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Antwan Odom trial: 50 bucks missing from a Gatorade bottle led to a bloody confrontation

By Billie Owens

The violent altercation on Ross Street in the city between Antwan L. Odom and Raymond Leach III on Aug. 4, 2018 was a case of "combat by mutual agreement," District Attorney Lawrence Friedman said in his opening statement just before noon Tuesday in Genesee County Court.

Odom's attorney Frank Housh has a different theory.

Both Friedman and Housh offered their take on the confrontation between the two former buddies and teammates during opening their opening statements, which preceeded sworn testimony by Leach, his mother, and the first officer on the scene.

The defendant, Odom, is accused of first-degree assault, a Class B violent felony, and also criminal possession of a weapon (a knife) in the fourth degree, a Class A misdemeanor.

The beef was prompted by the purported theft of about $50 stashed in a Gatorade bottle next to Leach's dresser in his bedroom at 153 Ross St. The plastic bottle turned up missing when Leach was on vacation last summer in South Carolina.

On July 29, Leach contacted Odom on social media, accusing him of taking his money.

Police were never contacted. Instead, when Leach returned home Aug. 4, he spotted Odom outside his house at 157 Ross St. and decided to confront him about the problem and handle it "man to man," Leach said on the witness stand.

Leach said he parked his car after his long drive from the South, and, instead of going home, went to confront Odom.

"We could take this elsewhere," Leach told Odom, in deference to small children playing outside.

This wasn't a case of self-defense for Odom, Friedman maintained.

Both teens walked to an area removed from the kids (149 Ross St., near a basketball hoop) and a fight ensued.

Leach acknowleged he struck the first blow and landed several others before Odom fell, rose, then got punched a few more times by Leach, before falling down again.

Odom's punches never landed, Leach said.

Leach said Odom declared "we're done" and Leach turned to go home.

Odom wound up on the losing end that afternoon -- getting pummeled into unconsciousness, according to his attorney.

Odom managed to revive quickly and pursued Leach "to seek retribution," in Friedman's theory of the case, following him to his house.

Leach testified he heard shuffling behind him, turned and saw Odom with a knife, and so Leach ran, stumbled on some wood and fell down on rocks on the ground.

Odom chased him down and took the opportunity to stab him in the back and elsewhere with a small pocket knife half the size of an ink pen, jurors were told, leaving Leach to lurch into his house and collapse on his kitchen floor.

Bloody and weakened, he yelled loudly for his mother's help.

Friedman said on Tuesday that Odom ran from the scene and disposed of the knife, which has never been recovered.

Police and medics were called, though not straightaway, and Leach was taken to Strong Memorial Hospital in Rochester where his 12 stab wounds and cuts were sutured; he was released that evening.

A large gash above the knee of Leach's right thigh was his most serious wound and he suffered nerve damage, according to statements on file by his doctor, who testifies later this morning (Wednesday).

Leach healed, returned to Batavia High School in the fall, and played "great" varsity football last year. Some pain and tingling in his nerves persist, the standout athlete said.

Friedman told jurors the evidence would show that Odom intended to cause serious physical injury and did so by means of a dangerous instrument -- a knife, which the DA said Odom carried on him because he intended to use it.

In defense attorney Housh's opening statement, he pounced on Friedman's opening statement reference to Leach's football glory-- twice, quoting the DA as saying "Ray Leach had a great season."

Housh asked "Why? What difference does it make if Ray Leach is a football player? That Batavia made it to state (Class B varsity football championship)?"

Then Odom's attorney posited that most people who believe they've been the victim of theft call police. But instead, in this case, "the victim -- a great athlete who took the football team to state -- called (Antwan) out."

"My client lost the fight -- he got beat up bad because 'Ray Leach is a great athlete,' " Housh said. "Ray Leach confronted my client and my client got the hell beat out of him."

The police, once contacted, had to arrest somebody, Housh told the jury.

But it was not going to be the guy who "rushed for 3,012 yards, had 49 touchdowns, scored 310 points (on the season) and went 410 yards in the final game and had three touchdowns...Remarkable physical achievements...It had never happened in Batavia -- the football team went to state."

Housh then surmised that the entire criminal justice system in the City of Batavia got on board with keeping their wunderkind -- "the 2018 New York State Class B Player of the Year" -- unsullied by the actions that took place Aug. 4, 2018.

By the way, the slightly harried Housh went on, Friedman neglected to mention that Leach testified under oath (before the grand jury) that he communicated to Odom his intent for street justice, posting: "I'm going to end you."

"My client is not allowed to defend himself?" he asked. "There's no evidence of serious physical injury, but they want to put my client away."

What it boils down to is that the rules mere mortals have to abide by, like calling the police when a crime is believed to have been committed, do not apply to a "super human with athletic prowess on the field. They don't apply to Ray Leach. ... I don't want to live in that world," Housh said.

The particulars in the case don't add up; they don't make sense. The evidence doesn't support (the charges) and the charges should never have been brought, Housh concluded.

The first witness called in the afternoon was Leach's mother, Michelle Thornton, who testified that Leach was 17 at the time of the incident. She said she went into his room while he was on vacation and found his mattress off the bed and on the floor; his TV had been moved; furniture drawers were open and the room was in "disarray."

Thornton said she called her son in the Palmetto State to ask him if he had left his room like that. Leach asked about his Xbox, PS4 Console (PlayStation 4 Console) and other items, including the Gatorade bottle with money in it, and she told him everything was there except the Gatorade bottle.

Asked when she first became aware that her son had returned from vacation, she replied it was when he screamed for her.

"I knew something was wrong," she told the district attorney.

It was after 3 p.m. that Saturday and she was in the living room at the other end of the first-floor dwelling. She ran to the kitchen and found Leach, bloody on the floor. She said she saw three severe wounds in his back and wounds to his chest and arms and he was screaming for help.

"He stabbed me!" he told his mother.

"Who?" she asked.

"Antwan!" he said.

Thornton said she looked outside and saw Odom's grandmother with a phone in her hand and she told her to call the police. Odom's grandmother mentioned seeing blood on Antwan's hands, Thornton said.

Her son told his mother: "I don't need police; not for $50 in change. I need help."

Someone notified the emergency dispatch center and police and medics responded.

Meanwhile "(Ray) was weak and his eyes were rolling back in his head and he was starting to lose consciousness," Thornton testified, adding that her son told her he saw Odom with a knife with a yellow handle.

She covered her son with her body, using the pressure from it to staunch the bleeding from his back, his chest, his thighs, his hand.

She told her son "stay with me."

Medics arrived and she held gauze on her son as they prepared him for ambulance transport to the hospital.

She went along and her son was rushed into the trauma unit at Strong; doctors told her a couple of the stab wounds had nicked internal organs. After lots of novocaine and stitches, he was transferred to a room and released later than night.

"My son was in a lot of pain; he fought through it," Thornton said.

Asked about how her son fared afterward, the mother said he'd cry in pain after football practice and the over-the-counter medicine Motrin he was told to take wasn't working. Leach did not want to see a doctor or take narcotics because he feared it would interfere with his football playing, which is "his life."

At some point, nerve-blocking patches were employed and although they weren't a total answer for pain, they "got him through." He still complains of the sensation of "bugs crawling in there" or "liquid coming out," his mother said.

The defense attorney then cross-examined Thornton.

"Did your son say he was going over to Antwan's to beat him up?" Housh asked.

"No," Thornton said.

"But that's what he did, didn't he?" the attorney asked.

"Yes," Thornton said.

Leach, it was said, wanted Odom to know that it was not OK for him to disrespect his home.

When Thornton discovered her son's room in a condition "beyond messy" she admitted it occurred to her that burglary was the possible explanation, yet police were not summoned.

At this point, the jury was asked to take a recess.

Housh was honing in on the fact that more valuable items remained in the bedroom, but 50 bucks in coinage from a Gatorade jug was the purported provocation for a bloody fight.

The district attorney and Housh sparred over legalese and the judge wanted to know what Housh was getting at. Housh said he would argue, based on evidence he said exists, that the stolen money was from marijuana sales. And that maybe something more valuable than coins was in the jug, too...

"What difference does it make if it's money or marijuana?" Judge Charles Zambito asked.

"Because marijuana is illegal," was Housh's exasperated reply.

Then Housh complained that Thornton had made a statement about Odom's grandmother saying her grandson had blood on his hands and he wanted the jury to be instructed to disregard the statement.

Zambito refused, saying Housh had time and opportunity to object to the statement forthwith in front of the jury and failed to do so. He also said he did not think letting the statement stand would have any substantive impact on jurors.

Housh returned to a motif he is wont to use: that he must be circumspect about his questioning to the point of second-guessing himself because "everything he does gets reported (by Friedman)" (he claims) to the New York State Commission on Judicial Conduct.

"I am being prosecuted as well," lamented the esquire.

"I don't care," Zambito said flat out. "You can't let it interfere with the defense of your client," otherwise you should remove yourself from the case.

Friedman responded to the allegation for the record: "It's ludicrous; I have not been reporting anything to the (commission)."

When the jury was ushered back in, Ray Leach took the stand.

He told the district attorney that after the fight, when he was walking back to his home, he heard feet shuffling behind him, he turned around and saw Odom with a knife approaching him. He ran and tripped on some wood and the next thing he knew Odom was on top of him stabbing him.

They tussled, then he was on top; the stabbing continued and he tried to wrest the knife away.

Leach was able to run up the stairs and into the kitchen before collapsing.

Friedman showed the jury photos of the injuries 14 months ago, the bloody striped shirt with cuts in it, and the scars as they appeared Monday (Sept. 30).

"It's hard to squeeze stuff sometimes," Leach testified about his hand injury when asked about his condition these days.

Leach was repeatedly told by the judge and the court reporter to speak up and speak clearly when he was on the witness stand.

He told the prosecutor that he couldn't practice until about a week before the start of the 2018 season. In the first game, he had to stop because the deep cut in his thigh opened up and began bleeding. It wasn't until the eighth and ninth week of the season that he got up to speed, even then he took himself out of games before they ended because of his injuries, he said.

"How else did the stab wounds affect you -- mentally?" Friedman asked.

That set Housh off, who objected to the question on the grounds that nothing in the case regarding Leach's mental health had heretofore been raised and thus it's not relevant now. His objection was sustained.

Housh on cross-examination repeated his litany of Leach's athletic achievements and asked, given all the testimony about his injuries and suffering, how he managed such feats in the months afterward.

"I wish I could have done better," said Leach.

"You were spoiling for a fight weren't you?" Housh asked of the Aug. 4th encounter.

"I wasn't spoiling," Leach replied.

Housh then had him read portions of his sworn statements, where he directly contradicted that, saying "yea" that he intended to fight because he thought Odom had stolen from him.

"Let me find out who ran through my room -- it's over for you."

However, Tuesday afternoon, he refused to answer in the affirmative to the question of intent posed by the defense attorney.

Leach noted that Odom used a "shush emoji" in their correspondence (a smiley face with an index finger over a closed mouth, meaning "keep quiet.")

"Why would he use a shush emoji if he didn't do it?" Leach asked.

Why didn't you call the cops? the attorney asked.

"Not really a cop caller like them. Not my thing," he mumbled and was told to repeat and clarify what he said.

"Is it possible you didn't want police to come because you didn't want them to know what was really stolen?" Housh asked.

"No," Leach replied.

After reiterating his recollection of the aftermath of the fight, Housh asked Leach if it was possible that some of his injuries were sustained by his fall on the rocks and wood outside his house.

"No they wouldn't have slashed me," Leach responded.

Then the defense attorney asked how it was possible for someone with his stats for rushing on the football field could be chased down by and overtaken by Odom, who is slightly built.

The trip and fall for starters, Leach explained, then he tried to get control of the knife but after 12 punctures, he "got tired from getting stabbed."

Asked if he thought Odom intended to kill him Leach said: "Little bit. Twelve times -- a little much."

Again, a direct contradiction of what the sworn statement Leach signed said.

The final line was read by Leach in court at Housh's behest: "As this was going on, I was scared. I never thought he was going to kill me."

Asked about the discrepancy then and now, Leach said: "He assured me I wasn't going to die right there."

Standing next to the witness stand, Housh leafed through all the pages of Leach's sworn statement, pointing out to the witness his signature and initials on each page in acknowledgment of the veracity of the statements and that each page had been read.

But Leach told jurors he had read none of them and signed and initialed them just to be done with the proceedings because he was in pain.

After a short recess, the jurors heard testimony from the day's final witness, Batavia Police Officer Mitchell Cowen.

He testified that on the day in question, he was just starting his 3-to-11-o'clock shift when he was dispatched to 153 Ross St. He was the first officer to arrive.

"When I entered the residence, Leach was on the floor and his mother was with him," Cowen said.

He found Leach to have mutliple lacerations, and blood was soaking through his clothes and it was on the kitchen floor.

"I rolled him on his back," Cowen recalled. "He was bleeding from multiple lacerations. I radioed for an ambulance."

After Leach was transported to Strong, Cowen went there to take photos of the injuries. He returned to Batavia Police headquarters with Leach's bloody clothes to put into evidence.

"Did you look for a knife?" Housh asked him.

"No," replied Cowen.

Did the Batavia Police Department look in the immediate area of the crime scene (for the knife)?"

"Yes," said the officer.

Cowen said he was not the evidence officer; he wrote the incident report and the narrative contained in it.

The jury was asked to leave again and Housh held forth on an "extremely improper" move by the district attorney -- something about his request for the marking of a document, hearsay, and the admissibility of a document as evidence. He went so far as to say the DA's goal in this legal manuever was to embarrass him.

Zambito allowed the document to be marked as part of the court record.

The last question for the police officer, "Did you find blood on the driveway?"

"Yes."

"Did you test it for Odom or Leach?"

"No."

Court resumes at 9:30 a.m. today (Oct. 2) with Leach's physician's testimony.

Also taking the stand will be Odom, who wore a charcoal suit, gray shirt, dark vest, bow tie, dressy black fringe-top loafers, shiny studs in both ears, and a de rigueur hairstyle with small dreadlocks on top and partially shorn sides.

Jury selected, trial set to begin Tuesday in Antwan Odom case

By Howard B. Owens

A jury has been selected in the trial of Antwan Odom, charged with first-degree assault, a Class B violent felony, following an altercation with Ray Leach on Aug. 4, 2018, and attorneys will present their opening arguments to the jury late tomorrow morning (Tuesday).

Frank Housh, representing Odom, indicated during a brief conversation this afternoon, that he intends to make at least some of his defense of Odom about the character of Leach.

Odom and Leach were teammates at Batavia High School in football and basketball, and the alleged assault took place just before football practices were set to begin for the 2018 season. That was Leach's senior season in which he set state records as a running back and helped lead the Blue Devils to a state championship game.

In May, Housh first indicated he intended to try and impune Leach's character, telling reporters outside of court that Leach was the aggressor and had a reputation, known to his client, for being an aggressive person.

At a hearing that day, Housh had said he intended to file a motion to bring up evidence that questioned Leach's character. Throughout pretrial motions, he held open the possibility of filing such a motion. He never filed the motion. Today he said he didn't file the motion because it isn't necessary. He can raise that defense, he said, without a specific motion and ruling from Judge Charles Zambito.

"It goes to the reasonableness of my client's defense," Housh said.

The justification defense was apparently on District Attorney Lawrence Friedman's mind during jury selection today.

During one panel interview, he asked prospective jurors if they could set aside any personal beliefs about what might constitute justification and follow the legal explanation as proscribed by New York law that Zambito will provide them during jury instructions. All of the potential jurors on that panel said they could follow the law.

Race was on the minds of both attorneys, as well. Both Friedman and Housh asked jurors if they could come to an impartial decision involving a case where the defendant is black. When Friedman asked the question one woman said she was raised in a racist household and she didn't believe she could be impartial.  

Housh emphasized the point again and told the jurors that the women did the right thing, and showed courage by speaking up.

"It's OK to say if you feel that way," Housh said. "I need to know so my client gets a fair trial."

At that point, an older man in the back row raised his hand and said he had also been raised in a racist household and perhaps that would influence his thinking.

None of the potential jurors at that point were black.

Housh also wanted to know if any potential jurors had any strong feelings about marijuana use and none did.

Court documents that became public in August 2018 indicate that Odom accused Leach of stealing marijuana.

That apparently led to an argument. Leach allegedly received at least 10 cuts from a small knife, some of which required surgery. He missed some practice time but was ready to play by the season opener.

The trial is expected to begin tomorrow sometime between 10:30 and 11 a.m.

Genesee County Chamber of Commerce earns two Tourism Excellence awards

By Billie Owens

Pictured: Kelly Rapone, GC Chamber of Commerce Tourism Marketing director and Lauren Humphrey, Tourism Program liaison.

Submitted photos and press release:

AUBURN -- The Genesee County Chamber of Commerce is pleased to announce that their tourism staff and programs have earned Tourism Excellence awards at this year’s New York State Travel Industry Association (NYSTIA), annual Tourism Excellence Awards held in Auburn Sept. 26-27th

The New York State Tourism Industry Association recognizes leaders in New York State's tourism industry who have achieved a high level of excellence and accomplishment with the Tourism Excellence Awards.

Individuals and organizations are selected from nominees that have demonstrated commitment, leadership, and accomplishment in the travel and tourism sector from Jan. 1, 2018 to May 31, 2019.

Kelly Rapone, Tourism Marketing director, was selected to be the inaugural recipient of the NYSTA Leadership Award, which is intended to recognize a NYSTIA member whose achievements as a tourism professional are matched by both their personal stewardship and leadership on behalf of both New York State Tourism in general and the membership of NYSTIA in particular. 

“Kelly’s tourism marketing efforts have earned numerous awards, and she is quick to think outside the box to develop initiatives like the Haunted History Trail that engage and benefit many other New York State destinations," said Christine Hoffer, NYSTIA’s chief operating officer.

"At the same time, she dedicates countless hours of her personal time and motivates others to follow her example through her leadership of the NYSTIA’s DONY scholarship auction committee, involving dozens of members and contributors.

"In addition, during 2018 and 2019, Kelly’s personal commitment was vital to the successful documentation and report preparation for NYSTIA’s Market NY grants, which benefited the over 30 NYSTIA members who participated in the BrandUSA campaign."

The Chamber also received a Niche Marketing Excellence Award for their popular golf packaging program.

Developed in 2006 to bridge the “booking gap” for consumers, the Chamber partnered with several courses and hotels to build packages which were then promoted primarily in Southern Ontario. In 2017 the tourism office launched a social media ad campaign to increase their reach.

By May 2018 the program had already booked more than double it had done in the 12-year program history and increased their new customer bookings by 60 percent.

“This year’s Tourism Excellence Award winners have and will continue to take New York State’s tourism industry to new levels of success, driving economic growth across the state," Bob Provost, NYSTIA president and CEO. "These awards recognize tourism professionals not only for their creative marketing programs, but also for their passion and commitment to their communities."

Law and Order: Batavia man accused of menacing police officer with a knife

By Billie Owens

Morgan L. Cox, 27, of Batavia (no address provided) (inset photo, left), is charged with: obstruction of governmental administration; menacing a police officer (with a knife), criminal possession of a weapon, unlawful possession of marijuana. At 12:49 a.m. on Sept. 28, Cox was arrested on Central Avenue in Batavia by Batavia Police Officer Peter Post and Officer Arick Perkins. No other details provided. He was arraigned in Batavia City Court and jailed in lieu of $15,000 cash or $30,000 bond. He is due in city court this afternoon (Sept. 30).

Falan Janee Young, 27, of Ackerman Street, Rochester, is charged with: criminal possession of narcotic with intent to sell; criminal possession of a narcotic drug; unlawful possession of marijuana; aggravated unlicensed operation of a motor vehicle; and having side wings/windows not transparent on her vehicle. She was arrested at 12:37 p.m. on Sept. 26 on Clinton Street Road in Stafford. She was the driver and sole occupant of a vehicle stopped on Route 33 in the Town of Stafford. During the traffic stop, it is alleged that Young was found to be driving while her privilege to do so was suspended. She was later allegedly found in possession of crack cocaine and marijuana. She was arraigned in Stafford Town Court and jailed in lieu of $10,000 cash bail or $20,000 bond. Young is due back in Stafford Town Court on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Investigator Ronald Welker.

Shuvon Joanne Williams, 43, of Leopard Street, Rochester, is charged with second-degree harassment. Williams was arrested on Sept. 26 and arraigned at 10:30 a.m. in Batavia City Court following the investigation into a bomb threat made at 3:40 p.m. on April 23 at a medical offices on Bank Street in Batavia. The charge was worked out as part of a plea arrangement. The case was handled by Batavia Police Det. Eric Hill.

Ronald J. Murray, 25, of Wood St., Batavia, is charged with second-degree burglary and petit larceny. He was arrested Sept. 29 on a Batavia City Court warrant stemming from an incident on Aug. 7 on East Main Street Road in Batavia. Murray is accused of entering the dwelling of another person and stealing property. He was arraigned in Batavia City Court and jailed in lieu of $15,000 cash or $30,000 bond and is due in court again at a later date. The case was handled by Bataiva Police Officer Stephen Quider, assisted by Officer Sean Wilson.

Derrick Roy Kio, 28, of Broadway Road, Darien, is charged with second-degree criminal contempt. Kio was arrested on Sept. 22 after an investigation into an alleged violation of an order of protection at a location of Bank Street in the City of Batavia. He was issued an appearance ticket to be in Batavia City Court on Oct. 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Quider.

Rae C. Cook, 30, of Jackson Street, Batavia, is charged with second-degree harassment. Cook was arrested at 11:40 a.m. on Sept. 24 on East Main Street in Batavia, arraigned in Batavia City Court and released on her own recognizance. She is due back in city court on Oct. 10. The case was a handled by Batavia Police Officer Adam Tucker, assisted by Officer Jordan McGinnis.

Kenneth R. Torrico, 31, of Westchester Boulevard, Tonawanda, is charged with: two counts of falsely reporting an incident; petit larceny; and fourth-degree criminal mischief. He was located and arrested on warrants out of Batavia City Court for allegedly falsely reporting two incidents at two addresses on State Street, Batavia. The first was at 1:55 a.m. on June 10; the second was at 3:22 a.m. on June 11. In addition, he had a warrant for petit larceny and fourth-degree criminal mischief. The latter two charges stem from an unspecified incident at 6:38 p.m. on June 7 on Ellicott Street in Batavia. Torrico was arraigned in city court Sept. 26 and is due back there Oct. 3. The cases were handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Mitchell Cowen.

Dylan L. Bates, 25, of Townline Road, Byron, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; leaving the scene of a property damage accident; and moving from lane unsafely. He was arrested at 12:23 a.m. on Sept. 29 after the investigation of a single-car accident in  the Town of Byron. He was released on appearance tickets and is due in Byron Town Court on Oct. 21. The case was handled by Genesee Coumty Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy James Stack.

Brian E. Mack, 35, of Sumner Road, Darien, is accused of: driving while intoxicated with a BAC of .08 percent or more; DWI; operating a mobile phone while operating a motor vehicle; and moving from lane unsafely. At 2:15 a.m. on Sept. 29, Genesee County Sheriff's deputies responded to a report of a vehicle in a ditch at 10537 Alleghany Road, Darien. They arrived on location to find an SUV in a ditch near the Darien Fire Department. They spoke with Mack and after an investigation, he was arrested on the charges, processed at the jail and released on appearance tickets. He is due in Darien Town Court on Oct. 8. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Sgt. Ron Meides.

Walter H. Bennett, 29, of Van Aucker Street, Rochester, is charged with: aggravated unlicensed operation in the second degree; unlicensed operation; and unlawful possession of marijuana. Bennett was arrested at 6:50 p.m. on Sept. 27 on Oak Street in Batavia following a traffic stop. He was allegedly found to be driving with a suspended driver's license and in possession of marijuana. He was arrested and arraigned in Batavia City Court and jailed in lieu of $2,500 cash bail or bond. He is due back in court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Camp.

Jason A. Zajaczkowski, 23, of Royalton Center, Road, Middleport, is charged with criminal possession of marijuana in the fourth degree and criminal possession of a controlled substance in the seventh degree. He was arrested after a traffic stop investigation into a motor-vehicle accident that occurred at 6:16 p.m. on Sept. 21 on North Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Oct. 1. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Peter Post.

Robert N. Tatarka, 71, of Union Street, Batavia, is charged with driving while ability impaired by alcohol. He was arrested after an investigation into a traffic offense complaint where he allegedly drove his vehicle while impaired by alcohol at 7:41 p.m. on Sept. 25 on Union Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Sean Wilson.

Jon N. Roblee, 44, of Summit Street, Batavia, is charged with obstructing governmental administration in the second degree. Roblee was arrested and arraigned Sept. 29 in Batavia City Court following a complaint about a disturbance at 9:15 p.m. Sept. 29 on Summit Street. He is due back in city court today, Sept. 30. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.

Ronald J. Murray, 25, of Wood Street, Batavia, is charged with criminally possessing a hypodermic instrument. Murray was arrested today (Sept. 30) on Jackson Street after an arrest warrant was issued by Batavia City Court. During the arrest on the warrant, the current charge was added. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Christopher Lindsay.

Daniel S. Kuczka, 75, of Walden Creek Drive, Batavia, is charged with trespassing. He was arrested on a warrant at 11:10 a.m. on Sept. 26 for a trespassing charged filed in Batavia City Court on Sept. 24 and for which he allegedly failed to appear to answer. He is due back in city court Oct. 3. The case was a handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Davis.

Christopher P. Thomas, 35, of State Street, Batavia, is charged with owning/harboring an unlicensed dog. He was arrested at 5:45 p.m. on Sept. 28 on State Street in Batavia. He was issued an appearance ticket to be in Batavia City Court on Oct. 8. The case was handled by Batavia Police Officer Joshua Girvin.

Sponsored Post: Pudgie's Lawn & Garden announces fall events

By Lisa Ace


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Gray cat missing in Kibbe Park area of Batavia

By Howard B. Owens

Stone isn't at home where he belongs and his owner, Kathleen, is worried about his whereabouts.

Stone's home is on Elmwood Avenue, by Kibbe Park. He's been missing since Sunday afternoon.

The feline is all gray, with green eyes, very friendly, and he loves to hide and play. He's 4 years old but is not an outdoor cat.

If anyone has seen him or has any information about him, please contact Kathleen at (585) 409-8099.

Sponsored Post: Dolce Panepinto: Frequently asked workers' compensation questions

By Lisa Ace


Commonly Asked Workers’ Compensation Questions:
Q. What is a Workers’ Compensation claim?
A. A Workers’ Compensation claim is a legal action that occurs when you get hurt during the course of your employment. In New York State you cannot sue your employer. When you get hurt at work, the Workers’ Compensation system provides for lost time financial payments and medical treatment required as a result of your work-related injury.

Q. How do I know if I have a Workers’ Compensation claim?
A. If you sustain an injury during the course of your employment, you should contact our office for a free case evaluation as soon as possible. We can help you determine if you have a Workers’ Compensation claim and assist you in filing the proper paperwork.

Q. How long do I have to file a Workers’ Compensation claim?
A. You are required to report your injury to your employer within 30 days. There is also a two-year time limit to file a claim with the Workers’ Compensation Board. Failure to adhere to these time limits can result in a denial of your claim.

Q. Is a Workers’ Compensation claim my only recourse if I am hurt at work?
A. In New York State, you cannot sue your employer. In some circumstances, a personal injury lawsuit can be filed in addition to a Workers’ Compensation claim. This includes, but is not limited to, injuries sustained in a work-related motor vehicle accident, constructions injuries, or injuries sustained at a location not owned by your employer. Our team of attorneys at Dolce Panepinto will assess your claim to ensure that every legal avenue available to you is pursued.

Q. How much does a Workers’ Compensation Attorney cost? 
A. Workers’ Compensation fees are generated on a contingent basis. This means that we only receive payment if we generate money in connection with your Workers’ Compensation claim. More information on contingent fees can be found here. Additionally, our attorneys can explain our attorney fees in greater detail.

Q. Do I need an attorney?
A. While an attorney is not required, it is strongly recommended that you retain an attorney. The Workers’ Compensation Law is complex, confusing, and often difficult to navigate. The insurance carrier will have an attorney fighting on their behalf, we recommend that you have an attorney fighting on your behalf. Having an attorney means ensuring your rights are protected, maximizing your benefits, and making sure your questions and concerns are addressed.

Dolce Panepinto works tirelessly to protect the rights of injured workers by making sure that those responsible are held accountable. If you or a family member are injured at work, or in your private life, contact us today for a free case evaluation at 585-815-9003. For further questions regarding Worker's Compensation Law or to contact Dolce Panepinto: click here.

David Bellavia launches his new nonprofit for soldiers with Niagara Falls fundraiser

By Billie Owens

Press release:

The public is invited to "Duty 1st with David Bellavia: Serving Country and Community," a talk by the Medal of Honor recipient at 3 p.m. Saturday, Oct. 12. The event will kick off with a ceremony as Staff Sgt. Bellavia is honored by the Niagara Falls community with a key to the city.

Following the talk, he will sign copies of his book "House to House: A Soldier's Memoir," which will be for sale onsite during this event at The Rapids Theatre, 1711 Main St., Niagara Falls.

The will serve as a fundraiser for a new nonprofit organization created by Bellavia, called Deuce Deuce Relief Fund Inc. The fund benefits soldiers from Bellavia's prior Task Force in Iraq (Task Force 2-2), supporting soldiers and their families who are experiencing hardship or require other assistance.

"Duty 1st with David Bellavia” is Deuce Deuce's inaugural fundraiser and is generously hosted by The Rapids Theatre. General admission tickets are $22 (Deuce-Deuce). Doors will open at 2:30 p.m. Tickets are available online through EventBrite, with a link at DavidBellavia.com.

Highly in demand, Bellavia has been speaking around the country throughout the summer, and now his community has an opportunity to hear him speak at the Oct. 12 event.

About David Bellavia

David Bellavia is the only living Iraq veteran to receive the Medal of Honor, which is our country’s highest military honor.

For the June 25 Medal of Honor ceremony at the White House, the Western New York community supported Bellavia’s dream of being surrounded by every living member of his Task Force when he received the honor.

More than 750 of his neighbors donated funds to make that dream a reality. Bellavia has said, “The Medal of Honor is for all who served with me in Iraq.”

He served three military campaigns: Kosovo 2003; and Operation Iraqi Freedom I; and Operation Iraqi Freedom II.

Bellavia is a graduate of Lyndonville High School in Orleans County and the University of Buffalo. He resides with his family in Western New York.

Mark Your Calendar: Notre Dame Athletic Hall of Fame to honor 10 people Nov. 9

By Billie Owens

Press release:

Notre Dame High School is proud to announce that its 2019 Athletic Hall of Fame Induction will be held on Saturday, Nov. 9, at Notre Dame High School.

This fall’s program will begin with a social hour at 5:30 p.m. followed by a dinner at 6:30. The alumni student-athlete, contributor, service awards and 1967-1969 Varsity Wrestling program recognition portion of the program to follow at 7 p.m.

Tickets for this annual event will be $45/person and a table for 10/$400.

Tickets will be available through the Notre Dame Advancement Office [585] 343-2783, ext. 106, or visit the Community Tab on the Notre Dame website.

Notre Dame High School is located at 73 Union St. in the City of Batavia.

Inductees to be honored will include:

  • Richard O’Connor -- Class of ‘64
  • Robert Beyer -- Class of ‘80 
  • Amy Dwyer -- Class of ‘83
  • Maureen Del Plato Braunscheidel -- Class of ‘97
  • Christopher Sabato -- Class of ‘98
  • Jennifer Sutherland Forsyth -- Class of ‘00

Members of the 1967, 1968 and 1969 ND Varsity Wrestling Teams

  • Edward Dwyer – Contributor Category
  • Dan Coughlin and Kris Coughlin and Patty Panepento Daansen – Service Recognition

Photos: New musical garden at GO ART! nearly ready for its debut

By Howard B. Owens

Jill Pettigrew puts the finishing touches on a sidewalk mural she painted on the walkway leading into the new musical garden in the side yard between the Seymore Place (GO ART!) and the YMCA on East Main Street.

Installation of the musical instruments in the grant-funded musical garden is nearly complete. No word yet on when it will be open to the public.

Photos: Scarecrows going up Downtown as part of BID contest

By Howard B. Owens

This afternoon, Sarah and Casey Stockwell install a display for the Genesee County Chamber of Commerce on East Main Street, Downtown Batavia, as part of the Business Improvement District's annual scarecrow contest.

Sarah is in accounting and HR at the Chamber. Steve Falitico, the chamber's membership development director, helped design the display.

GCC names cast for 'Rocky Horror' as sets are being built, costumes 'being bloodied'

By Billie Owens

Press release:

The sets are being built, the costumes are being bloodied and now the talent has been cast for next month's production of "The Rocky Horror Picture Show" at Genesee Community College!

Brodie McPherson, director of the show and also GCC's instructor of Theater Technology, released the cast list today (Sept. 27) for what promises to be the college's biggest theater production of the season!

GCC's Forum Players Theatre Company will perform Richard O'Brien's “The Rocky Picture Horror Show,” Thursday, Friday and Saturday, Oct. 17, 18, and 19 at 7:30 p.m. and again Sunday, Oct. 20 at 2 p.m. in the College's Stuart Steiner Theatre.

"The Rocky Horror Picture Show" will feature GCC students representing many majors and four different countries, as well as a GCC alumnus. Audiences will enjoy the talent, style and a little craziness from the following:

  • Tiago Marques, of São Paulo, Brazil, as Frank-N-Furter
  • Runo Suzuki, of Hokkaido, Japan, as Janet Weiss
  • Samuel G. Rigerman, of Batavia, as Brad Majors
  • Benjamin Reiner, of Pembroke, as Riff Raff
  • Lacey Sloat, of Bergen, as Magenta
  • Fu Kikuchi, of Fukuoka, Japan, as Columbia
  • Chris Barbis, of Pavilion, as Rocky Horror
  • Jack Diskin, of Le Roy, as Eddie and a Phantom
  • Grant Calcote, of Le Roy, as Dr. Everett V. Scott and a Phantom
  • Josh Pacino, (GCC classes of 2008 and 2009), of Batavia, as The Narrator
  • Marissa Carbonell, of Batavia, as Trixie The Usherette and a Phantom

And playing Phantoms throughout the productions will be:

  • Marissa Carbonell, of Batavia
  • Sam Ciesla, of Hamburg
  • Haylea-Ann Nicole Self, of Brockton
  • Brittany Mayes, of Medina
  • Jessie Pierce, of Batavia
  • Tiffany Smith, of Arkport
  • Brandon Ribbeck, of Warsaw
  • Ai Jitozono, of Nagasaki, Japan
  • Ayaka Nakamura, of Osaka, Japan
  • Francesca Pieter, of Willemstad, Curaçao
  • Alyssa Young, of Brockport
  • Andrew DeMeo, of Staten Island

This show will take full advantage of all the high-tech sound and lighting equipment at the College's state-of-the-art theater. The full scene and costume shops provide dynamic sets, clothing and special effects to take this production over the top. In addition, special "Goodie Bags" to be sold for $5 are in development as is some pre-show, intermission and post-show opportunities for the audience to interact with the cast.

"This show promises to be among the most memorable experiences not only for GCC's Forum Players, but also for our audience and supporters. It really is not to be missed," McPherson said. "Everyone should enjoy the perfect prelude to the Halloween season with a performance that is 'out of this world!' "

Tickets for "The Rocky Horror Picture Show," performed by GCC's Forum Players Theatre Company, are: $8 for adults; and $5 for seniors (55+) and students (16+) and GCC faculty/ staff. GCC students with ID are $3, and GCC alumni with ID will receive a $2 discount on an adult ticket.

To reserve seats, contact the GCC box office today at boxoffice@genesee.edu or (585) 345-6814. Seating is limited and advance reservations are strongly advised. The show is designed for mature audiences only.

Photos: Today at the sand wash

By Howard B. Owens

Photographer Ray Williams shared these photos with us that he took today at the sand wash at DeWitt Recreation Area in Batavia.

Speaker at All Babies Cherished dinner shares pro-life message

By Howard B. Owens

Autumn Miles, a survivor of domestic abuse and an advocate for adoption, was the guest speaker Thursday night at the annual All Babies Cherished banquet at Quality Inn & Suites.

She is the founder of Autumn Miles Ministries, an organization based in Dallas devoted to spiritually challenging the way women think.

Miles covered a range of topics, including her Biblically based pro-life message, saying at one point, "God is pro-life."

All Babies Cherished is a pregnancy center on Ellicott Street in Batavia.

Car vs. bicycle accident in front of Holland Land Office Museum

By Billie Owens

A car vs. bicyclist accident is reported in front of the Holland Land Office Museum, 131 W. Main St. in the city. City fire, Mercy medics and police are responding.

UPDATE 12:32 p.m.: The bicyclist was evaluated at the scene. No injuries; he was not transported for medical care. A first responder said it appears the bicyclist was at fault and he was given a warning but not cited.

Renowned Pennsylvania quilter will teach and lecture in Batavia next month

By Billie Owens

Press release:

The members of the Museum Quilt Guild of Batavia will soon be enjoying the talents of renowned quilter and instructor, Linda M. Poole, of Milford, Pa., when she visits the guild for three days next month. The public is also invited.

Author of "Painted Appliqué: A New Approach," Poole stays busy as a quilt instructor, lecturer, and fabric designer, and her life revolves around photography, writing, painting and sewing.

To see her work, visit her website.

She has a passion for travel, teaching and sharing her experiences with people around the world. She has taught throughout the United States, the United Kingdom, Germany, Turkey and Italy.

The guild is very lucky to be able to invite instructors of this caliber to the area every other year, opposite their biennial quilt show. In the past, such names as Wendy Butler Berns and Paula Nadelstern have visited.

Most of the members would never get an opportunity to learn from these well-known instructors without traveling to larger venues.

Poole will be teaching classes using her “painted appliqué” technique.

On Thursday, Oct. 17, the class is titled “Acorn Wreath." On Friday, Oct. 18, the class is “Monarch Butterfly.” Classes will be held from 9 a.m. - 3:30 p.m. at the Batavia First United Methodist Church, 8221 Lewiston Road, Batavia.

There are still openings in the classes, and you don’t have to be a guild member to attend. Fee for each class is $60, plus a $35 fee for a kit containing almost everything needed for the class.

Poole will be presenting a lecture titled “A Quilted Journey Around the World” at the guild’s regular meeting at 9:30 a.m. on Saturday, Oct. 19, at the VA Medical Center (Building 4, west end, second floor), 222 Richmond Ave., Batavia. The public is welcome to attend. Admission fee is $5.

For more information on the classes or the guild, contact Martha Lorshbaugh: 585-993-0357 or lorshbaughm@gmail.com, or visit the guild website.

Photos of examples of Poole's quilts from her website.

City fire and Domino's Pizza team up to promote fire safety

By Billie Owens

Press release:

Batavia Domino’s, located at 563 E. Main St., and the National Fire Protection Association (NFPA) are teaming up with the City of Batavia Fire Department to promote fire safety during Fire Prevention Week (Oct. 6-12).

On Oct. 9 and 10 from 6-8 p.m., anyone who orders a Domino’s pizza may be randomly selected and surprised at the door when their pizza arrives aboard a fire engine. If the smoke alarms in the home are working, the pizza is free. If the smoke alarms are not working, the firefighters will install a fully-functioning alarm or replace the batteries.

“Fire safety is extremely important,” said Allan Erwin, Batavia Domino’s franchise owner. “We’re excited to partner with the NFPA and the City of Batavia Fire Department for a program that not only promotes the safety of our friends and neighbors, but rewards those who make fire safety a priority.”

This year’s Fire Prevention Week campaign theme is “Not Every Hero Wears a Cape. Plan and Practice Your Escape!”

Customers can call Domino’s in Batavia at 585-343-3344 to place their order and be eligible for the fire engine delivery.

About Fire Prevention Week

NFPA has been the official sponsor of Fire Prevention Week since 1922. According to the National Archives and Records Administration's Library Information Center, Fire Prevention Week is the longest running public health and safety observance on record.

The President of the United States has signed a proclamation proclaiming a national observance during that week every year since 1925. Visitwww.firepreventionweek.org for more safety information.

An important safety message from the city's fire chief

“In a typical home fire, you may have as little as one to two minutes to escape safely from the time the smoke alarm sounds,” said Stefano Napolitano, fire chief of the City of Batavia Fire Department. “Escape planning and practice can help you make the most of the time you have, giving everyone enough time to get out.

"These steps can make all of the difference and we hope to raise awareness about them through our partnership with Domino’s."

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