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Batavia Blue Devils finish two runs short of history

By Howard B. Owens

In a competitive sport, there can be only one winner, and in Brockport today, only one team would get to make history.

That team turned out to be Aquinas, which became only the third school (that we know of) in modern Section V history to win the boys' team-sport Triple Crown -- championships in football, basketball and baseball -- in a single school year.

It's the second time Aquinas has achieved the feat, first doing it in 2011-12.

Batavia has never done it, and with a 2-1 loss will have to wait for another opportunity somewhere down the road.

The records are incomplete, but John Moriello of the New York Sportswriters Association researched the question today, and as near as he can tell, the Triple Crown has only been achieved three times in Section V, though it's possible some smaller schools archived it.

"I suspect it's happened a few times over the years in the section, but there's not a database that would allow for pinning down specifics," Moriello said. "It's more likely in the smaller classifications with schools like Notre Dame, Clyde-Savannah, Hornell and Cal-Mum."

While Batavia notched Section V titles in football and basketball this year, Aquinas could go on to win the trifecta at the state level this year.

There were no Section V football championships before 1977.

Pittsford Mendon was the first Section V school to secure the Triple Crown with titles in 1982-83.

This year, 31 teams in the state had a chance at the Triple Crown when baseball season started, according to Moriello, and only Aquinas got that third critical win.

Batavia won its first baseball title in 1953, but hasn't taken a Section V crown since 1998 (it also had titles in 1980, 81 and 94).

The football program had great teams prior to 1977, but didn't get a Section V title until 1991 and then waited until the Brennan Briggs era to win again, getting titles in 2014 and this year.

Batavia became a powerhouse in basketball under Buddy Brasky, winning its first Section V title in 1998, and then in 2005, 2009, 2010, 2013 and 2016.

To purchase prints, click here (the slideshow includes BHS softball).

Hit-and-run accident involving pedestrian reported on East Main Street, Batvaia

By Howard B. Owens

A pedestrian is conscious and alert after reportedly being struck by a car in the area of 317 E. Main St., Batavia.

The car has left the scene.

It's a maroon, newer sedan driving by a female, heading east on Main Street.

City fire and Mercy EMS dispatched.

UPDATE 10:27 p.m.: The vehicle has apparently been located.

UPDATE 10:28 p.m.: The vehicle stopped was not involved. A city patrol is checking the area.

Photo: Cooling off in the spray park

By Howard B. Owens

It's looking like Memorial Day Weekend is going to be a great weekend to make use of the spray park in Austin Park, as Darien Rhodes did this afternoon with Faith Rhodes.

Temperatures will reach as high as 92 degrees over the weekend with ample humidity.

Photo: Win some wine from Bank of Castile

By Howard B. Owens

Mark Williams, with the Tompkins Bank of Castile, holds one of the baskets available in a charity raffle at the Batavia branch on East Main Street.

Funds from the raffle of the two baskets of wine and other gifts will benefit Relay for Life in Wyoming County.  

Raffle tickets are available through the drive-up or when you walk into the branch.

Crash blocking traffic reported at Jackson and Ellicott streets

By Billie Owens

An accident with unknown injuries, blocking traffic, is reported at Jackson and Ellicott streets. City fire and Mercy medics are responding.

UPDATE 12:49 p.m.: No injuries. Two pickup trucks involved, both moved out of way and clear of traffic.

Nazareth College announces students on dean's list for Spring 2016

By Billie Owens

ROCHESTER, NY (05/26/2016)-- Nazareth College announces its Dean's List for the Spring of 2016 semester.

Kelsey Hill, of Batavia, is majoring in Health Sciences.

Lauryn Krebs, of Corfu, is majoring in International Studies.

Jessica Meyers, of East Bethany, is majoring in Occupational Science.

Kelsey Milligan, of Pavilion, is majoring in Health Sciences.

Kathleen O'Donnell, of Batavia, is majoring in Biology.

Andrea Raphael, of Batavia, is majoring in Occupational Science.

Courtney Taylor, of Bergen, is majoring in Biology.

Alexandra Walker, of Byron, is majoring in Communication Science & Disorders.

Debris in roundabout popping tires, causing delays

By Howard B. Owens

Debris from an accident in the Oak Street Roundabout is causing some havoc, with popped tires and slowed traffic.

Earlier, Batavia PD had responded to a fender-bender in the roundabout and after this current incident was reported, he confirmed there was very little debris from that accident and it was cleaned up, so this debris is apparently from a later, unreported accident.

A Sheriff's patrol came through and reported a good deal of debris in the roundabout and "people are popping their tires."

There's a disabled semi-truck and two passenger vehicles have pulled into a nearby parking lot, coincidentally, perhaps, a tire shop.

Law and Order: Dellinger Avenue man accused of burglarizing business and damaging picnic tables, pavilions

By Billie Owens

Christopher Tyler Sprague (pictured left), 22, of Dellinger Avenue, Batavia, is charged with third-degree burglary, second-degree criminal mischief, and petit larceny. On May 25, Sprague was transferred from Genesee County Jail to Batavia City Court where he was arraigned on these charges following an investigation into a burglary which occurred at a business at 3 Treadeasy Ave. in the city between May 7 and May 9. Sprague allegedly broke into the building and stole money while inside. He also allegedly damaged several picnic tables and pavilions behind the building. Following his arraignment before City Court Judge Durin Rogers, he was released, but due to a pending parole violation for which he was being held, he was transported back to jail. He is to be in City Court to answer the charges at 1 p.m. on June 8. The case was handled by Batavia Police Det. Richard Schauf, assisted by Det. Eric Hill.

Chase Michael Putnam, 20, of Circle Drive, Williamson, is charged with driminal possession of a weapon, 4th, criminal possession of a controlled substance, 7th, and unlawful possession of marijuana. At 11:57 a.m. on May 26, Putnam was stopped on Route 77 in the Town of Pembroke The defendant was allegedly found in possession of a quantity of suspected cocaine and marijuana, as well as a doubled-edge knife. Putnam was arrested and issued an appearance ticket for June 21 in Town of Pembroke Court. The case was handled by Sheriff's Deputy Patrick Reeves.

David Alan Ornt, 24, of Hall Road, Holley, is charged with unlawful possession of marijuana, speed in excess of 55 mph, and open container of alcohol in a motor vehicle. He was arrested on the charges following a traffic stop at 6:52 p.m. on May 22 on South Holley Road in the Town of Byron. He was issued appearance tickets for June 20 in Town of Byron Court. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Kevin Forsyth.

Chet William Kenyon, 32, of Sandybrook Drive, Hamlin, is charged with criminal possession of marijuana in the fifth degree and open container of alcohol in a a motor vehicle. He was arrested at 6:23 p.m. on May 22 on South Holley Road in Byron following a traffic stop. He was issued appearance tickets for June 20 in Town of Byron Court. The case was handled by Sheriff's Deputy Michael Lute, assisted by Deputy Kevin Forsyth.

Dog locked in red pickup truck behind City Slickers

By Billie Owens

A dog has reportedly been locked inside a red Chevy pickup truck in the Court Street plaza in the city for the last 30 minutes. Batavia PD is responding. The vehicle is in a handicapped parking space near City Slickers restaurant.

Grand Jury: Man indicted for purposely causing nearly $2K in damage to Chevy on Robbins Road, Le Roy

By Billie Owens

Jeffrey W. Scott is indicted for the crime of criminal mischief in the second degree, a Class D felony. It is alleged that on Feb. 21 at 9280 Robbins Road in the Village of Le Roy, Scott, with intent to damage property of another person and having no right to do so, damaged the property of another person in an amount exceeding $1,000. He is accused of damaging the windshield, front passenger door, console, instrument panel and steering column of a 2004 Chevy Classic Malibu in the amount of about $1,874.48.

Michael J. Elmore is indicted for the crime of burglary in the second degree, a Class C violent felony. It is alleged that on Nov. 30 Elmore knowingly entered or remained unlawfully in a dwelling on Summit Street in the City of Batavia with the intent to commit a crime.

John K. Stone is indicted for the crime of driving while intoxicated, as a Class E felony. On Dec. 7 in the Town of Batavia, it is alleged that Stone drove a 2006 Honda Ridgeline on Route 5 and in the Batavia Mobile Home Park while intoxicated. In count two, he is accused of the crime of reckless driving, a misdemeanor, for allegedly operating the vehicle in a manner which unreasonably interfered with the free and proper use of a public highway. In this case, he allegedly drove at a high rate of speed, failed to yield to an emergency vehicle, operated with headlights, and nearly struck several pedestrians in the mobile home park. In Special Information filed by the District Attorney, Morris is accused of having been convicted of DWI, per se, on April 9, 2007, in County of Orleans Court and this conviction is within 10 years of the crimes alleged in the current indictment.

Adrian P. Morris is indicted for the crime of driving while intoxicated, as a Class E felony. On Feb. 5 in the Town of Le Roy, Morris allegedly drove a 2009 Ford on West Main Street while intoxicated. In count two, Morris is accused of driving while intoxicated per se, as a CLass E felony, for having a BAC of .08 percent or greater at the time. In Special Information filed by the District Attorney, Morris is accused of having been convicted of DWI, as a misdemeanor, on Feb. 2, 2010 in the Town of Greece, which is within 10 years of the crimes alleged in the current indictment.

'Career drug dealer' from Rochester sentenced to eight years in prison

By Billie Owens

Tylee Demetrius "Love" Gaines, 37, of Waverly Place, Rochester, was sentenced this afternoon to the maximum possible of eight years in prison after previously accepting a plea deal on a single felony charge of third-degree criminal possession of a controlled substance.

He was arrested in January and charged with criminal possession of a controlled substance with intent to sell, criminal possession of a controlled substance, 7th, unlawful possession of marijuana, two counts of aggravated unlicensed operation, obstructed view and unlicensed operator.

His arrest was the result of a traffic stop on Ross Street in the City of Batavia for having an obstructed view. He was found to be driving on a suspended license, then at BPD headquarters was found in possesssion of marijuana and several small bags of crack cocaine. He was jailed without bail.

As part of a plea agreement with the District Attorney's Office, the other charges were dropped. The range of his potential prison term was pared from two to 12 years, to one and a half to eight years. District Attorney Lawrence Friedman argued for the maximum under the agreed upon cap of eight years, citing the defendant's lengthy criminal history.

"This defendant is a career drug dealer," Friedman said, noting Gaines has served four prison terms already and has been released on parole seven times, violating parole every single time.

His propensity for drug dealing is "persistent," with six convictions for criminal possession of a controlled substance with intent to sell.

The attorney for Gaines, Thomas Burns, told Acting Genesee County Court Judge Michael F. Pietruszka that his client is the father of two 6-year-olds and admits he has a history of "substance abuse issues." "Piggy-backing" on that are crimes of providing drugs for others to buy and having a stash so he could support his own habit.

Burns asked the judge to consider sentencing his client to the "mid to minimum range."

When asked if he had anything to say, the orange-jumpsuited and shackled Gaines, who's a big guy -- about 6'4" and 250 pounds -- said softly: "My drug use and history's been going on a long time since I was young. I apologize to the court."

Burns said his client wanted it noted for the record that "he denies having contact with Officer Richards." According to a Batavia PD report, Batavia Police Officer Chad Richards is one who pulled Gaines over at 4:30 p.m. on Thursday, Jan. 7, on Ross Street in the city for having an obstructed view.

The denial was duly noted.

Judge Pietruszka then said that Gaines is a second felony offender for sentencing purposes and handed down the maximum of eight years in prison, to be followed by three years of post-release supervision.

One arrest in latest NET detail

By Billie Owens

Press release:

On May 11, uniformed members of the City of Batavia Police Department along with members from the Genesee County Local Drug Task Force (comprised of members from the Genesee County Sheriff's Office, Le Roy Police Department and City of Batavia Police Department), Genesee County Probation Officers and uniformed members of the Genesee County Sheriff's Office conducted a N.E.T. (Neighborhood Enforcement Team) detail in the City of Batavia.

The detail focused on quality-of-life issues, drug enforcement, warrant checks and probation checks in targeted neighborhoods. The following arrest was made;

Loretta L. Baer, age 44, of School Street in Batavia – was charged with criminally using drug paraphrenalia in the second degree (Class A misdemeanor) and criminal possession of a hypodermic instrument (Class A misdemeanor)

Officers conducted 11 probation checks and five probation violations were reported as a result of those checks. All probation violations are being handled by the Genesee County Probation Office.

Batavia octogenarian charged with criminal sale of a controlled substance

By Billie Owens

An 84-year-old woman who lives on West Main Street in Batavia is charged with third-degree criminal sale of a controlled substance and third-degree criminal possession of a controlled substance.

Laura M. Viehdeffer, pictured right, was arrested on the charges Wednesday, May 25, and arraigned in Genesee County Court, then released on her own recognizance. She is due back in court at 9:30 a.m. on June 2.

The charges stem from an incident at 12:51 p.m. on June 28 at 334 W. Main St., Apt. #4, Batavia, according to the Sheriff's Office report.

The case was investigated by Genesee County Sheriff's Deputy Joseph Loftus, assisted by Deputy Emily McNamara.

Law and Order: Le Roy man accused of stealing heating system, appliances and building supplies from house on Washington Avenue

By Billie Owens

Angelo A. Cassidy, 39, of East Main Street, Le Roy, is charged with second-degree criminal mischief and third-degree grand larceny. He was arraigned on the charges at 11:10 a.m. on May 18 and released under supervision of Genesee Justice. It is alleged that at noon on Oct. 20, Cassidy removed a home-heating system, appliances and building supplies from a residence on Washington Avenue in the City of Batavia without permission. He is to appear in City Court at 9:30 a.m. on June 16. The case was handled by Batavia Police Officer Jason Davis.

Kiha Samuel McNear, 18, of Walnut Street, Batavia, is charged with harassment and endangering the welfare of a child. McNear was arrested at 1:50 a.m. on May 22 on Walnut Street in Batavia after allegedly striking an individual multiple times in the face with a closed fist. The alleged victim was under the age of 17. McNear was jailed on $1,000 bail and was to return to City Court on Monday (May 23). The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Peter Flanagan.

Twan Conway, 45, of Walden Creek Road, Batavia, is charged with second-degree harassment. Conway was arrested following a 9-1-1 call hang-up investigation. The call was made at 12:30 p.m. on May 17. Conway was arraigned at 10:30 a.m. on May 22 and jailed on $500 bail. Conway was scheduled for City Court on May 23. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Kevin DeFelice. Then on May 23, at 7:40 p.m., Conway was arrested again following an incident wherein he allegedly pushed another person while an active order of protection was in place. He was jailed without bail and is be in City Court tomorrow, May 27. This case was handled by Batavia Police Officer Stephen Cronmiller.

Michael Patrick Sullivan, 53, of Main Road, Stafford, is charged with second-degree criminal contempt and second-degree harassment. At 7:54 p.m. on May 24, Sullivan was arrested after allegedly violating a court order by subjecting two people to physical contact by throwing a glass item at them. He was jailed on $1,000 bail and is to be in Town of Stafford Court on June 9. The case was handled by Sheriff's Deputy James Diehl, assisted by Sgt. Eric Seppala.

Sara Jo Likus, 30, of Townline Road, Darien, is charged with: driving while ability impaired by drugs or both alcohol and drugs; driving on the sidewalk; and moving from lane unsafely. At 9:28 p.m. on May 18, it is alleged that Likus drove a vehicle while her ability to do so was impaired, and that while driving she changed lanes unsafely and drove over the curb onto the sidewalk, striking a utility pole. She was issued several tickets and released to a third party. She is to be in City Court on June 8. The case was handled by Batavia Police Officer Jamie Givens.

Charles-Gus Williams, 37, of Robinson Road, Lockport, is charged with second-degree criminal contempt. At 1:49 p.m. on May 20, it is alleged that Williams violated a complete stay away order of protection at a residence on Maple Street in the City of Batavia. He was jailed on $2,500 bail and was due in City Court on May 23. The case was handled by Batavia Police Officer Christopher Lindsay.

Jeffrey D. Matla, 56, of Alexander Road, Batavia, is charged with: DWI -- common law; speeding; failure to signal a lane change; and DWI with a BAC greater than .08 percent. Matla was arrested at 5:18 p.m. on May 22 on West Main Street in Batavia following a traffic stop. He was stopped for traffic violations and allegedly found to be operating his motorcycle in an intoxicated condition. He was released and is to be in City Court on June 8. The case was handled by Patavia Police Officer Cowen Mitchell.

Joshua Yeomas, 31, of Lewis Place, Batavia, is charged with third-degree unlicensed operation and failure to use headlights while operating with windshield wipers. Yeomas was located during an unrelated NYS Parole investigation, assisted by Batavia PD, and taken into custody on an arrest warrant stemming from an incident on April 13 on West Main Street, Batavia. He was released and is to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Bert Clifford Earl, 55, of Grandview Terrace, Batavia, is charged with harassment. He was arrested at 11:50 p.m. on May 20 following a disturbance at Batavia Downs wherein he allegedly subjected another person to unwanted physical contact. He was issued an appearance ticket and is to be in City Court on June 7. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Arick Perkins.

Lori A. Brightenfield, 56, of Maple Street, Batavia, is charged with petit larceny. She was arrested for writing a check to a business on May 18 to buy alcohol when she allegedly knew she did not have the funds to pay for it. She was issued an appearance ticket for City Court and is to be there on June 7. The case was handled by Batavia Police Officer Jamie Givens.

Carol M. Pahuta, 47, of Byron Holley Road, Byron, is charged with petit larceny. Pahuta was arrested following a larceny investigation on West Main Street in Batavia. She was issued an appearance ticket and released. She is to be in City Court to answer the charge on May 31. The case was handled by Bataiva Police Officer Kevin DeFelice.

Daniel Colin Healy, 25, of North Street, Batavia, is charged with aggravated unlicensed operation in the third degree. He was taken into custody at 1:48 p.m. on May 23 by Gates PD on an active bench warrant out of City Court for failing to appear on the charge, stemming from an incident June 27 on Vine Street in the City of Batavia. He was jailed on $250 bail and was to be in City Court Wednesday (May 25). Batavia Police Officer James DeFreze handled the case.

Mark J. Zinni, 21, of Evergreen Drive, Batavia, is charged with driving without lights and unlawful possession of marijuana. Zinni was arrested following a traffic stop on Pearl Street at 11:39 p.m. on May 21 in the City of Batavia. It is alleged that Zinni was driving without lights and that he was in possession of several small bags containing marijuana. He was released on appearance tickets and is to be in City Court on June 7. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Matthew Lutey.

Katelyn C. Kubala, 27, of Genesee Street, Batavia, is charged with unlawful possession of marijuana. She was arrested on a warrant for NYS Parole. At the time she was taken into custody, at 10:59 a.m. on May 20, she allegedly had a quantity of marijuana in her purse. She was turned over the NYS PArole Officer April Fuller at BPD and is to appear in City Court on May 31. The case was handled by Batavia Police Officer Jason Davis.

Michael W. Funke, 21, of Vine Street, Batavia, is charged with unlawful possession of marijuana. Funke was arrested following a traffic stop on Pearl Street at 11:52 p.m. on May 21 in the City of Batavia. He was a passenger in the vehicle and allegedly in possession of marijuana. He was released on an appearance ticket and is to be in City Court on June 7. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Matthew Lutey.

Julie L. Dutton, 21, of Central Avenue, Batavia, was arrested on May 23 on a bench warrant out of City Court. It is alleged that she violated the terms of her release under supervision. She was jailed on $5,000 bail and is due in City Court today. The case was handled by Batavia PoliceOfficer Christopher Lindsay.

Andrew C. Webster, 23, of Martin Road, Akron, is charged with failure to appear. At 4:05 p.m. on May 20, Batavia police took custody of Webster from NYS police on a City Court arrest warrant for failure to appear. Webster paid an undisclosed amount of bail and was released. He was to be in City Court on May 24. The case was handled by Batavia Police Officer Arick Perkins.

Brian J. Dorman, 32, of Bank Street, Batavia, is charged with owning an unlicensed dog in the City of Batavia. He was issued an appearance ticket and is to be in City Court on June 7. The case was handled by Batavia Police Officer Christopher Lindsay.

Next week Batavia to serve as film stand-in for 1940s Oklahoma

By Billie Owens

The magic of Hollywood will transform Batavia into rural Oklahoma in the 1940s when an independent film company takes over the Old County Courthouse at Main and Ellicott streets next Wednesday.

County Manager Jay Gsell told our news partner WBTA that a crew of about 35 key people affiliated with the company working on a bio-pic about the late Supreme Court Juctice Thurgood Marshall visited the city last week to work on the logistics for filming a courtroom scene on the third floor.

They included location manager Michael Nickodem, the director, lighting crew and support staff. 

They also want to film by the front steps outside the courthouse and they scouted for a second site for some outdoor shots, settling on property on Oak Orchard Road in the Town of Batavia. Gsell said it's near the recent house fire, which claimed the life of 90-year-old Roger Saile.

"Something about that location resonated," he said. "So they're also trying to make arrangments (to film there) -- not a massive onslaught, but as background. Again, we're substituting for rural Olkahoma."

It takes an incredible amount of coordination to get everything just right, and to nail down all the details. Yet the finished product will likely result in less than five minutes of Batavia footage.

Plans call for shooting all day on June 1 at the Old Courthouse, then at property on Route 98 (Oak Orchard Road) on Thursday, June 2 or Friday, June 3.

They are also filming at the old courthouse and other buildings in Downtown Buffalo.

For previous coverage on the film "Marshall," click here.

Proposal to use funds once tabbed for Vibrant Batavia for another community development project doesn't get council backing

By Howard B. Owens

A proposal by City Councilman Adam Tabelski to spend $92,000 in funds set aside for community development on community development failed to win much support from the rest of the City Council at its Monday conference meeting.

Tabelski proposed taking the money originally intended for Vibrant Batavia, which the council scuttled two weeks ago, on a recent joint city, county, school district and Genesee County Economic Development Center initiative called Pathway to Prosperity. 

BP2, as it's known, will take a portion of fees paid in PILOT programs (payment in lieu of taxes) by property owners with economic development projects and use it to help mitigate environment issues at brownfield properties in the city. The chicken-and-egg problem is BP2 has no money until the first new PILOT is approved, and the city's brownfield area properties need to clean up as projects come on line. 

Tabelski thought $92,000 might best be used to jump start some brownfield redevelopment.

Council members had other thoughts about what to do with the money, from building a spray park on the Southside, to payment toward the new police station, to just letting it sit in the general fund.

"We need to start thinking of the kids on the south side of the city," said Councilwoman Rosemary Christian. "We need something for the child. We're always thinking of things other than the children in our community. They're our future leaders who will up her someday making these decisions."

Tabelski countered that today's children will need tomorrow's jobs.

Some council members said they thought Tabelski's timing is off, that it was only a meeting ago that Vibrant Batavia was killed off and perhaps there should be more time taken before deciding what to do with the money.

"As for timing, the reason to bring this up now is that as time goes by, the default action is that nothing happens," Tabelski said. "I'm trying to address this in a timely manner."

Molino said a spray park on the Southside would likely cost more than $92,000, with planning, engineering, possible land acquisition and the purchase of equipment. Briggs and Christian promised to push for a spray park in the 2017 budget.

City will create task force to study best ways to handle local deer population

By Howard B. Owens

The City Council agreed by consent Monday night to move forward with a recommendation to create a task force to study what to do to with the local deer population.

There are no specific recommendations now, but council members agreed it's an issue the city needs to take a closer look at.

"I took a walk out there last fall and there is a swath of damage as wide as a street through the woods and meandering through people's property taking care of all their landscaping," said Council President Eugene Jankowski. "There's a path of dead vegetation all the way out to the edge of the city."

City Manager Jason Molino is expected to present a plan for creating a task force and providing it with directions on the scope and timing of its work.

Law and Order: Woman charged for leaving dog in car on hot day while at the casino

By Billie Owens

Lisa Marie Muratore, 32, of Lake Avenue, Rochester, is charged with confinement of a companion animal in a vehicle in extreme temperature. She was charged for allegedly leaving her dog in a vehicle for 45 minutes while the outside temperature was 79 degrees. This was at 5:13 p.m. on Monday, May 23, at Batavia Downs Gaming, 8315 Park Road, Batavia. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

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