batavia

Paul Ralph Avino, 46, of Ellicott Street, Batavia, is charged with: disorderly conduct; obstruction; resisting arrest; criminal impersonation of police officer in the first degree; and obstruction of governmental administration. Following a complaint at Six Flags Darien Lake at 7:31 p.m. on July 31, Avino was arrested. He was allegedly swearing in a public place; and he allegedly resisted arrest and obstructed governmental administration. He is accused of possessing a police badge and he is not a police officer. Avino was released on an appearance ticket and he is due in Darien Town Court on Sept. 3 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Morgan Ashlee Brown, 25, of Wyoming Road, Wyoming, is charged with third-degree assault. At 9:39 p.m. on July 31, Brown was arrested following the investigation of a domestic incident that occurred on July 25 on Ellicott Street Road in Pavilion. Brown was issued an appearance ticket and is due in Pavilion Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brittany M. Smith, 27, of Pringle Avenue, Batavia, is charged with second-degree harassment -- making physical threats. She was arrested at 9:26 a.m. on July 29 after allegedly threatening to assault Department of Social Services case workers during a child house visit. She was released on an appearance ticket for Batavia City Court Aug. 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Miah Stevens.

Penny B. Hargrave, 52, of Morrow Road, Pavilion, is charged with: driving while intoxicated; failure to keep right; moving from lane unsafely; leaving the scene of a motor-vehicle accident; and refusal to take a breath test. At 11:11 p.m. on July 30 on Ellicott Street Road, Pavilion, Hargrave was arrested, arraigned in Pavilion Town Court and directed to return to court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy James Stack.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with obstruction of governmental administration and illegal use of toxic vapors. Miller was arrested at 3:25 p.m. July 29 on West Main Street in Batavia. He was allegedly located huffing from an aersol can and refused commands to stop the behavior while being taken into custody. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He was due to return to court today (Aug. 1). The case was handled by Batavia Police Officer Christopher Lindsay.

Kyle L. Humphres, 33, of Rockefeller Road, Phelps, is charged with second-degree criminal contempt. On July 31 he responded to Batavia Police Department and turned himself in on a warrant stemming from an unspecified incident on Willow Street in Batavia on Feb. 22. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Felicia DeGroot.

Christian Saez, 30, of Copeland Street, Rochester, is charged with petit larceny. He was arrested at 11:46 a.m. on July 12 after allegedly attempting to steal seafood from a grocery store. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Hector M. Arroyo, 44, of Mustang Circle, Geneseo, is charged with petit larceny. At 6:36 p.m. on July 29, Arroyo was arrested on East Main Street in Batavia after allegedly shoplifting from a local business. He was jailed in lieu of $1,000 cash or $2,500 bond. He was due to return to Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Jenna Marie Lange, 36, of Mustang Circle, Geneseo, is charged with attempted petit larceny. Lange was arrested after a shoplifting incident at a store on East Main Street Road in Batavia at 6:36 p.m. on July 29. She was issued an appearance ticket and was due in Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Shawntoy L. Pryor, 33, of Stockbridge Avenue, Buffalo, is charged with trespass. The defendant was arrested after allegedly trespassing on private property at 11:50 a.m. on July 12 on East Main Street in Batavia. He responded to Batavia Police Department headquarters and was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Marc Lawrence.

The business community is invited to celebrate the 60th anniversary of the Harvester Center in Batavia, the world's first business incubator.

In partnership with Start-Up Genesee, which is the networking event coordinator, and the Genesee County Chamber of Commerce, the anniversary celebration will take place from 4 to 6 p.m. on Thursday, Aug. 15. The address is 22 Masse Place.

These organizations are thrilled to have such a unique and forward-thinking facility in our county.

Catering will be provided by D & R Depot Restaurant.

There is no cost to attend, but registration is required.

Click here to find out more and click the button on the right side of the page to register. Or call 343-2800.

Press release:

For the second year in a row, Batavia will be honored with an inductee to the New York Penn League Hall of Fame.

The 2019 class features Batavia's Gene Baker, who was not only an outstanding player and manager, but a pioneer in breaking the color barrier in Minor and Major League Baseball.

Baker will be joined in the NYPL Hall of Fame with Jane Rogers, Josiah Viera and Bernie Williams.

The purpose of the New York‐Penn League Hall of Fame is to recognize individuals for their overall accomplishments and contributions to the league, on the field of play or in an administrative role, in addition to their overall career in baseball.

“As the oldest, continuously operated Class-A league in professional baseball, the list of players, coaches, field managers, general managers, and owners reads like a Who’s Who of Baseball,” said Ben Hayes, president of the New York‐Penn League. “We are proud to induct another class of extraordinary nominees.”

The following individuals comprise the New York‐Penn League’s 2019 Hall of Fame Class:

GENE BAKER

A man of firsts, Baker played a significant role in the history of the New York-Penn League and baseball in general when he broke the managerial color barrier by becoming the first African-American manager in organized baseball when the Pittsburgh Pirates named him skipper of the Batavia club in 1961.

In 1963, he became the second black coach in the major leagues following Buck O’Neill by a half season. He can also be credited with being the first black manager in Major League Baseball when he took over for ejected Pirates Manager Danny Murtaugh on Sept. 21, 1963.

After his coaching days, Baker spent many years as a scout for the Pirates' organization. He spent eight seasons in the majors with the Cubs and Pirates and was the first African-American player to ever make the Chicago Cubs' roster in 1953.

JANE ROGERS

As the first person hired by the Staten Island Yankees in 1999, Jane Rogers has been with the club for the entirety of its 20-year history in New York City.

Originally hired as the organization’s office manager, Rogers has progressed through various roles, including that of general manager, and her current position as senior vice-president, Baseball Operations.

Her tireless efforts leading the organization, and in particular the club’s relationship with the New York Yankees, have led to strong relationships with players and front office administrators alike. Rogers’ personality, generosity and kindness have led to her holding a special place in the hearts of many present Major League superstars.

During the three months that followed the tragic events of Sept. 11, 2001, Rogers was responsible for managing Richmond County Bank Ballpark’s operations, which included a 24-hour/7-day-a-week distribution center for NYFD, NYPD and other city agencies that used the ballpark for a staging area.

Over the past two decades, she has mentored and led countless former SI Yankees employees, who have gone on to become executives throughout organized baseball. In addition, Rogers has been an important contributor to the Staten Island community and the New York-Penn League as a whole.

JOSIAH VIERA

Josiah captured the hearts of baseball fans around the country during his life, but it was in the New York-Penn League, with the State College Spikes, that his impact was most directly felt.

Josiah was born with Hutchinson-Guilford progeria, a rapid aging condition. His joyous spirit and enthusiasm was a source of inspiration for players, coaches, staff and fans. During his time as the Spikes' honorary bench coach, Josiah helped propel the club to three Pinckney Division titles and New York-Penn League championships in 2014 and 2016.

Just like all of the other coaches, Josiah gave instructions, encouraged players and exhorted them with his life’s motto, “Never Give Up.”

His presence created an unforgettable moment at the 2019 NYPL All-Star Game, held at his home field, in State College, Pa. As he made the final pitching change of the game, he left the field to a standing ovation from both teams and every fan in attendance.

Late in 2019, Josiah passed away at the age of 14. While he is greatly missed by every member of the Spikes and the New York-Penn League family, Josiah's spirit remains as a shining example of determination and perseverance in the game of baseball and the game of life.

BERNIE WILLIAMS

Williams hit .344 as a member of the 1987 Oneonta Yankees playing in 25 games before a promotion to Ft. Lauderdale, Fla. He made his Major League debut with the N.Y. Yankees on July 7, 1991 and would go on to play his entire 16-year MLB career in pinstripes. In his 16 seasons, he collected 2,336 hits, 449 doubles, 287 HR and 1,257 RBI to go along with a lifetime batting average of .297. He is a four-time World Series champion and the all-time leader in postseason RBI with 80. He also ranks second all-time in postseason HR (22), hits (128), doubles (29), total bases (223), and runs (83).

A five-time All-Star and four-time Gold Glove winner, Williams won the 1996 ALCS MVP, 2002 Silver Slugger and 1998 AL Batting Title. He joined Yankee immortals by having his number 51 retired in 2015.

The New York‐Penn League Hall of Fame was established in 2012. Inductees are nominated and voted on by New York-Penn League club officials.

Inductions are scheduled to take place on Aug. 21, during pregame ceremonies at the 2019 New York‐Penn League All‐Star Game at Richmond County Bank Ballpark, home of the Staten Island Yankees.

Last year, the late Wayne Fuller was joined in the Hall of Fame with Marvin Goldklang and Andres Galarraga.

Fuller's voice was a constant in Batavia, the birthplace of the New York-Penn League. For almost four decades Wayne served various roles for his hometown team including radio broadcaster, PA announcer and official scorer from his spot in the Batavia press box which was named the Wayne H. Fuller Press Box in 2009.

Press release:

The Tri-City ValleyCats kept J.D. Orr hitless on Tuesday night, a rain-shortened 1-0 Batavia Muckdogs win. It snapped a 10-game hitting streak for Orr.

Wednesday night, Orr made the ValleyCats pay. With one out in the ninth inning and Batavia trailing, 5-4, Orr laced a two-RBI single to left and the Muckdogs held on to win, 6-5.

It is the third straight win for the first-place Muckdogs, who are 27-18. The Muckdogs had a lot of help as the three teams chasing Batavia for first place in the New York-Penn League Pinckney Division all lost on Wednesday.

West Virginia (22-21) now trails Batavia by four games, Mahoning Vally trails by five along with State College, Pa., and Auburn. The only team to win on Wednesday in the Division was 15-29 Williamsport.

Batavia Manager Tom Lawless used five pitchers in the victory, but the last one he turned to was closer Evan Brabrand, who pitched a perfect ninth with a strikeout. Brabrand, a ninth-round draft pick of the Miami Marlins, picked up his ninth save of the season. In 11 appearances he has the nine saves, a 2-1 record and in 10.1 innings has struck out 15.

Orr, a left-handed outfielder who was drafted in the 10th round this year by the Marlins out of Wright State in Dayton, Ohio, hit third in the lineup Wednesday and went 2-for-4 with three RBIs, a run and a walk. Orr, who has 20 stolen bases on the season, is hitting .368.

Batavia had a lead in the sixth when newest Muckdog Julian Infante belted a two-run home run to left field for a 3-2 lead. C.J. Stubbs hit his fifth home run of the season in the bottom of the eighth for Tri City and Batavia was down to their last three outs.

However, Orr's single brought in Milton Smith II and Jack Strunc.

Strunc (run), catcher Andres Storms (double, run) and Rosario all had hits.

Geremy Galindez improved to 3-0 on the season with the win, as he pitched the eighth. Julio Frias started and went five innings, striking out five, allowing one walk and two runs. Brock Love, a 34th-round pick out of Alabama came in a tough situation and went 1.1 innings, pitching perfect baseball with two strikeouts. Love has a 0.00 ERA this season for the Muckdogs in five appearances and 6.2 innings.

Batavia is at Tri-City Thursday then returns home to Batavia on Friday to play the Connecticut Tigers. Check muckdogs.com for a new ticket special for Friday's game, a family four-pack of tickets is just $20. The game is at 7:05 p.m.

Press release:

The GLOW Corporate Cup is tonight starting at 6 o'clock in Centennial Park. The 5K race will be traversing through several streets in the northeast section of the city.

Temporary road closures are expected on Richmond Avenue and Ellicott Avenue, along with other streets in the northeast area. Vehicular traffic should expect delays.

If possible, vehicles should avoid the area between 5:30 - 6:30 p.m. and be cognisant of the runners, who will be using city streets.

A map of the racecourse and further information about the event can be found at http://www.glowcorporatecup.org/

A car has reportedly hit a bicyclist in the area of 8020 Bank Street Road, Batavia.

Minor injuries reported.

Town of Batavia fire dispatched along with Mercy EMS.

UPDATE 7:33 p.m. Town of Batavia fire is back in service.

Volunteers from City Church and the national outreach program Eight Days of Hope went to two homes in Batavia -- one on Warren Street, the other on Cherry -- and made numerous repairs to the structures, at no charge, for the residents. City Church identified the homeowners who could use the assistance.

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

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

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

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

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

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

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

Defense and prosecution attorneys delivered closing statements in a last attempt to persuade jurors to adopt their interpretations of the evidence from the July 24, 2018, murder of Raymond L. Morgan in his 111 Liberty St., Batavia, home.

After five days of the trial and three hours of deliberations, Richard D. Hanes was convicted of murder in the second degree this afternoon. The jury returned a unanimous guilty verdict to a suspense-filled courtroom packed with family members, legal counsel and law enforcement personnel.

Lindsay A. Clemm, 37, of Batavia, was arrested on July 28 following a traffic stop on Route 19 in the Town of Warsaw. Clemm was stopped for allegedly going 56 mph in a 30-mph zone on South Main Street near Jefferson Street in the Village of Warsaw. Multiple other traffic infractions were allegedly observed in the Town of Warsaw while Wyoming County Sheriff's deputes attempted to get Clemm's vehicle to pull over. Clemm allegedly failed field sobriety tests. Clemm's vehicle was towed from the scene and she was taken to the Sheriff's Office where she was evaluated by a drug recognition expert. She was charged with driving while ability impaired by drugs and was processed and released to a third party. She is due in Town of Warsaw Court Aug. 12. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

James K. Penders, 47, of Pavilion, was arrested July 27 following a traffic stop for a loud muffler on Route 19 in the Town of Covington. He was allegedly found to have a revoked license dated June 22, 1996 and an expired license dated March 16, 1995. He was released with appearance tickets for Covington Town Court on Aug. 12. The case was handled by Wyoming County Sheriff's Deputy Adam Hope.

Richard D. Hanes was found guilty by a jury this afternoon of second-degree murder for the killing July 24, 2018, of Ray Morgan at 111 Liberty St., Batavia.

Murder in the second degree is a Class A-1 felony and carries a possible term of life in prison.

Hanes will be sentenced at 9:30 a.m., Aug. 28.

MORE T/K

Submitted photo and press release:

The BCSD Foundation lnc.'s Board of Directors is pleased to announce Chris Dailey as a recent recipient of the BCSD Foundation Apple Award. He was nominated by Stephen Ognibene in June.

Ognibene nominated Dailey and presented him with a Foundation Apple for many reasons. First he would like to "thank Mr. Dailey for his 11 years contributing to much success in our school district." He is a leader to his staff, students, and parents who have connected with him. He has fulfilled his motto "Take Care of BCSD" in so many ways.

Dailey has been engaged in every way with our students and family members. He attended many sporting, events, Mr. Batavia, music concerts, and his worked helped achieve the number one workplace for our district. He was a Blue Zoo participant and a Blue Devil at heart. Our community is truly thankful for the years of commitment to BCSD.

About the BCSD Foundation Apple award

It is given by a member of the school and/or local community to a Batavia City School District employee or volunteer. In the opinion of those giving the honor of this distinction, the awardee has gone above and beyond in their role and is being recognized by one or more people for these accomplishments.

Local artist, Mark Jensen, will be making each individual resin apple -- none will be exactly the same. If you are interested in giving a Foundation Apple award, please submit your nomination form and $75 (payable to the BCSD Foundation Inc., 260 State St., Batavia NY 14020, att: Allison Chua). Nomination forms may be found on our webpage (at www.bataviacsd.org under Quick Links).

Community members with questions are asked to email us at foundation@bataviacsd.org.

Photo: Nominator Stephen Ognibene and awardee -- former BCSD Superintendent Chris Dailey, now superintendent of Gates Chili Central School District in Monroe County.

A key issue in the July 2018 murder of Raymond L. Morgan — and a crucial piece of evidence that could connect the perpetrator to the 111 Liberty St., Batavia, crime scene — is the description of the man who jumped out Morgan’s window after the bludgeoning attack. 

This pivotal detail caused defense attorney Frederick Rarick to motion for a trial dismissal for his client, Richard D. Hanes, three times yesterday. Rarick argued that without DNA evidence, finger or palm prints or identification of Hanes at the scene, the case is “all speculative as to who that subject is.”

District Attorney Lawrence Friedman responded that eyewitness accounts of Hanes are not needed to overcome the prosecution’s burden of proof. Judge Charles Zambito denied all three of Rarick's motions because “the People have established each and every element of the offense,” so the jury should be able to reach a verdict on Hanes's second-degree murder charge. 

Detective Sgt. Kevin Czora, the last witness called by the prosecution, questioned inconsistencies about the gray sweatpants and green shirt — similar to those of the unidentified suspect — found in Hanes’s bedroom closet at his former 5 Thorpe St., Batavia, house. 

The clothing items recovered from Hanes’s closet did not match either the descriptions given by witnesses or the clothing items shown in surveillance video footage from Southside Deli, Marchese Computer Products and a Goade Park residence.

The videos also captured a man who appeared to be Hanes biking from Liberty Street to Ellicott Street at 11:13 p.m., moments before Batavia PD received a 9-1-1 call to the scene at 11:14 p.m. Czora testified to the possibility that Hanes arrived at 111 Liberty St. unnoticed by making a U-turn on Goade Park and cutting behind the house. 

Rarick called witnesses Michael Elmore, Danielle Case and Bonnie Cortright to attest to their recollections of the man who fled the scene. Elmore said his statement to police was mistakenly based on the premise that the individual who jumped out the window was Morgan. 

“I gave [Batavia PD] a description that resembled Ray Morgan,” Case also told jurors. 

Rebuttal testimony from detectives Matthew Wojtaszczyk and Thad Mart offered evidence against Case and Cortright. The detectives said the suspect was bald and wore sandals despite the women’s claims that the individual had short dark hair and wore sneakers. 

The jury must sort through these contradictory descriptions starting today in Genesee County Court. Jurors will hear closing arguments and elements of the second-degree murder charge before entering verdict deliberations. Hanes can be sentenced to life in prison if convicted.

An open burn in the city is reported at 130 Pearl St. City fire and law enforcement are responding. The location is between Roosevelt Avenue and Brooklyn Avenue.