batavia

At 57 years old, it’s time to pay attention to some equipment at Batavia Middle School or risk the site’s future closure, Business Administrator Scott Rozanski says.

He presented the issue Thursday along with a recommendation to spend more than $57,500 for the repair of three pumps for the boiler at the Ross Street school. 

“When the boiler is working, condensation is working, and it captures that and reuses it throughout the system. It was installed in 1964 and started to show its age. The tank itself is leaking, along with return pumps,” Rozanski said during the board’s public hearing at the Batavia High School library. “If the tank and pumps were to fail, we wouldn’t be able to have school, and would have to shut down.”

Rozanski was asking for authorization to make the necessary repairs at a total cost of $57,583.52.

No one from the public showed up to the hearing. Rozanski explained that the price tag is part of a “piggyback bid” with the town of Greece. The pump problems were identified in a 2020 building conditions survey that’s to be performed every five years to assess facility needs and status. 

If the repairs are not made now, the issue could be a recurring expense, he said. A total of nearly $200,000 is currently in the Repair Reserve Fund, and this transfer of funds would leave $141,619.51, he said. 

“If there are funds at the end of the year, we will replenish the Repair Reserve for funds used,” he said. 

There was no discussion before a unanimous vote by Board President Alice Benedict and members Barbara Bowman, John Marucci, Jennifer Lendvay, and Chezeray Rolle to approve the use of funds. 

The board also voted to approve contracts or memorandums of agreement with:

— Firland Management/Batavia Ice Arena for use by Batavia Notre Dame United Hockey Team for practices and games.
— Notre Dame Board of Directors for interscholastic boys and girls swimming.
— Shared resources with the school districts of Pembroke and Byron-Bergen for Winterguard. 
— Attica Central School District for interscholastic wrestling. 
— Kimberly Gingrich for bilingual psycho-educational evaluations.
 

Updated 11/19/21: The Batavian reached out to Business Administrator Scott Rozanski for further clarification of the "piggyback bid" with Greece. The town of Greece had conducted a statewide bid for various New York State municipalities and schools. Bids were awarded by region to prime contractors for heating/ventilation/air conditioning, general contractor, electrical and plumbing work, Rozanski said.

“We were able to use this bid to secure a contractor instead of processing our own bid,” he said. “We did receive a quote initially to help assist with the initial planning of this project, which was approximately $18,000 higher.”

Photo above: Newly hired Superintendent Jason Smith reviews a board packet with District Clerk Brittany Witkop Thursday before the Batavia City Schools board meeting. Photo by Howard Owens.

Press release:

Northgate Church invites the community to its annual Vintage Christmas event on Friday, December 3, and Friday, December 10, 2021.  This family-friendly event will be “come and go as you please,” from 6:00-8:00 p.m. each Friday evening.  Enjoy a guided tour of a live nativity through the community prayer walk, complete with carols, tractor rides and hot chocolate.  Come celebrate the season, enjoy a few classic Christmas movies on our outdoor movie screen, all while staying cozy around a campfire.  There will be a small devotional, presented at 7:00 p.m., to ready our hearts and minds for the Christmas season, accompanied by a magnificent tree lighting.  This is a free event, open to all ages.  Northgate Free Methodist Church is located at 8160 Bank Street Road, Batavia, New York. For more information, contact the Northgate office at 585-343-4011 or visit northgatefmc.com

Press release:

St. Paul Lutheran School is proud to announce the Honor Roll and High Honor Roll for the 1st Marking Period of the 2021-2022 School Year.  The following students have earned the Honor Roll:

Isabella Battaglia, Benjamin Forsyth, Syvonne Holliday, Caleb, Janis, Tomas Schrader, Korina Hodges, Eli Janis, Helen Schofield, Lucy Warren, Lillian McClellan, and Lilah Guarino.

The following students have earned the High Honor Roll:

Emma Clark, Abigail Varland, Mathew Mosher, and Cooper Parker.

Press release: 

Kiwanis Club of Batavia is hosting its annual Thanksgiving Day Skate on Thursday, November 25th, 2021 from 9 am to 11 am at Falleti Ice Arena, 22 Evans Street, Batavia.  The event includes FREE admission, skate rentals, and hot chocolate (while supplies last).

Photo: File photo from 2014

Two men from Rochester are being accused of running a check-cashing scam against a Batavia resident and one of them is facing a felony charge as a result.

Brian N. Miles, 25, is charged with attempted forgery 2nd, criminal possession of stolen property 5th, and criminal possession of a controlled substance 7th.

Marcus D. Snow, 23, is charged with conspiracy 5th.

On Monday, the Sheriff's Office received a report of somebody outside the ESL Federal Credit Union trying to solicit people to cash a check for them.  

The scheme worked like this, according to the Sheriff's Office: The suspect asks a citizen to cash a check for them at a local bank under the pretense they do not have identification on them or that they are not a member.  If the citizen agrees to cash the check, the citizen withdraws the deposited funds and the cash is turned over to the scammer. The suspect provides the mark with a small monetary sum for assisting them.  The checks are either fraudulent or stolen and not backed by real U.S. currency.  The citizen loses the money associated with the deposited check once the check bounces.

At the time of his arrest for allegedly executing such a scheme against a Batavia resident, Miles reportedly possessed crack cocaine.

Both suspects were released on appearance tickets since, under current NY law, their offenses do not qualify for a cash bail requirement.

With a mother as a reading instructor and a father who taught art, Dan Crofts’ life path may have seemed a creative given. 

And his growing list of written works, including the most recent piece of fiction, is a testament to that prediction. “A Short History of the R-Word” is the Batavia native’s latest published book.

“The general lesson is relating to people on a level of our common reality,” Crofts said during an interview with The Batavian. “The way we treat each other has ripple effects. I’m interested in the debate around the R-word … and interested in language and the history surrounding it.”

The book begins with a tease of whether it’s based on a true story or not. Names and details “may have been altered,” Crofts says, but it goes no further to nail down the question. 

He does admit that it’s a work of fiction, pulling a familiar character from Susan Conklin’s “Supernatural Genesee” and carrying him — Frank the Dwarf — onward to examine the past history of the word retard.

Crofts’ research led him to Latin and Eastern European roots. Never having been in those regions, Crofts struggled with how to genuinely write about them. He crafted a medium by which he could narrate the action. He chose magic binoculars as a way “to symbolize my distance to the location,” he said.

Yet local readers will find much familiarity with various aspects of the book, such as Ellicott Avenue, Lambert Park, and Robert Morris Elementary School. The story begins with Paul Schlepp and his three best friends messing about on the swing set at Robert Morris.

“Outwardly they prided themselves on being two years the seniors of those who had just graduated from this their alma mater; but an unspoken part of each of them missed the “kiddo” days, Crofts writes. “Amidst his reminiscing of childhood, Paul breaks the romance of nostalgia by noticing John.”

“Yo, is that that retard from the store?” 

And a hurried flow of thinly veiled insults follow as the boys ask aloud, "does he talk?" "How could he be working in a store if he didn’t talk?"  "Does he still live with his mom?" "He’s likely someone who touches little kids."

“It should be noted that the word used by Brandon and Paul — the notorious ‘r-word — was one all the boys were used to, and not least of all from the custom of using it on each other,” Crofts writes. “Any time one of them said or did anything really or apparently unintelligent, the word was as readily applied to him as to any disabled person, and with much less reticence about saying  it to his face.” 

Frank the Dwarf eventually makes his entrance and introduces Paul to the magic binoculars that can see the past. Paul experiences instances of when retard had an accent on the second syllable, originated in a different language, and meant “to slow down,” and not about a person’s character. 

Frank the Dwarf talks to Paul about how the “speaking races” have the power to abuse each other as much as to lift one another up. Words are a part of us, Frank says. 

“We have to take care of them,” he says. 

The book evolved from a chapter Crofts, who has a bachelor's in English, began to write for a larger project of “journalistic, reflective and academic” contributions. After that project fell through, he kept expanding the chapter until it became a total work of its own, he said.

The topic is no stranger to the 36-year-old who works as a direct support professional at Arc Glow in Batavia and has written for an Autism Spectrum publication.

Henry J. Stratton II, who has shown his own pieces at Genesee Community College, illustrated the cover, and it was published by Batavia-based Applied Business Systems. 

Copies of his book are $5 and will be available for purchase at Arc’s annual Chili and Chowder Fest. It runs from 4 to 6:30 p.m. Friday and 10 a.m. to 1:30 p.m. Saturday at the Community Center, 38 Woodrow Rd., Batavia. All proceeds will go toward Arc programs. 

For more information, email Crofts at danielcrofts31@yahoo.com.

Kelly March is a mother of three teenagers, a local business owner, and someone who believes in following state mandates. 

The Batavia resident is also a patient advocate and cannabis ambassador who encouraged Batavia Town Council members Wednesday to opt into allowing cannabis retail dispensaries.

"When you opt out, you’re not making it safer; you’re giving the legacy market license to flourish,” March said during a public hearing about proposed cannabis legislation that would allow dispensaries and on-site consumption of the product. 

March was one of two speakers and about a half dozen quiet supporters at Batavia Town Hall. She supports the reformed marijuana laws that would ensure safe, high quality cannabis in this area, she said. 

Otherwise, by opting out of the move, Town Council members are side-stepping legal ways to provide and sell marijuana, she said, and opening up opportunities for those that sell on the “legacy market.” Legacy is the more acceptable term nowadays for the previously used phrase “black” market, she said. 

“By banning the legalized market, it will increase use by the youth,” she said. “Batavia is a community rooted in farming. We have cannabis now … We want the right to be able to pursue our own business, just like distilleries in the area.”

March foresees craft cannabis products available, just as craft beer, wine and liquors have become popular. Aside from the business end of the issue, she also spoke of the Compassionate Care Act, which has gradually been adopting less restrictive policies so that patients have an easier way to access medical marijuana. Right now patients have had to deal with “a plethora of issues,” she said, including affordability and access due to dispensaries being at greater distances.

A medical card-carrying patient herself, March knows only too well the hassle of driving two hours to obtain relief through cannabis treatment, she said. Having to figure out what to do with one’s children while visiting a dispensary only compounds the problem, she said. 

March founded her business, Genesee Cannabis Club, in 2018. It provides educational programs for women to empower them as part of the work force, she said. There is no down side to allowing for dispensaries locally, she said. 

“I urge you to please think about it,” she said. 

Although Penelope Hamilton Crescibene is not a recreational cannabis user and was once “petrified” of all the pitfalls she heard about marijuana, she has become a vocal advocate of its use. Batavia was her sixth board visit to address issues of opting out of cannabis dispensaries, she said. 

“People are afraid of this change. The old fear-mongering is alive and well,” she said to The Batavian. “I get calls all day long from people needing help." 

Crescibene was diagnosed years ago with rheumatoid arthritis and the auto-immune disease of Sjögren’s syndrome. Once on heavy loads of prescription opioids to lessen the pain, she eventually turned to cannabis. Within 30 days she was off all opioid drugs, she said. 

“I learned all about the science. I learned about this plant,” she said during the hearing. 

The East Pembroke resident is director of community engagement for The Cannabis Community, which shares information through “education, awareness and access.” She is also a medical adviser for Empire State’s chapter of the National Organization for the Reform of Marijuana Laws, known as NORML, and wants to help inform individuals and groups about this topic.

There have already been cannabis sales locally, she said, and people are driving on the roads.

“We already know people are using this,” she said. “If it was legal, we would be able to grow it like apples. If you give the option of opting out, you are saying ‘you’re welcome to stay and continue your illicit sales.’  You’re also opting out of taxes.”

She urged the board to help address the stigma associated with who uses marijuana: the majority of people are patients medicating their health conditions, she said, versus the stereotypical notion that minorities are using it more heavily than other populations. 

“Let’s start working together and start educating,” she said.

During a previous meeting, Batavia Town Board voted to have the public hearing to obtain community member feedback on the resolution. One option is to enable the municipality to opt out of allowing cannabis retail dispensaries and on-site consumption sites through New York’s Marijuana Regulation & Taxation Act.

Supervisor Gregory Post had said he didn’t think the town had enough information from New York State to “enter into something that we could never get out of.” He suggested that the town take more time in making an affirmative decision. The board can always opt in at a later time, he said, once more details are available. Post had also expressed concern regarding the vote of five board members, citing that it probably “isn’t a clear and transparent representation of the whole community.”

The board will vote on the resolution at a future meeting. 

Photo above: Penelope Hamilton Crescibene speaks during a Batavia Town Board public hearing to opt in or out of cannabis dispensaries.

Advocates Kelly March of Batavia and Penelope Hamilton Crescibene of East Pembroke advocate for allowing cannabis dispensaries and on-site consumption, per the Marijuana Regulation and Taxation Act in New York. 

Batavia Town Board receives feedback about its future vote on cannabis dispensaries during a public hearing Wednesday evening at Batavia Town Hall. 

Photos by Howard Owens. 

The testimony of Jason Whitehead and Crystal Schultz helped lead to the conviction of Jacob Sponaugle of attempted murder at the end of a three-day trial, said District Attorney Lawrence Friedman, who won a conviction in his final case of a 40-year prosecutorial career.

"I think that we had a very strong case," Friedman said after a jury found Sponaugle guilty on all counts. "I mean, we had, as I argued to the jury, in my summation, we had two witnesses, who had no connection, didn't know each other before, have had no contact, since I've never discussed this case. And they basically told the same version of what happened in great detail." 

Jacob Sponaugle shot Whitehead in a gun deal gone bad outside the Days Inn in Batavia the night of July 22, 2020.

The jury deliberated for 90 minutes, with a break to ask Judge Charles Zambito to read back the jury instructions on the attempted murder charge, and found Sponaugle guilty of all the charges against him:

• Attempted Murder 2nd, a Class B violent felony
• Assault in the first degree, a Class B violent felony;
• Criminal possession of a weapon in the second degree, a Class C violent felony;
• Aggravated criminal possession of a weapon, a Class C violent felony;
• Criminal possession of a weapon in the third degree, a Class D felony;
• Criminal using a firearm in the first degree, a Class B violent felony;
• Criminal using a firearm in the fist degree, a Class B violent felony;

"(It) was a relatively brief deliberation considering the seriousness of the charges and the number of charges, and they (the jury) just basically didn't seem to have any problem with any of the evidence. They believed the witnesses and I think for them, it was straightforward," Friedman said.

Sponaugle faces a possible maximum prison term of 30 years (25 years max on the attempted murder charge with a required five years consecutive on one of the weapons charges). He will be sentenced on Dec. 15.

Whitehead testified that Sponaugle contacted him on July 22 attempting to sell him a gun. They haggled over the price and then Whitehead decided he might be able to sell it to Devon Wright, a Batavia resident.

The three men arranged to meet outside the Days Inn.

Schultz was a passenger in Sponaugle's car.  

Both Whitehead and Schultz gave similar accounts of the shooting, with Sponaugle and Wright arguing and then Sponaugle walking away from Whitehead and Wright before turning and shooting Whitehead.

Whitehead told the jury that Sponaugle said: "it's all your fault" (blaming him for the gun transaction not being completed) before he shot him.

Wright was originally a co-defendant in the trial but yesterday he agreed to a plea deal that satisfied all of the criminal charges against him from several arrests. He faces up to 10-years in prison but was released under supervision, giving him a chance to be present for the birth of his first child.

The case is the final trial for both Friedman and County Court Judge Charles Zambito, who are both retiring.

"Obviously this is a good way to end, with a serious case going well, and I'm certainly pleased with the result," Friedman said. "It's a good note to end on."

In his testimony, Whitehead told the jury that the bullet Sponagule fired into him from a .32 caliber handgun is still lodged in his spine and will be there for the rest of his life. 

He said he was neither happy nor sad to learn of Sponagule's conviction.

"I don't have no hate for him, I guess," Whitehead said. "I mean, I don't like him, but I guess there's no hate. I don't know why he did it or what brought him to do it, but just, I don't know, just neutral. I guess. I got no hate for him."

Even so, Whitehead suggested there is no appropriate sentence for Sponaugle given the fact Whitehead will live with pain for the rest of his life.

"It's hard to say how long he should get. I mean, he tried to take my life so it's, I don't even know, like, I got to deal with it for the rest of my life," Whitehead said. "So I'll always be in pain and he'll be behind bars but he won't know what pain feels like so and no time I guess is enough for that type of crime. I guess he shouldn't be allowed back out. My point of view is he shot somebody. I mean, it wasn't his family. It was. I don't know. It's hard to hard to be the judge, I guess."

Press release:

The City of Batavia Water Department is investigating a water break on Thomas Ave just north of Main Street. The street will be closed to all traffic while the repairs are taking place

Residents on Thomas Ave should expect the possibility of the water being turned off. We will do our best to keep this to a minimum. Work should be completed by 3:00 PM.

There is a possibility of discolored water; laundry should be avoided if possible.

We thank the residents for their patience and understanding.

Press release:

Regarding the vacant position of Sixth Ward representative on City Council, City of Batavia Republican Committee Chairman Richard Richmond invites qualified individuals seeking to serve in this role to submit a letter of interest to him by November 30, 2021. 

Mail Letters of interest to:

City of Batavia Republican Committee
PO Box 260
Batavia, NY 14021

To be qualified for the position, the prospective representative must be a resident of the Sixth Ward and a member of the same political party as the representative who most recently served in the seat—in this case, a Republican.  These are requirements of Section 3-3 of the City Charter. (The recently resigned Council Member Rose Mary Christian was a registered Republican; therefore, her replacement must also be a registered Republican).

The City Republican Committee expects to recommend an individual to the City Council, which has the appointment power to fill the vacancy temporarily.  The Council appointment will run through the calendar year 2022.  At the general election in 2022, there will be a special election to fill the remaining year of the regular four-year term of office for the ward council member position.

Press release:

Come and experience the 20th annual Wonderland of Trees, sponsored in part by Tompkins Bank of Castile and WBTA! The opening gala will occur on Friday, November 19th from 6:00 to 8:30 pm at the Holland Land Office Museum. This year's theme to honor this milestone year is "Through the Years." Visit the museum to see all the wonderfully decorated trees and displays by local businesses and organizations. This year's opening gala will feature many great gift baskets to win and a Grand Basket. The night will also feature holiday music by the Genesee Symphony Orchestra and hors d'oeuvres provided by the D & R Depot. Tickets for this event are on sale at the museum. Tickets are $15 per person/ $10 for museum members and $5 for children under 12. For more details contact the museum or visit www.hollandlandoffice.com.  Masks are required.

The Wonderland of Trees will run through the end of December. The basket raffle winners will be drawn Friday, December 17th. Further holiday events will also be held throughout the season. If you would like to participate by decorating a tree or contributing a basket, or general sponsorship, please contact the museum or visit www.hollandlandoffice.com.

Press release:

St. James Episcopal Church announced that the Annual Basket Raffle will be held this Friday, November 19, from 4 p.m. until 6 p.m. and Saturday, November 20, from 10 a.m. until 12 p.m. at the church, 405 East Main Street, Batavia.  Admission is free; masks are required.

Basket items include handmade quilts, a “green salad”, sweet and savory treats, seasonal décor, baby items, family movie night, Warhammer figurines, Boyd’s bears, Vera Bradley, Christmas wrappings and more!  What a fun way to do some of your holiday shopping!  Tickets will be on sale throughout the two days.  Social distancing will be maintained and no seating will be provided.  Drawings will be done at the conclusion of the event and winners called/texted to pick up their baskets Saturday afternoon.

Dorian Ely, one of the organizers, said, “Like other organizations, we have had to cancel many planned events over the last year, but we are excited to offer this opportunity for the community to show their support of our historic church by purchasing basket raffle tickets.”

The church is holding a pie sale in conjunction with this event.  The number of pre-order pies has been wonderful this year, so very few are still available.  You may still text 585-356-5359 to check on availability until noon on Friday, but after that, you will need to come to the church during the basket raffle to ask if there are any apple or pumpkin pies still available.  At $9 for a 9” homemade pie, there is no better deal in town.

Press release:

The 36th Health and Humanitarian Award of Genesee County will be presented to Bill Hayes of Batavia at noon on Friday, December 3, at a luncheon at Terry Hills Restaurant.  The award presented by The Jerome Foundation recognizes volunteer men and women of Genesee County who have helped promote the emotional, physical, and spiritual well-being of the area’s residents.  Nominations reflected “ordinary people who reach far beyond themselves to the lives of those in need, bringing hope, care, and friendship, and helping build a stronger, healthier community.”

In naming Bill Hayes for this year’s award, The Jerome Foundation will recognize more than thirty years of volunteer service and community involvement by Bill. He has been a supporter of multiple charitable causes in our community including Habitat for Humanity, BEA, Cornell Cooperative Extension, Notre Dame High School, St. Joseph School, YMCA, YWCA, All Babies Cherished, Batavia Lions Club, Northgate Free Methodist Church, among others.   

In nominating Bill Hayes, Ricky Palermo a past recipient of the Health and Humanitarian Award notes that “Bill Hayes checks all the boxes as a devoted family man and strong business and community leader.  Upon purchasing Turnbull Heating and Air Conditioning in 1991, Bill moved into the community and immediately made an impact.  He is a leader in his field and takes pride in employing veterans and active servicemen and women, as he himself served six years and is a Navy Veteran.   His significant donations are done with the spirit of bettering our community and the lives of its citizens, not for personal notoriety.  Bill is honest, dedicated, and compassionate, and all-around positive man? Bill has always said, ‘if I take care of Batavia, Batavia will take care of me.’  He has certainly done an excellent job of taking care of our community and is well-deserving of this award.”  Jim and Nancy Palermo add “Bill is a humanitarian simply by the way he leads his life and conducts his business.”

Jaylene Smith-Kilner, Executive Director of Habitat for Humanity of Genesee County wrote “Bill is always on deck as a community partner of Habitat.  When our families lay their heads on their pillows in their new home for their night’s rest, it is through Bill Hayes’s generous heart that they keep warm physically and in their hearts.” Construction Manager PJ Riner notes “when Bill has his crew on our build site, he always says ‘let’s do some Habitat’ with a smile on his face, ready to go.” 

Bill Hayes will be honored at a luncheon at noon on December 3 at Terry Hills Restaurant. The Health and Humanitarian Award luncheon is open to the public.  The event is $25 and reservations can be made by mailing a check to The Jerome Foundation, PO Box 249, Batavia 14021 by November 26th.  Seating will be limited. For further information contact Chris Fix – 585-356-3419.

Batavia City School residents are invited to ask questions and share concerns this week about a proposed pump replacement for $57,583.52.

A hearing to review the replacement of condensate pumps at Batavia Middle School, and a related transfer of funds from the Repair Reserve Fund, has been scheduled for 6 p.m. Thursday at the Batavia High School library, 260 State St., Batavia.

A condensate pump is a specific type of pump used to extract the water produced in heating, cooling or refrigeration equipment, such as furnaces and air conditioners. The city’s Board of Education is expected to vote on the proposed project contract and transfer of funds during the regular board meeting to follow. Anyone wanting to speak during the hearing may sign up before it begins, and speakers are limited to three minutes each. 

District residents also have an opportunity to address more general district concerns or ask questions at the beginning of the regular meeting. Agenda items include board votes on contracts or memorandums of agreement with Firland Management/Batavia Ice Arena to allow use by Batavia Notre Dame United Hockey Team for practices and games; Notre Dame Board of Directors for interscholastic boys and girls swimming; and the school districts of Pembroke and Byron-Bergen for shared opportunities and resources for Winterguard. 

Additional agreements to be voted on include those with Attica Central School District for interscholastic wrestling and for the professional services of Kimberly Gingrich for bilingual psycho-educational evaluations.

The agenda also includes presentations from Middle School Interim Principal Nate Korzelius, Business Administrator Scott Rozanski, Interim Superintendent Scott Bischoping, and Student Ex-Officio Kylie Tatarka.

Summary reports from the committees on Special Education and Preschool Special Education and board votes on resignations and appointments of several teacher aides SOAR staff members, long-term substitute teachers and bus, breakfast duty, detention, athletic, custodial, and Nutritional Services positions.

These meetings will be live-streamed via YouTube.com at  https://www.youtube.com/channel/UC8JI99xyBJt1sGdRzmCW2Kg

On the afternoon of what was originally a co-defendant trial, Jacob Sponaugle, facing multiple felony counts, found himself sitting with only his attorney at the defense table as the man he is accused of shooting told the jury of how a gun deal went bad outside the Days Inn in Batavia on July 22, 2020.

Jason Whitehead's testimony corroborated the earlier testimony of Crystal Shultz, Sponaugle's ex-girlfriend, and put the .32 caliber handgun in Sponaugle's hand with Sponaugle pulling the trigger.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

After today's lunch break, District Attorney Lawrence Friedman informed County Court Judge Charles Zambito that Sponaugle's co-defendant, Devon Wright, had agreed to accept a plea offer that would limit his prison term to 10 years and allow him to be released under the supervision of Genesee Justice while awaiting sentencing, presumably so he can be present for the birth of his first child, who is expected to arrive any day.

Wright entered a guilty plea of attempted criminal possession of a weapon, the top charge stemming from the July 22 incident, first-degree attempted assault, a Class C violent felony, and criminal sexual act in the second degree, a Class D violent felony.

Whitehead was first asked to describe a series of text messages he said he received from Sponaugle on the evening of the shooting.  Sponaugle wanted to know if Whitehead was interested in buying a handgun from him.  He sent pictures and video telling Whitehead the gun had been owned by "an old dude" and that it was a "clean gun."  

Sponaugle wanted $400 for the gun.  Whitehead offered $300.  Sponaugle said $350 was the lowest he could go.

Whitehead testified that he decided he could pay the $350 if he could sell it to his "main man" (identified as Wright) for $450.  

So Whitehead set up a meeting with Wright at the Days Inn and Sponaugle picked up Whitehead at his residence on Shady Lane. 

Schultz was with the two men when they drove to the hotel.

Once there, an argument broke out between Sponaugle and Wright over the asking price of the gun, Whitehead said.  At that point, he said he stopped talking and let the two men hash it out.

Eventually, Sponaugle walked away.  As he did, Whitehead testified, Sponaugle turned around, said, "this is all your fault" and shot him.

Whitehead testified that the bullet from the .32 caliber gun remains lodged in his spine. It would do more harm than good, he said doctors told him.  As a result, he is daily in pain and can't lay on his back when he wants to sleep.

Under questioning from defense attorney Joseph Lobosco, Whitehead admitted to prior heroin and cocaine use but said his use didn't alter his mental state but instead prevented him from getting sick.  He said he's been clean for a year.

Before Whitehead took the stand in the afternoon, Schultz completed her testimony, which primarily consisted of cross-examination by Lobosco, who pressed Schultz on differing versions of events in two depositions she gave to detectives with Batavia PD.  

In the first one, she said she didn't know what happened with the gun and in the second, she described in detail Sponaugle's alleged attempt to get rid of the weapon.

The differences could be explained, she said, because before Sponaugle was arrested she was afraid of him.  Once he was in custody, she said, she didn't fear him and so gave detectives a full accounting of what happened with the gun (it was, she said in the morning, put in a can of paint and given to another person). 

After Whitehead's testimony, Kevin Wolff, a supervisor at the Genesee County Jail took the stand to authenticate four recordings made at the jail -- all calls are recorded and all inmates are told they are recorded, Wolff said -- between Sponaugle and Schultz, Sponaugle and his mother,  Sponaugle and an acquaintance, and Sponaugle and his sister.

The calls contain incriminating statements by Sponaugle, most notably in the call with Schultz in which she tells Sponaugle that "I had to tell them everything."  

Sponaugle clearly did not like hearing that and questioned Schultz on why she would do that to him.

"You let them scare you into writing a statement," Sponaugle is heard saying on the call. 

He told her she didn't see anything (earlier she testified she did see the actual shooting).

"What you did was totally unnecessary," Sponaugle said. "It's going to be bad for me."

This is Friedman's final trial at the end of a 40-year prosecutorial career and, at the start of the trial at least, the first with two co-defendants.

Testimony resumes at 9 a.m., Wednesday morning.