batavia

Following an investigation at Six Flags Darien Lake, Cunningham was arrested at 6:40 p.m. on July 25 and arraigned in Darien Town Court. He is accused of touching the intimate parts of two individuals less than 14 years of age.

He was jailed in lieu of $2,500 cash bail and is due back in Darien Town Court at 3 p.m. on July 30. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien.

Ricardo Sampel, 50, of Dellinger Avenue, Batavia, is charged with five counts of aggravated family offense -- more than one offense within five years. On July 17, the Genesee County Emergency Dispatch Center received the report of a violation of an order of protection by a third party. Following an investigation, Sampel was identified and is alleged to have committed the crime of second-degree criminal contempt. It is alleged that he knowingly violated an order of protection by contacting the protected party via phone on July 13. Due to his previous criminal history, including criminal contempt convictions, the charge against him was elevated to a Class E felony. The defendant is currently being held in GC Jail on a separate criminal contempt charge. He was arraigned in Batavia City Court and jailed without bail. The investigation was assisted by jail correctional officers, including Senior Correctional Officer J.M. Smart. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong.

Jennifer Jean Greene, 46, of Tennyson Terrace, Williamsville, is charged with second-degree criminal contempt. At 4:45 p.m. on July 7, deputies responded to Six Flags Darien Lake for the report of a violation of an order of protection. Following an investigation, Greene was arrested. It is alleged that she made physical contact with a person who had a stay away order of protection against Greene. The defendant was arraigned in Darien Town Court and released on her own recognizance. She is due back in Darien Town Court on July 30. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Press release:

The Batavia City School District Foundation Inc. is proud to announce their Engraved Brick Campaign at VanDetta Stadium at Woodward Field.

The bricks will be located in front of the weight room and will be a “River Red” color. Each brick is $100 (including engraving). All engravings will be approved by the BCSD Foundation Inc. 

Each brick will be 7¾ x 4 x 1¾ inch and on each brick there will be a maximum of 14 characters per line with a maximum of three lines. A character is any letter, space or punctuation mark.

Order forms are available on the BCSD Foundation Inc. website here or at the Batavia City School District’s Instructional Services’ office at 260 State St., Batavia.

Orders received by Sept. 1 will be installed in the Fall of 2019. All others will be installed the following years.  

If you have any questions, please contact the BCSD Foundation Inc. at:  foundation@ bataviacsd.org or Julia Rogers at 343-2480, ext. 1010.

Batavia Police Department detectives' court testimony on Thursday attempted to connect the bludgeoning death of 47-year-old Raymond L. Morgan to Richard D. Hanes, the man accused of murdering Morgan in his Liberty Street residence last July.  

District Attorney Lawrence Friedman called detectives Eric Hill and Thad Mart to testify about their recollections of the events surrounding the July 24, 2018, murder. 

The investigators said lab tests detected Hanes’s DNA on a baseball cap found below Morgan’s bedroom window. Detectives reportedly also found a green shirt and gray pants — similar to descriptions of the unknown perpetrator’s clothes — in Hanes’s blood-covered closet at his former Thorpe Street, Batavia, home. 

The detectives explained to jurors that Morgan’s DNA began to be collected throughout the city following his death. Batavia PD found Morgan’s blood on both the exterior of his bedroom window and the house siding below the room in the hours after the attack. 

Morgan’s DNA was also swabbed from a handlebar grip of Hanes’s bicycle and a hammer on the roof of an Ellicott Street house. Detectives suspect Hanes may have thrown the alleged murder weapon before pedaling back to Thorpe Street. 

Jurors listened as Hill reassembled a text conversation between Morgan and Hanes from the fatal night last July. Although Morgan’s contact information and the text messages did not appear on Hanes’s phone, they were later found in a phone records search by police. 

Hanes apparently texted Morgan “I owe you $395. Imma pay you” around 10:50 p.m. and “Here” at 11:09 p.m, minutes before Batavia PD was called to 111 Liberty St.

Mart told the jury that he had heard loud sirens from emergency responders as he was driving on Main Street before being dispatched to the scene of Morgan's death.

Mart questioned why Hanes said in a July 26, 2018, interview that he did not hear or see responders while traveling on his bicycle in the vicinity of the crime scene. 

“For him to be in the area where he said he was, I find it hard to believe that he would not at least hear the sirens,” Mart said.

Hanes faces life in prison if convicted of second-degree murder. Defense attorney Frederick Rarick will have the opportunity to cross-examine Mart when the trial continues at 2 p.m. today in Genesee County Court.

David Bellavia visited the Holland Land Office Museum on Wednesday at the request of The Batavian for an exclusive interview to discuss his experience in Washington the week he received the Medal of Honor on June 25 in a ceremony at the White House and was inducted into the Hall of Heroes at the Pentagon.

In the interview, we discuss not only his Medal of Honor, but the Medal of Honor received by Charles F. Rand, a Batavia resident often credited with being the first to enlist in the Army as a volunteer at the start of the Civil War. We discussed the "bubble" Bellavia was in during his time in Washington; the time he spent with the men he went to war with in Iraq;the men who didn't come home, most notably Capt. Sean Sims; what it was like on stage in the East Room during the Medal of Honor ceremony; the rush of people around him during the reception after the ceremony; what it means to represent the Army as a Medal of Honor recipient; and why he wanted to be sure to include in the events his friends from Western New York, especially the GLOW counties. Now that he's personally met President Donald Trump, we also asked for his measure of the man. And finally, we discussed his childrens' reaction, especially his sons, to the award.

NOTE AND POSSIBLE CORRECTION:  We have been referring to David Bellavia and Charles Rand, including in this video, as the only two Batavia residents to receive the Medal of Honor. We knew about James E. Cross but the history on Cross, as passed along to us, has been that he was born in Darien and enlisted in Batavia. County Clerk Michael Cianfrini wrote yesterday to suggest that Cross was a resident of Batavia. This morning I did a quick search on ancestry.com and it appears Cross was a resident of Batavia during the 1860 and 1870 censuses. It appears that he enlisted in Elmira. He was discharged with a disability in 1862 and was awarded the Medal of Honor in 1898. We'll see if we can find out more.

Press release:

The race for first-place in the Pinckey Division of the New York-Penn League got interesting on Thursday night as West Virginia scored two runs in the bottom of the ninth to down the Batavia Muckdogs, 4-3.

Batavia is now in first place at 24-16 and West Virginia is 21-17, taking 2-of-3 from the Muckdogs.

Batavia returns home for three games Friday, Saturday and Sunday against Williamsport.

A bright spot for the Muckdogs was the pitching of Julio Frias, who pitched six strong innings, striking out six, five of them in the first three innings. He gave up four hits, one run and walked two.

Frias, 21, was signed out of Boca Chica, Dominican Republic, by the Miami Marlins. The Marlins were patient with the young 6-foot-2 lefty, giving him two years with the Dominican Summer League Marlins and two years with the Gulf Coast League Marlins.

During that time, Frias, who started his career at 16, went 3-15 with an ERA close to five.

However, this season with Batavia, Frias is 3-1 with a 1.73 ERA and he has struck out 50 in 41.2 innings with 12 walks and 25 hits.

Batavia took a 1-0 lead in the second when Milton Smith II scored on a mild pitch with two outs, then West Virginia tied the game at 1-1 in the third.

In the top of the fifth, Nic Ready, crushed his 21st double of the season to left scoring J.D. Orr then Smith II then singled to left scoring Ready for a 3-1 lead.

In the bottom of the ninth, a sacrifice fly tied the game and a single by Nick Patten to score Matthew Fraizer won the game for West Virginia.

Orr forced two balks of West Virginia pitchers while he was on the bases with his unique leading style. He had the hit and walked three times and it now hitting .375 on the season. He also stole his 20th base of the season

Smith II had two hits a RBI (his 15th) and a run. Ready's RBI was his 23rd on the season.

Andrew Turner had two hits for the Muckdogs while Dalvy Roasario and Jack Strunc also had hits.

M.D. Johnson had his fourth hold on the season, going 0.2 innings and Geremy Galindez had his first hold pitching 1.1 innings of perfect baseball with one strikeout. Evan Brabrand took the loss, he is now 2-1 on the season.

Tonight the Muckdogs host Williamsport; it is Flash Back Friday, there will be Crafty Hour as Eli Fish craft beers are $3 for an hour before the game. Fans can get a bag of tennis balls after the game and take the chance on throwing one into a hula hoop to win two round-trip airline tickets courtesy of Allegiant Air. There are other hoops to win other prizes.

On Saturday (also a 7:05 p.m. start), the Muckdogs not only have fireworks after the game, but Tompkins Bank of Castile bought all the general admission seats and are giving them away to fans. There are still a few available at the box office.

Sunday is a 5:05 p.m. start and it's O'Lacy's Irish Day. O'Lacy's has specials and tickets, you can visit the restaurant or follow them on Facebook.

It is also free admission for MuckPups and kids can run the bases. Before the game, next to the souvenir stand, it is Autograph Alley as eight players will sign autographs, pose for photos and selfies with fans.

Submitted photo: The patience the Miami Marlins have shown with lefty Julio Frias is paying off. He threw six strong innings Thursday and left with his team ahead, 3-1. The Muckdogs fell, 4-3. Batavia Muckdogs remain in first place despite last-inning victory by West Virginia.

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Today, The Batavian conducted an exclusive interview with Medal of Honor recipient David Bellavia at the Holland Land Office Museum.

This photo shows the first time the medal awarded to Bellavia and the medal awarded to Charles F. Rand are in the same room together. Bellavia and Rand are the only two Batavians to have received the Medal of Honor.

Our interview today with Bellavia focused on his experience in Washington, D.C., last month when he received the Medal of Honor from President Donald Trump. David and I discuss some of the observations and insights Bellavia has not discussed yet in other interviews.  

Below, a video we did previously about Charles Rand and our video covering Bellavia's Medal of Honor Week, in case you haven't seen it yet, to prep you for the video interview. I hope to have that edited and later to post tonight sometime, or in the morning, at least.

UPDATE 5:30 p.m.: When I posted this, I wasn't thinking about the fact that we have the opening of Batavia Downs tonight. Covering that will greatly delay my ability to finish this video. 

Press release:

The Justice for Children Advocacy Center would like to cordially invite the community to attend an Open House at the Justice for Children Advocacy Center at 304 E. Main St., Batavia, from noon to 6 p.m. on Thursday, Aug. 15^th.

This Open House will celebrate the completion of phase one of the renovation of our Batavia location.

We are eager to celebrate this achievement with the community because it has come as the result of eight years of hard work and extraordinary support from countless individuals in our community who want the very best for our kids!

In 2011, the Kiwanis Club of Batavia embarked on an effort to raise funds to create a physical environment at the JFCAC that is as welcoming to kids and families as is the amazing multidisciplinary team members. Thanks to the hard work of the Kiwanians and an incredible amount of support from the community, this effort raised nearly $200,000.

The First Presbyterian Church of Batavia has generously offered the JFCAC a long-term lease to one of its buildings located at 304 E. Main St. in Batavia, allowing us to devote all funds available to creating a space that fully meets the need of our program and the children we serve. 

Construction on phase one of the renovations commenced in March of this year and was completed at the beginning of July.

These renovations have doubled the amount of space available to provide direct services to children and families and have made the entire first floor completely ADA compliant.

The Justice for Children Advocacy Center (JFCAC) was established in 1998, and is the only National Children’s Alliance accredited Child Advocacy Center with offices in Genesee, Orleans, and Wyoming counties.

Services available at the JFCAC include forensic interviews, medical exams, victim assistance, mental health counseling, and multidisciplinary team coordination.

Case coordination facilitated by JFCAC enhances the efficiency and effectiveness of team members in the fields of law enforcement, child protection, prosecution, medicine, mental health, and victim advocacy and ensures a child-focused response to cases of physical and sexual abuse.

Since opening in 1998, the JFCAC has coordinated the investigation and response to over 2,500 cases of sexual or physical abuse involving children. In 2018 alone, the JFCAC coordinated 247 cases and served 569 children and caregivers impacted by violence.

The evolution of this plan truly was a community effort and sends a valuable message to the children and families who have been impacted by abuse: You are not alone. Your community supports you. We are all willing to work to keep you happy, healthy, and safe.

We hope that you will join us to celebrate our achievement, our community, and our kids!

For more information about the project, please visit www.justiceforchildrenadvocacycenter.org

Reader Paula Zack describes herself as an amateur photographer but she did a good job yesterday of capturing in still photos the program yesterday of David Bellavia receiving the Key to the City. We wanted to share them with you.

Press release:

Farmers Market Coupons are still available at the Genesee County Office for the Aging, 2 Bank St., Batavia.

Booklets are available to adults aged 60 years and older who are income-eligible. Proof of age identification must be provided.  

Income guidelines are as follows:

• Household of one $1,926 per month;
• Household of two $2,607 per month;
• Household of three $3,289 per month.

Maureen Estabrooks, Office for the Aging’s coordinator for the program, says, “It still remains, that anyone 60 or older in a household may receive a coupon booklet as long as they are income eligible.

"This means that in a qualifying household, multiple individuals may receive booklets. This program is a wonderful way to help older adults with limited income to purchase healthy fresh produce from our local farmers.”

Questions may be directed to the Genesee County Office for the Aging at 585-343-1611.

Marquerite A. Magee, 80, of North Street, Albion, is charged with second-degree harassment. She was arrested at 12:05 a.m. on July 20 on Bank Street in Batavia after allegedly punching her roommate in the face at the assisted living facility where she resides. Magee was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Peter Flanagan.

Michael L. Valle, 38, of Bank Street, Batavia, is charged with second-degree harassment. He was arrested after allegedly punching a person in the face at 10:08 p.m. July 19 on Bank Street. He was issued an appearance ticket for July 23 in Batavia City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Post.

Brandon C. Dodd, of Highland Park, Batavia, is charged with second-degree harassment. Dodd was arrested after an incident at 12:51 a.m. on Pearl Street in Batavia in which he allegedly struck an individual in the face. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Flanagan.

Bradley R. Jordan, 26, of East Main Street, Batavia, is charged with first-degree criminal contempt, second-degree harassment, and endangering the welfare of a child. At 3 p.m. on July 19 on East Main Street in Batavia it is alleged that Jordan struck a person who has an order of protection against him. He was arraigned in Batavia City Court and jailed without bail. He was due back in court today (July 24). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Bobby Lee Mobley, 34, of Watson Street, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested on the charges July 20 and jailed without bail following an investigation of an incident that occurred at 6:35 p.m. on July 19 on Maple Street in Batavia. He is accused of entering a residence of a person who had a stay away order of protection against him. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Christopher Camp.

Tatiana Celeste Lugo, 24, no permanent address, Batavia, is charged with first-degree criminal contempt. Lugo was arrest at 12:46 a.m. on July 19 on North Spruce Street, Batavia, following the investigation into a violation of a court order. She was arraigned in Batavia City Court and jailed in lieu of $5,000 cash or bond. She was due back in city court today (July 24). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Christopher Lindsay.

Kiha S. McNear, 21, of Walnut Street, Batavia, is charged with petit larceny. McNear was arrested July 14 on an arrest warrant out of Batavia City Court. It is alleged that McNear stole a bicycle at 11 p.m. on June 28 on Ellicott Street. He was arraigned in city court and put in jail in lieu of $1,000 cash or bond. The case was handled by Batavia Police Officer Christopher Lindsay.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with illegally inhaling toxic vapors in public places. He was arrested at 2:42 p.m. on July 22 in the 200 block of West Main Street in Batavia after he was allegedly located huffing an aerosol container in the parking of a local business. He was issued an appearance ticket for Batavia City Court and released. He is due in Batavia City Court on July 30 to answer the charge. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Ivison.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with illegal use of toxic vapors. He was arrested at 5:26 p.m. July 23 in the 4100 block of West Main Street Road in Batavia for allegedly huffing cans of air duster in the parking lot of a local business. He is due in Batavia City Court on July 30 to answer the charge. The case was handled by Batavia Police Officer Peter Post.

Ronald D. Williams, 42, of Ellicott Street, Batavia, is charged with unlawfully growing cannabis and unlawful possession of marijuana. He was arrested at 8:45 p.m. on July 18 on Ellicott Street. It is alleged that Williams was growing marijuana plants on the roof of his residence. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Christopher Lindsay.

Jurors listened closely to opening statements and testimony about the bludgeoning death of 47-year-old Raymond L. Morgan, of 111 Liberty St., Batavia, in the third day of the Richard D. Hanes trial.

District Attorney Lawrence Friedman drew the attention of jurors as he described the brutality of Morgan’s death in his opening statement. Friedman told the jury that at least 24 blunt force trauma injuries, most likely caused by blows from a hammer, were sustained by Morgan’s body.

As he explained the timeline of events on the night of July 24, 2018, Friedman revealed the perpetrator dropped 12–15 feet from a second-floor window of Morgan’s apartment and fled the scene in the direction of Ellicott Street after the incident occurred. 

During the course of the investigation, Batavia PD investigators collected blood samples matching the DNA profiles of both Morgan and Hanes from a bathroom at 5 Thorpe St., Batavia, which is the rooming house where Hanes resided at the time. Friedman said detectives will testify to the significance of this finding later in the trial. 

In defense attorney Frederick Rarick’s opening statement, he described Morgan's murder as "bloody, vicious, in your face."

Rarick explained to jurors that Hanes was in the vicinity of the Liberty Street home on July 24 to purchase drugs from Morgan. Rarick emphasized that neither forensic evidence at the scene nor witness testimonies will prove Hanes as the perpetrator.

Rarick told jurors that police did not ask for blood or fingerprint samples from other witnesses once Hanes was questioned and his DNA sample was taken. Rarick’s last words in his opening statement — that Hanes had no motive to allegedly commit the murder — rang loudly in the silent courtroom. 

Damien Boyd was called by Friedman to testify because he lived at 111 Liberty St. and witnessed Morgan’s badly beaten body moments after the attack. Boyd said he briefly spoke to Hanes outside the house on July 24 about 10 minutes before he heard banging noises coming from Morgan’s room. 

Boyd said he saw an air conditioning unit thrown from the window of Morgan’s room and a white male drop to the ground shortly after. Boyd observed blood on the man’s hands, but he could not identify the individual due to the poorly lit surroundings. 

Boyd said that the man who had fallen picked up an object Boyd described as "1 ½ to 2 feet long with an L shape on the end." Yet, Rarick pointed out during cross-examination that Boyd previously failed to choose the correct hammer from a lineup of eight hammers, one of which was the weapon used in the beating.

Hanes faces a life sentence if the jury returns a guilty verdict for his second-degree murder charge. Jurors will draw nearer to a verdict today in Genesee County Court.

Jurors have been selected in the case of Richard D. Hanes, who is charged in the bludgeoning death of Raymond L. Morgan, 47, of Batavia.

After two days of questioning prospective jurors, defense attorney Frederick Rarick and District Attorney Lawrence Friedman selected a jury composed of eight women, four men and six alternates who swore to serve as unbiased fact-finders in the case. 

Hanes, a 37-year-old former Holley resident, is facing a second-degree murder charge after allegedly beating Morgan beyond recognition in his 111 Liberty St., Batavia, apartment last July. 

Morgan was pronounced dead when police arrived at the scene. Morgan's cause of death was blunt force trauma to the head. Batavia PD officers and detectives are expected to testify to their investigation in the coming days of testimony.  

Friedman repeatedly asked juror candidates yesterday whether the use and sale of illegal drugs would affect their fairness since Morgan had a previous conviction for criminal possession of a controlled substance.

Rarick urged potential jurors to admit whether graphic testimony and images of the blood-covered crime scene would cause them to be impartial. Judge Charles Zambito excused a few juror candidates when they said that the forensic evidence may be too overwhelming.

The jury will now have the opportunity to listen as attorneys deliver their opening statements and question witnesses at 9:30 a.m. today in Genesee County Court. The first day of testimony coincides with the anniversary of Morgan’s death.

In a short ceremony at City Hall, Medal of Honor recipient David Bellavia received the Key to the City from Batavia City Council President Eugene Jankowski.

Following the ceremony, Bellavia met and spoke with every single person who came to the ceremony and stayed for the chance to meet him, shake his hand, take a selfie, and even hold his Medal of Honor.

Following the event, Bellavia participated in a short press conference inside City Hall. That video is below.

A single-car accident, with injuries, is reported in the city at East Main and Swan streets. City fire and Mercy medics are responding.

UPDATE 2:19 p.m.: The driver is being transported to UMMC and complains of pain.

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