; second-degree burglary; and second-degree criminal contempt. He was arrested on Aug. 24 after a domestic incident on Highland Park, Batavia. It is alleged that he broke into the home of a protected person and stole money. He was arraigned in Batavia City Court Aug. 24 and jailed without bail pending his return to city court today (Aug. 26). The case was handled by Batavia Police Officer Marc Lawrence.

Kevin Hal Deet, 69, of Rogers Road, Hamburg, is charged with trespass. He was arrested at 8:22 p.m. on Aug. 25 at Batavia Downs Gaming and Hotel on Park Road in Batavia after allegedly refusing to leave after being told to do so by security officers and deputies. He is due in Batavia Town Court on Sept. 12 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Andrew Hale.

Danielle E. Cummings, 41, of Batavia Oakfield Townline Road, Batavia, is charged with aggravated unlicensed operation of a motor vehicle in the first degree. Cummings was allegedly observed driving on Verona Avenue in the City of Batavia at 2:41 p.m. on Aug. 23 while having 17 active suspensions -- fifteen of them on 12 dates. She was arraigned in Batavia City Court and jail in lieu of $500 bail. She is due in city court at a later date. Sgt. Dan Coffey handled the case.

Taylor L. Finnin, 26, of Highland Park, Batavia, is charged with possession of a hypodermic instrument and loitering while unlawfully using a controlled substance in a public place on Jefferson Avenue in Batavia at 1:55 p.m. on July 9. He was arraigned Aug. 22 in Batavia City Court and jailed in lieu of $1,500 cash or $3,000 bond. The  case was investigated by Batavia Police Officer Jordan McGinnis, assisted by Officer Christopher Lindsay.

Ashley Marie Silliman, 23, of West Genesee Street, Corfu, is charged with petit larceny. She was arrested following a shoplifting complaint at the Dollar General on East Main Street in Batavia at 1:42 p.m. on Aug. 21. She issued an appearance ticket and is due in Batavia City Court on Aug. 27. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Marc Lawrence.

Photo and story by Alecia Kaus/Video News Service.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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