batavia

The Batavia Muckdogs won their fifth-straight game in a big way on Monday, beating the Geneva Red Wings 8-4.

The Muckdogs collected 15 hits.

Key offensive contributors: 

• Brice Mortillaro went 3-3 with a run scored and two RBIs
• Matt DeStefano went 2-3 with two runs, a walk, and a triple
• Giuseppe Arcuri went 2-4 with a run scored, a stolen base and two RBIs
• Lucas Lopez went 3-5, scoring twice and smacking a double
• Rashad Robinson went 2-4, scoring once and walking once and swiping a pair of bases.

Ryan Kinney came on in relief, tossed 2 1/3 innings of hitless, scoreless ball to pick up his second win. His ERA is 0.77.

The 'Dogs (13-7, first place in the West) are back home tonight (Tuesday) against Niagara Power. Game time is 6:35 p.m.

Press Release:

As summer has just officially thunderstormed its way into the area, it may seem as though there’s plenty of time to put a major equipment decision on ice at the McCarthy arena on Evans Street. Especially when it could cost upwards of $4 million if the city doesn’t get any grant funding.

But from the appeals and official presentations heard during City Council’s conference session Monday evening, time is of the essence. A rapidly failing ice chiller isn’t likely to survive another full season, and without a working chiller, of course, there is no ice, no hockey program, and no evolving 12-month facility that just celebrated “a great first year,” according to arena operator Matt Gray.

That success hasn’t been without a fair share of struggles for Gray and his staff to keep the 20-plus-year-old chiller operational, he said.

“Our staff is doing everything they can to keep it running. It's a great expense with the R 22 (refrigerant). We do have leaks. It's costing, you know, our capital budget through the city is thousands of dollars a year. And that's one of the reasons why it has to be done because we're losing money,” Gray said. “Our staff during the winter, seven times, 10 times a week, are going up onto the roof, and they're thawing out a broken evaporator up on the roof, it freezes solid, it's 20 degrees out, 10 degrees when the wind’s blowing. It can't wait an hour  … We know we have a challenge for this coming year. We've already sat down with all the staff, and they're up for it. 

"We need to make it through this coming season," Gray said. "And we need to stick to the timetable hopefully for 2024 because of the 25 season so that we can open up in September of that season.”

His plea was supplemented by speaker Bob Gray, his dad and one of the founders of Friends of the Rink, who read a list of the many activities, fundraisers, events and related supporters that rally around the ice rink’s purpose. 

From a free hockey try-out day for kids and wrestling to an 80s roller skating party and mega garage sale, in addition to the regular youth and adult hockey leagues, the rink has become an incrementally improved facility that council members should check out for themselves, the elder Gray said.

Tim Sprague spoke on behalf of the Batavia Ramparts youth hockey league, endorsing the rink not just for those players but for others outside of the city that use the facility. The Ramparts has become 200 members strong, and his own participation as a kid got Sprague through a tough time in his life when his mom died, he said.

“Growing up on Harvester Avenue, it was really helpful to have a place where I could go with my friends where they were like family, and I was able to be a part of that hockey community,” he said. “So it's not just the local area people that are using it, it's driving from all around, and it's pulling people into our community. And you're getting to see things that are happening at the rink. I honestly, the dirt bike thing I thought was a wild idea. I couldn't believe how successful that was to see that happen on the ice, and the amount of support that received was just really cool.

“So that's just all I really wanted to say, is just the support that Batavia Ramparts has for that rink and what it means to us. So thank you, we appreciate it,” he said.

John Roach of Batavia came to the meeting to comment on another topic, but while at the podium, he added that investing in a new chiller was “a no-brainer.”  A couple of council members seemed to agree.

Councilman-at-large Bob Bialkowski appreciated the fact that the arena was being handled by someone local, and that has made a difference, he said. Council President Eugene Jankowski believes that the arena is “only getting better every day” and “hopefully we can get this chiller thing resolved.” Councilman John Canale has a lot of drum students that use the rink and believes that “we’re onto something, let’s keep it going.”

Paul Viele thanked the Grays for what they do to support the rink and asked, “What can we do to expedite this grant for them?”

The Climate Smart Communities grant, in the amount of $1,235,000, wouldn’t be available until December, City Manager Rachael Tabelski said. In the meantime, the council can consider applying for a bond to afford the $2.5 million capital project and purchase the chiller. Council would then approve a resolution to apply for the grant, which would be announced in December. The project would be put out for bid and award, to be installed between April and September 2024, before the new hockey season begins.

Tabelski presented two options if the council agrees to go forward with purchasing a new chiller. One is the cost of a debt service payment plan based on 25 years with interest, and the city doesn't get the grant. That tab amounts to $4 million, versus a total offset by the $1.23 million grant and decreased interest payments. 

Her recommendation is based on a feasibility study conducted by the New York Power Authority, which concluded that the chiller should be replaced as a matter of financial practicality.

“You've heard me say it many, many, many times over the past two years. We operate on the R-22 refrigerant, which has been phased out of production. We spent over $90,000 in 21 and 22. You remember the emergency purchases for either refrigerant or oil during that time period. So we built reserves. However, those reserves are being flushed down into buying this refrigerant,” she said. “They absolutely recommend replacing the chiller, the evaporative cooler.

“Specifically, the grant has timeline parameters. So I'm gonna go through it in the presentation, but we have a choice to make tonight to approve a $2.5 million project and have council look at the two different scenarios of bonding and investment. One with a grant and one without,” she said. “My ask tonight is actually to approve it, not knowing whether we get the grant or not, by letting you know we do have sufficient funds in the general fund to make those bond payments. So again, we wouldn't know about the grant until December if Council chooses to 1. approve the capital project and 2. to apply for this grant. So it's kind of like we need to get started now to hit the April timeline of when the ice comes up to move forward with the chiller replacement.”

Council moved several resolutions to the next business meeting on July 10 so that the group could vote on:

• Approving the $2.5 capital project to purchase a new chiller and evaporator system for the ice rink.
• Using a new county program that provides a one-time use of $5,000 for grant-writing services to pursue a Climate Smart Communities grant to offset the cost of the new chiller.
• Agreeing to apply for the Climate Smart Communities grant of $1,235,000.

If a popular fast-food restaurant chain has things its way, multiple properties — including the sites of Batavia Restaurant Supply and Beverly’s Floral & Gifts —  will be demolished in lieu of a bigger, wraparound establishment on a southwest corner in the city.

Hopkins Sorgi & McCarthy PLLC, representing Carrols Corp., has proposed moving the current Burger King, at 230 West Main St., Batavia, into space now occupied by 301-305 West Main St., 307 West Main St., 4 South Lyon St., and a northern portion of 6 South Lyon St.

If approved, Burger King would replace and relocate the existing restaurant with a drive-through service, the company says.

The project site is zoned commercial C-2, and the company’s future plans would require a special use permit, the company said in a letter submitted as part of a concept plan review during Tuesday’s city Planning and Development Committee meeting.

The applicant and apparent Burger King franchise owner is Ken Mistler, and Hopkins Sorgi & McCarthy are expected to return to a future committee meeting on July 18 for further discussion about the project. Mistler was not available for comment Sunday.

UPDATE 6/27/23 12:30 a.m.: Ken Mistler said that the city goofed and erroneously listed him as the applicant of this project, though he is not. 

The current Burger King structure was built in 1977 and has an assessed value of $690,000.

Renderings from Hopkins Sorgi & McCarthy PLLC. 

Could your home use some TLC in the form of much-needed repairs?

The city wants to submit for a Community Development Block Grant to assist income-eligible, single-family homeowners with essential home improvements, and input is a crucial part of the process.

Assistant City Manager Erik Fix wants to hear from homeowners during a public hearing at 7 p.m. Monday in Council Chambers, second floor, City Hall.

“This grant, if we were awarded it, would coincide with our comprehensive housing strategy that we are in the process of developing.  It goes hand in hand with the Batavia Home Fund that the City, GCEDC and Town of Batavia signed an inter-municipal agreement to fund this past fall,” Fix said to The Batavian.  “The CDBG will provide funding for rehabilitation projects on owner-occupied, single-family home rehab projects throughout the city.  The hope is that when one neighbor makes improvements, others will as well, and the City can help foster rehabilitation throughout our communities.”

The Federal assistance Community Development Block Grant funds would enable homeowners to make home repairs with grant and deferred loan funding. Any single-family homeowner is encouraged to apply. The goal of the program would be to provide vibrancy to communities similar to recent improvements made to Summit Street to create vibrant transformations throughout the city.

This program will tie in with the city’s housing improvement plan and the recently created Batavia Home Fund. The process for CDBG applications involves one public hearing prior to the submission of any CDBG grant applications to provide residents with information about the CDBG program and to discuss community development needs and priorities.

In addition to the public hearing, Batavia city officials will be conducting a survey for city residents to understand the needs in the city. Surveys will be available on the city website, at Richmond Memorial Library, 19 Ross St., and at the City Manager’s office at City Hall. Surveys must be returned to the manager’s office by July 7.

The City will be partnering with LaBella Associates to complete the grant application, which is due August 7.

The hearing is part of a City Council conference session at City Hall. 

Daniel J Bakowski, 42, of Ellicott Street, Batavia, was arrested on a bench warrant. Bakowski was arrested on June 12 on a bench warrant from  City Court. The warrant was issued on Feb. 14, after Bakowski allegedly failed to appear in court. Bakowski was originally arrested on Jan. 18 on charges of assault 3rd, criminal obstruction of breathing, criminal mischief 4th, endangering the welfare of a child and harassment 2nd. Bakowski was also charged with an additional count of bail jumping 3rd. He was arraigned in City Court and remanded to the Genesee County Jail on $2,000 cash bail. The arrest was handled by Officer Peter Post.

(name redacted upon request), 53, of South Main Street, Batavia, is charged with sexual abuse 1st, sexual abuse 3rd, and forcible touching. The Sheriff's Office released little information about the case, which was reported on June 1 and investigated by Stephen Smith and Deputy Kevin McCarthy. xxx was released on his own recognizance. (NOTE: The charges were dismissed. A grand jury found there was insufficient evidence to sustain the charges and returned a "no bill.")

Tommy L. Crawford, 34, of Walnut Street, Batavia, is charged with petit larceny.  Crawford was also arrested on a warrant from Pennsylvania as a fugitive from justice. He is accused of stealing from a business on East Main Street. In Pennsylvania, Crawford is accused of making terroristic threats, disorderly conduct, harassment, and solicitation of a ride. Crawford was jailed pending extradition. He was issued an appearance ticket on the local charge.

Christopher M. Waide, 31, of Bank Street, Batavia, is charged with harassment 2nd. Waide is accused of playing loud, amplified music and banging on his apartment walls with the intent to annoy and alarm a neighbor on June 14. He was issued an appearance ticket.

Lee Allen Baxter, 39, of West Main Street, Batavia, is charged with grand larceny 4th. Baxter is accused of stealing an electric bicycle from a residence on West Main Street Road, Town of Batavia, on June 12. Baxter was issued an appearance ticket.

Joshua Allen Grosskopf, 32, of Beaver Street, Albion, is charged with assault 2nd. Grosskopf was arrested in connection with an incident -- no details released -- reported at 12:50 p.m. on June 20 at a location on Bloomingdale Road, Alabama. He was arraigned and ordered held without bail.

Jeffrey A. Hewitt, 44, of North Street, Le Roy, is charged with DWI, aggravated unlicensed operation 1st, and failure to yield the right of way at a stop sign.  Hewitt was reportedly involved in an accident at Clinton Street and East Avenue at 9:25 p.m. on June 2. Officer Joseph Weglarski conducted an investigation and arrested Hewitt. Hewitt was held overnight in the Genesee County Jail pending arraignment. At arraignment, he was ordered held until his next court appearance.

Kevin M. McCoy, 56, of West Main Street, Batavia, is charged with criminal contempt 1st, criminal tampering 3rd, and burglary 2nd. Officers Richard Messmer and Adam Rissinger responded to a report of a disturbance on Ross Street at 6:37 p.m. on May 31. The complainant accused McCoy of entering her home while she was away, tearing down her curtains as well as dumping her garbage on the kitchen floor. McCoy allegedly violated a stay-away order. He was located a short time later and taken into custody. McCoy was arraigned in Centralized Arraignment Court. His release status is unknown.

Zoro Somano Reisman, 19, of Roosevelt Avenue, Batavia, is charged with robbery 3rd, two counts of grand larceny 4th, criminal possession of stolen property, and petit larceny. Reisman is accused of grabbing a wallet from a person's hands and running on June 17 at 10:45 p.m. at a location on Park Road, Batavia.  Reisman was held pending arraignment.

Lyndsay T. Young, 40, of Park Road, Batavia, is charged with criminal contempt 2nd and aggravated family offense. Young is accused of violating an order of protection on June 10. Young was issued an appearance ticket. 

Frank R. Cratsenberg, 62, no known address, is charged with petit larceny. Cratsenberg is accused of stealing beer from the Kwik Fill on Jackson Street, Batavia, on June 7. He was issued an appearance ticket.

Kody A. Wenzel, 30, of Brooklyn Avenue, Batavia, is charged with petit larceny. Wenzel is accused of stealing medication from a family member on June 8. Wenzel was issued an appearance ticket.

Susan M. Jordan, 60, of Prospect Avenue, Batavia, is charged with harassment 2nd. Jordan is accused of pushing another person during an argument on June 15 on State Street. Jordan was issued an appearance ticket.

Diana F. Curcio-Abou, 43, of Pittsford, is charged with DWI and speeding. On June 14, at an undisclosed time and location, Curcio-Abou was stopped by officers Sam Freeman and Felicia Martinez. Curcio-Abou is accused of driving with a BAC of .08 or greater. Curcio-Abou was issued an appearance ticket.

Sarah A. Malone, 41, of Graham Street, Batavia, was arrested on a bench warrant. Malone was arrested on June 14 on a bench warrantd out of City Court. The warrant was issued on May 19 after Malone allegedly failed to appear on charges of theft of services and criminal impersonation 2nd. Malone was arraigned and released. 

Jennifer J. Hogan, 32, of Rochester, was arrested on three bench warrants. Hogan was arrested on June 15 on three bench warrants out of City Court. All three warrants were issued on Aug. 18, 2020, after Hogan allegedly failed to appear in court. The first warrant is the result of an investigation into a robbery on Hutchins Street on Oct. 2, 2019, where Hogan was charged with robbery 2nd. The other two warrants stem from an incident on Oct. 18, 2019, where Hogan was charged with criminal possession of a controlled substance 7th, criminal use of drug paraphernalia 2nd, unlawful possession of marijuana and drinking alcohol in a motor vehicle, after a traffic stop on North Spruce Street in Batavia. Hogan was arraigned and remanded to the Genesee County Jail. The arrest was handled by Officer Austin Davis and Officer Felicia Martinez.

Latoya D. Jackson, 37, of East Main Street, Batavia, was arrested on three bench warrants.  Jackson was arrested on June 7 on three warrants out of City Court. The first warrant stems from an incident in June of 2022, on State Street, Batavia, where Jackson was charged with harassment 2nd. The second warrant stems from another incident in June of 2022 at an address on East Main Street, Batavia, where Jackson allegedly violated an order of protection and was charged with criminal contempt 2nd. The final warrant is the result of an incident in February of 2023, where Jackson was located, during a traffic stop, having several active warrants. Jackson allegedly fought with officers as they attempted to take her into custody. She was charged with resisting arrest. Jackson was arraigned in  City Court and remanded to the Genesee County Jail. The arrest was handled by Officer Stephen Quider and Officer Peter Post.

Mark John Kaszubski, 42, of Buffalo, is charged with driving while impaired by drugs, criminal possession of a controlled substance, and moving from lane unsafely. Kaszubski was stopped at 11:23 p.m. on June 9 on Route 20 in Alexander by Deputy Austin Heberein. Patrols were dispatched to Route 20 in Alexander after a caller reported observing a vehicle on Route 20 driving on a flat tire. Kaszubski was released on an appearance ticket.

Katherine Ann Goff, 34, of Byron Road, Byron, is charged with criminal contempt 2nd. Goff is accused of violating an order of protection at 1:45 a.m. on June 4. Goff was issued an appearance ticket.

Kelly P. Jones, 43, of 80th Street, Niagara Falls, is charged with harassment 2nd. Jones is accused of punching a Live Nation security guard at the Dave Matthews Concert at Darien Lake on June 14. Jones was issued an appearance ticket.

Drew Evan Lord, 27, of County Road 33, Campbell, is charged with driving while impaired by drugs, failure to obey a traffic control device, unsafe passing on left, and speeding. Lord was stopped at 7:25 p.m. on June 17 on Pearl Street Road, Batavia, by Deputy Mason Schultz.

Matthew Eric Price, of Longs Lane, Corfu, is charged with DWI, driving with a BAC of .08 or greater, failure to dim lights, drinking alcohol or using cannabis in a motor vehicle. Price was stopped at 1:33 a.m. on May 6 on Stroh Road, Alexander, by Deputy Jacob Kipler. Price agreed to be transported to UMMC for a voluntary blood draw.  He was later arrested and issued an appearance ticket.

Gary Leigh Dewind, 53, of West Bergen Road, Bergen, is charged with assault 3rd. Dewind was allegedly involved in a disturbance at midnight on June 18 at a location on Indian Falls Road, Pembroke. He was held pending arraignment.

Elizabeth Autumn Ceiotto, 24, of Groveland Street, Buffalo, is charged with petit larceny. Ceiotto is accused of stealing at Darien Lake Theme Park at 9 p.m., June 18. She was issued an appearance ticket.

Devante M. Wells, 27, of Rochester, is charged with grand larceny 3rd and unauthorized use of a motor vehicle, and Jalen I. Brown, 22, of Rochester, is charged with grand larceny 3rd and criminal possession of stolen property. Wells and Brown were arrested by State Police in connection with an incident reported at 12:37 p.m. on June 24, in the City of Batavia. Wells was ordered held and Brown was released on an appearance ticket. No further details released.

Thomas A. Biaselli, 23, of Batavia, is charged with petit larceny. Biaselli was arrested by State Police in connection with an incident reported at 1:53 p.m. on June 22 in the Town of Batavia. Biaselli was released on an appearance ticket. No further details released.

Aidan D. Cooney, 20, of Bataiva, is charged with criminal trespass 3rd. Cooney was arrested by State Police in connection with an incident reported at 12:30 p.m. on June 22 in the City of Batavia. Cooney was released on an appearance ticket. No further information was released.

Brittanee J. Hooten, 34, of Batavia, is charged with petit larceny. Hooten was arrested by State Police in connection with an incident reported at 2:54 p.m. on June 22 in the Town of Oakfield. She was issued an appearance ticket. No further information was released.

The Batavia Muckdogs picked up their fourth straight win at home on Saturday, beating Elmira 9-2.

At 12-7, the Muckdogs are tied for first place in the Western Division, percentage points behind Niagara Power, 9-4.  Amsterdam leads the Eastern Division at 17-1.

Jack Keeler (2-0, 3.21) got the win, going five innings, giving up three hits and two runs (neither were earned), while walking two and striking out two.

Ben Weber picked up his first save, going two innings and striking out four.

Matt DeStefano (Avg. .347) reached base in all four plate appearances, going  2-2 with two Walks, an RBI and a run scored. Victor Alongi went 2-4 with three RBIs. Anthony Calabro scored two runs.

The Muckdogs host Geneva today (Sunday) at 4:05 p.m.

The Batavia Muckdogs picked up a 3-2 win in Newark on Friday, 3-2, over the Pilots.

Preston Prince went five innings and whiffed five, giving up only one hit and one run to notch the win.

Adam Agresti and Matt DeStefano duplicated each other's stat line, each going 2-4 with an RBI and a double.  

At 11-7, the Muckdogs are tied for first in the Western Division with Niagara and Elmira.

The Elmira Pioneers will be at Dwyer Stadium tonight (Saturday). Game time is 6:35 p.m.

Friday night skate nights came to the David M. McCarthy Memorial Ice Arena at the right time for new Batavia resident Deborah Deegan. 

And she likes it better than the open skate options she had in Rochester.

"There's not that many places, even in Rochester," Deegan said. "There's only Horizon, and there is a place called Skate Lovers. It's very similar to what you guys are doing here, but it's not an actual rink. It's like a warehouse. And I think they built the flooring, so it's not quite as good as the floor in here. And I don't like the music that much. It's not my music. I like the music here."

And at The McCarthy, she said, you can't beat the price.

"Five dollars is like a quarter of the costs of going to Horizon in Rochester and half the cost of going to Skate Lovers," she said.

The 32-year-old Deegan said she is pretty new to Batavia and is working at Copperhead Creek.  She loves to skate and is happy the operators of The McCarthy have started Friday night skate nights. She said she loves figure skating and enjoys getting the extra practice time.  She is also involved in roller derby.

She started ice skating when she was little but could never do much except go forward. Roller skating, she said, has improved her ice skating.

"Two years ago, when the rinks opened back up after COVID, I found myself sitting there going, 'Why, when have I been skating since I was four years old, I can't do anything cool?' From there, I decided I was going to teach myself how to go backward. And here we are, two years later, and skating at the skate park on these (roller rinks), is what has gotten me so much progress. When I got back on the ice rink, I could do jumps and all types of stuff that I could never do before."

Deegan said Batavia residents who haven't been to skate night yet should come out on a Friday night. The floor is good, the price is right, the music makes it fun, and it's also a great workout. She said too many people spend way too much time on their phones. They need to be more active.

"I also do this to get fit," she said. "I read that professional skaters burn up to 800 calories an hour, which is, like, unheard of. So it's a great way to get physical activity and a workout in without actually working out."

The McCarthy now has shelves of new skates available for kids and adults. See our previous story: GC Youth Bureau bets on fun for youth with purchase of skates at The McCarthy.

The regular Friday night skate is from 7 to 9 p.m., with the exception of July 7, when there will be an 80s and 90s skate night party from 8 to 11 p.m.  The entry fee for that event is $10 with $5 rentals and includes a DJ. It's a 21-and-over event with beer and cider served. 

Photos by Howard Owens.

The skies may have been overcast, but the local talent shone through in Jackson Square on Friday night with the first of two Homegrown Concerts, hosted by Bill and Kay McDonald.

A second featuring young local talent, and some mature folks, is scheduled for Friday, June 30. The showtime is 6 p.m.

On the bill for the next show: William Franz (bagpipes), Leah Ford (guitar), Nolen Wright (guitar), Ayralynn Thompson (ukelele), and Quinn Karcher (accordion), along with Deanna Spiotta and Don Thomas and Steve Kruppner.

The evening's entertainment is rounded out with the Ghostriders and the Old Hippies.

Previously: Homegrown talent starting young in concerts hosted by The Old Hippies

No matter what you may think about online sports betting venues, they are being put to good use locally by funding youth development initiatives, Genesee County Youth Bureau Director Daniel Calkins says.

The Youth Sports Education Fund, garnered from portions of online sports betting proceeds, has so far meant $16,787 for youth-related activities, with about $5,000 of that going for the purchase of 71 pairs of funky 80s-themed rollerskates, Calkins said.

“I was talking to (ice rink operator) Matt Gray and he said they were having trouble getting skates for the ice rink,” Calkins said Friday. “So we set up a program that if a youth goes there, they pay the $5 admission and can use the skates for free.”

The neon-colored skates, meant to be low-maintenance and long-lasting, were purchased from RC Sports out of Kansas, in a range of children’s and adult sizes. They will be available for rent or free for youth at the David M. McCarthy Ice Arena on Evans Street in Batavia.

“We promote that to give kids greater access to recreational activities,” Calkins said. “We will be having events throughout the summer. And during ice season, it will be the same. If a kid comes in to ice skate, they’ll get to use the ice skates for free. The ice rink has been wonderful, our family game night was the kick-off to the skates being there.

“It’s about making Genesee County more accessible to having fun things to do,” he said. “We want to be an active part in the change here.”

That total funding also went toward kayaks to be used at DeWitt Recreational Area on Cedar Street and to help restore the financial loss suffered by the Athletic Youth Soccer Organization in Oakfield during the pandemic, Calkins said.

Genesee County receives a nine-month allocation, and “hopefully, we get the same funding next year,” Calkins said.

The Youth Sports Education Fund goes to the county’s general fund and is then disbursed to the Youth Bureau, County Manager Matt Landers said.

“The intent is definitely to be as impactful to county youth and families as possible,” Landers said  “Daniel is continually looking for positive activities for families in Genesee County.” 

Answering The Batavian about whether he has tried out the new skates. “I have not tried them because I don't want to embarrass my kids!”

If you’re interested in trying them out, the McCarthy has an open family skate night from 7 to 9 p.m. every Friday.

A two-year-old reportedly ingested chocolate containing marijuana on Thursday and was taken unconscious to the UMMC Emergency Room, according to the Sheriff's Office.

James Zackary Gray, 32, of Park Road, Batavia, has been charged with endangering the welfare of a child for allegedly leaving an edible within the reach of a child.

According to the arrest report, the child was found unconscious multiple hours after the edible was ingested.

Gray was released on an appearance ticket by Deputy Morgan Ewert.

The current condition of the child was not included in the arrest report.

The Batavia Muckdogs beat the Jamestown Tarp Skunks 8-7 on Thursday at Dwyer Stadium on a walk-off wild pitch.

Reliever Trey Bacon picked up the win after tossing two scoreless innings. 

Henry Daniels went 2-4 with a run scored and a double. Giuseppe Arcuri went 2-4 with a double and two RBIs. Anthony Calabro was 2-4 with a run scored, an RBI, a walk and two stolen bases.

Photos by Nick Serrata.

Jeremy Ives is going to have 15 years, in the words of Judge Melissa Lightcap Cianfrini, to contemplate the kind of person he is.

Is he the kind, intelligent, and articulate person of his letters to the court and his appearances in County Court, or is he the man a jury of Genesee County residents said committed a horrible act on Aug. 12, 2022? 

Ives was convicted on May 12 at the end of a jury trial of two counts of attempted assault in the first degree and menacing. The jury found that Ives had threatened two people with a shotgun.  

In the incident, one person was reportedly injured as a result of Ives firing one shot in the area of 2 Elm St., Batavia.

Since his arrest, through the trial, and into Friday's court appearance, Ives has maintained his innocence. 

Assistant District Attorney Will Zickl, who prosecuted Ives, said that one reason Ives deserved the maximum possible sentence on his conviction was his failure to express remorse for his actions on Aug. 12, 2022.

"He's demonstrated he's a danger to the community," Zickl said. "He's expressed no remorse. He's taken no responsibility for his frankly brutal actions."

Zickl said Ives has only spoken in general terms about his conduct, saying he's sorry -- primarily expressed to his family -- in a letter to the court for his behavior.

Joseph Lobosco, the defense attorney, said it wasn't exactly fair to expect Ives to say he is sorry while he is planning an appeal on what he believes is a wrongful conviction.

"He shouldn't be put in a position of needing to express remorse for something he believes he didn't do," Lobosco said.

Zickl said the maximum sentence available, 15 years, wasn't enough. Lobosco asked for the minimum term for his client.

Then Lobosco read a letter from Ives to the court dated June 6.  

He expressed his "absolute love" for his family, and said his family extended beyond his blood relations to anybody who had ever helped him in life.

"My family are the people that hold the strongest pieces of my heart that help me focus on my relationship with the gods and the other members of my bloodline and family. My honor is loyalty, and that is my oath, and that is my pride. Concentrating on my family and my faith is what helps me daily in my strive to find inner peace," Ives wrote.

He mentioned his mental health issues, struggles with addiction, and a traumatic brain injury and said he thought he had been doing well with the help of his doctors and medication. 

"The issues that I have written about have affected some of the people in my life in negative ways, in different degrees," he wrote. "I have to write these words to these people instead of speaking the words to them and looking into their eyes because of self-inflected situations, but I want each and every one of you to know and believe in your hearths that I am sorry. I apologize for the wrongs I have done."

"I'm a good man, and I love you all with all of my heart," he added.

He promised to return from prison with a greater determination to be good to his family.

"I pray to Odin and all the gods above us to help make me the best man I can be, the best father I can be, the best son I can be, the best brother I can be, and hopefully, the best husband I can be," he wrote. "Over the years, and in the past, I have fallen short of being those things.

"To all the people involved in my life, I swear on my honor I will not allow my addictions or my afflictions to negatively affect my life or my decisions ever again. I will return to my life after this situation more focused than ever before."

After Lobosco finished reading the letter, Ives spoke up for himself.  He wanted to address something he saw as a bit of misinformation from Zickl. Zickl criticized Ives for claiming to love his children when, during the pre-sentence investigation, he told an interviewer he didn't know where two of his children currently live.

Ives said he has children aged two to age 25.  His two oldest children graduated from college while he has been in custody and he hasn't been able to stay in regular contact with them. That's the only reason, he said, he doesn't know where they are living at the moment. 

During the discussion about long-term orders of protection, Ives asked that he be allowed to contact a woman who has children that he considers to also be his children, though he is not the biological father. Cianfrini said if the woman wants to contact the court to modify the order of protection, she could, but Cianfrini said she was issuing a full stay-away order of protection. 

Ives also asked for no order of protection for a friend who has helped him during the legal process, but Zickl spoke with the victim's advocate, who was in court for sentencing, and that person reportedly asked for a temporary order of protection to become long-term.

Cianfrini did modify one order of protection to allow Ives' parents to contact a person in order for them to retrieve Ives' personal belongings.

The order of protection will be in place for the length of the sentence imposed by Cianfrini plus eight years. The sentence is for 15 years plus five years post-release supervision.

Cianfrini told Ives his was a perplexing case.  He's obviously well-spoken and intelligent, able to advocate for himself, and he has a reputation, which came out at trial, for doing unbidden kind acts for others, such as installing handrails on a stairway that had no handrails.

And though he is mindful that he maintains his innocence and is planning an appeal, he was convicted of a horrific act.  He also has five prior DWI convictions and a weapons conviction in Florida.

Those two versions of Jeremy Ives don't fit together, she said.

"You're going to have to reconcile which Jeremy Ives you are going to be when you get out of prison," Cianfrini said. "It's completely up to you as to who you are going to be. You can be the person who does good deeds or you can be the person who commits these kinds of crimes. Only you can make that decision."

Press Release:

Assemblyman Steve Hawley (R,C-Batavia) slammed the Majority’s recently passed legislation that would make it illegal to organize, sponsor, conduct, promote, or participate in any contest, competition, or derby where the objective is to take wildlife (A.2917). This would include bans on hunting competitions for coyotes, rabbits, and other animals. 

The legislation, which passed the state Assembly this (Wednesday) afternoon, had a Senate sponsor from Buffalo and an Assembly sponsor from Manhattan, which provided a further example of legislators from city regions exercising power over New Yorkers in rural areas such as Western New York. 

Hawley is frustrated that rural communities are once again having their voices silenced.

“This anti-hunting bill is yet another example of out-of-touch, big city legislators imposing their will on our constituents,” said Hawley. “This is the same tactic that was used by big city lawmakers on the mandate of overtime pay on our farm workers. This proposal would not only be damaging to our rights as New Yorkers, but its effects on our local agriculture and animal population control will have negative consequences. The Majority needs to start considering the needs of ALL New Yorkers, not just those in the cities.”

Press Release:

A Statement from Assemblyman Steve Hawley (R,C-Batavia) on the Extended End of Session:

“Albany Democrats have once again shown their inability to address New York state’s most pressing issues. Not only did they needlessly extend this year's legislative session, forcing us to spend more time away from our home districts, but they also did nothing to address the current migrant crisis in our state, the growing unaffordability we see all around us, and the increased public safety risks in our communities. The Majority instead focused on passing extreme bills such as the pro-criminal Clean Slate Act and making it easier for hardened criminals to overturn their convictions. The Majority's agenda has done little to help our state and shows just how out of touch they are with the needs of New Yorkers.”

A mail carrier whose route includes South Main Street in Batavia is "the hero of our office right now," said a local manager of the Post Office in Batavia.

The name of the carrier has not yet been released by the U.S. Postal Service, but the manager said this isn't the first time the carrier has stepped up in an emergency. This winter, she called 9-1-1 after a man on her route stuck his hand in a running snowblower.

At about 2:45 p.m., the carrier was outside 152 South  Main St., Batavia, when she heard a woman inside screaming, according to a witness. The carrier entered the house where a pitbull mix was attacking a home health care aide and its owner.  The carrier deployed her pepper spray and stopped the attack.

A female occupant of the house was not injured.

The dog was secured in a bedroom of the residence, and 9-1-1 was called.

Both the health care worker and the male occupant of the home were seriously injured, but Sgt. Mitch Cowen, Batavia PD, said the injuries are not considered life-threatening. One patient was transported to Strong Memorial Hospital for treatment, and the other to Erie County Medical Center.

The dog, Steve, was removed from the home by animal control officers while being restrained by poles and taken to the Genesee County Animal Shelter.

Cowen said the fate of the dog depends on the outcome of a police investigation. They will check records to determine if there have been prior reports of the dog acting in a vicious manner. Officers will also conduct interviews to determine if the dog has exhibited vicious behavior previously. 

An area resident who passes the house frequently said he's often heard a dog inside barking.

Nearby neighbors said they've seen the dog outside but have never seen it act in a vicious manner.  They said they've seen other visitors to the house, including health aide workers, and they weren't aware of any issue with the dog on prior visits.

A woman was reportedly attacked by a dog on South Main Street, Batavia, and sustained multiple injuries.

The dog is secured at this time.

City Fire and Mercy EMS dispatched.

UPDATE 2:50 p.m.: A second person may also have been bitten.

UPDATE 3:48 p.m. by Joanne Beck: Two people were bitten. A home health care aide had entered 152 South Main St., Batavia and was attacked by a pit bull mix. A male resident attempted to intervene and was also bitten. A mail carrier heard screams, according to a witness, and entered the residence and maced the dog to stop the attack.

One patient was taken to Strong Memorial Hospital and another patient taken to Erie County Medical Center. They had serious but non life-threatening injuries.