batavia

I thought this was an attractive scene as I walked from the County Courthouse this evening.

Shane Bell, accused of felony assault against a fellow patron of the The Harvester on Aug. 25, was found not guilty by a Genesee County jury.

The jury deliberated for about two hours this afternoon.

Bell admitted to hitting Scott Baker once. Baker suffered a serious head injury and was in a coma for a period of time and remains in a nursing home seven months later.

Though District Attorney Lawrence Friedman did speak with the jury briefly after the verdict, he said they didn't discuss the specifics of why they found Bell not guilty. It could have been the justification (self) defense or it could have been they didn't think Bell had the intent when he hit Baker to cause serious physical injury.

"Needless to say disappointed," Friedman said. "I believed in this case. It was certainly my belief that the defendant committed this crime. Obviously, I have to accept and respect the verdict of the jury."

William Tedford, who defended Bell out of the Public Defender's Office, said he felt they had a strong justification case.

"I think there were a lot of issues, but if you focus on the justification issue, even though you have other issues, and come to some kind of consensus on that -- not that it makes the other issues moot -- it does expedite the discussion some," Tedford said.

Tedford said it was also always part of the defense's case that the level of intoxication for Baker contributed to the outcome of the incident.

"I also think we presented enough evidence that my client lacked the intent, with only one punch, to cause serious physical harm," Tedford said. "It was highly unforeseeable that would cause the extent of the harm it did, and I think the jury realized that."

Friedman said he did find out from the jury that they found the video evidence presented very useful.

The video, recorded with audio, showed Bell minutes after the confrontation and captured most of his statements to police. The jury also saw video of Bell being interviewed at the police station, and though Bell sometimes contradicted himself on details, he repeatedly said he didn't think he hit Baker all that hard.

Friedman argued in his closing remarks that the video showed a man trying to cover his tracks, but neglecting to mention a key element of the justification defense -- that he felt threatened.

Regardless of the outcome, I think it's a very valuable tool," Friedman said. "As I said to them (the jury), for one thing, it's so much more helpful than just having the cold words written down. To see the person and how they're acting and what they're saying and how they're saying things. When they take a written statement from somebody, obviously, they don't take down everything they say. It's not really practical. It is helpful. I was glad to have it. Despite the outcome, I still think it was a good thing to have."

In his close, Tedford put much of the blame for the incident on Baker. Asked if he had anything to say to the family, Tedford answered, "Mr. Bell and I are both very sympathetic to his injuries and of course we're very apologetic for what he and the family are going through. I know Mr. Bell and I both strongly believe and agree with the verdict, but his injuries are extremely unfortunate and we've very apologetic."

Tedford said his client, who has been in jail for seven months, was thrilled with the verdict.

"I think he's excited to get home and see his dog and have a home-cooked meal," Tedford said.

The first thing District Attorney Lawrence Friedman told the jurors when he stepped up to offer his closing arguments in the Shane Bell felony assault case is that there is at least one thing he and defense attorney William Tedford agree on.

And that is what the jurors must decide during their deliberations, which started this afternoon.

First, did Shane Bell cause serious physical injury to Scott Baker the night of Aug. 25 outside The Harvester bar on Harvester Avenue, Batavia. Second, did Bell intend to cause serious physical injury to Baker. Three, was Bell justified in hitting Baker because he felt Baker posed a threat.

And that is pretty much all Tedford and Friedman agree on. Their closing arguments offered up differing interpretations on every aspect of the case.

On the question of the seriousness of the injuries, Tedford questioned whether it was Bell's punch that caused Baker to go into a coma. 

He said Dr. Gregory T. Bennett testified that he "couldn't tell you which injury caused the coma. Was it the back of the head, the front? He couldn't tell you for sure if it was both. That, ladies and gentleman is reasonable doubt."

Friedman took a different view, first citing the anticipated jury instructions that the law would require them to find that Bell's actions were a contributory cause, an action that forged a link, brought about the injury or set in motion a chain of events that caused the injury.

A defense witness, Friedman noted, Curtis Gallagher, said that Bell threw a strong, straight jab with a follow through. Recorded evidence presented at trial showed Bell offering contradictory statements about how he hit Baker. Sometimes he said he used a fist, sometimes he said it was an open-handed slap.

Baker suffered a facial fracture and broken nose. 

When he was hit, according to the testimony of both Gallagher and his girlfriend, Joslyn Hyland, who was called by the prosecution, he fell straight back, straight as a board, hitting his head on the pavement.

The straight, hard jab is more likely the truth of how Bell hit Baker, Friedman said.

"He hit him hard enough to cause serious, traumatic brain injury," Friedman said.

The only intent Shane Bell had the night of Aug. 25, Tedford said, was to find his keys and leave the Harvester.

He had seen Baker dancing with his girlfriend, and told police it didn't bother him. Baker had tried to pick a fight with him, Tedford said, and Bell ignored him. Baker threatened him, Tedford said, and Bell did nothing.

"Baker threatens him first," Tedford said. "He became the initial aggressor."

It was only after all of this, when Bell was trying to leave, and Baker followed him across the street and grabbed him, did Bell turn and hit Baker.

Tedford recounted a statement Bell made to police.

"I don't know what Scott Baker is going to do. I don't know him that well. I just wanted to get out of there. I didn't mean to knock him out. I hope he's OK."

Bell's actions after he hit Baker, Tedford said, shows a man with no intent to seriously injure anybody. Bell, he said, moved Baker out of harm's way, out of the darkened roadway, and onto grass. He tried to revive him. He was nothing but cooperative with police.

"It was Scott Baker's choice to go across the street," Tedford said. "Per what Mr. Friedman told you during jury selection, people should be accountable and responsible for their own choices." 

Witnesses said Bell told Baker, "You better be coming over here to smoke a bowl with me or you're going to get knocked out."

That wasn't a threat, Tedford said, it's the way the kind of people who frequent The Harvester would try to defuse a situation.

"That is a warning to the initial aggressor," Tedford said. "If you continue to put me in this situation, if you continue to threaten me, if you continue to follow me across the street, I'm going to be left with no other alternative except to defend myself."

Friedman had a very different take on the statement. 

That statement was made twice, Friedman said. First, as an invitation to actually smoke some marijuana and then followed by the threat of hitting Baker if he had any other intention than smoking a bowl.

"It was an attempt to lure Baker across the street, away from the people who were with him in order to knock him out," Friedman said.

Friedman took issue with the defense contention that Baker posed a threat to Bell.

"They portray him as a bumbling drunk at the same time they want you to believe that this same Scott Baker posed a serious threat to Shane Bell that night," Freidman said.

Friedman recalled statements by Bell to police such as, "I wasn't in a mood to play," and about his experience with kickboxing and that he's "f--'d people up" in the past.

"When the defendant punched Scott Baker the way he did, he knew the nature of the consequences of that punch, and that exactly what he knew would happen did happen," Friedman said. "Scott Baker suffered a serious physical injury just as the defendant intended."

All of the evidence, Tedford said, points to his client being justified in hitting Baker. Baker had taunted him, threatened him, danced with his wife and tried to follow him to his car.

Once that evidence has been established, Tedford said, it's up to the prosecution to prove a self-defense justification doesn't exist, and Tedford said he didn't believe the people had made that case.

If Baker threatened Bell, Friedman said, why did Bell not once mention the threats to police during the taped interviews.

"He never once said he heard Scott Baker say a word about a knife," Friedman said. "He never said he heard Scott Baker say anything about murdering him, stabbing him, kicking his ass. Don't you think that's one thing, if he was thinking about saving his own skin, he would have told police?"

If he didn't hear those threats, Friedman said, then how are they relevant to a self-defense claim? If he did hear them and didn't mention them, then he must have taken them as empty threats, not as something he felt he needed to defend himself against. 

"I would submit to you that by the defendant's own words you hear on those recordings, he clearly was not afraid of Scott Baker," Friedman said. 

The defense, Friedman said, contends that Baker could have walked away, well, so could have Shane Bell. But he didn't. If he felt threatened, he could have called the police. But he didn't. 

"Of course he didn't, because there was no real threat," Friedman said.

Bell was angry, Friedman said. He was angry because he couldn't find his keys. He was angry because Baker had danced with his girlfriend. He was angry because his girlfriend had left. And he took it out on Baker, Friedman said.

"Baker is the person who suffered the consequences of the defendant's pent-up anger," Friedman said. 

He was still angry, Friedman said, when he saw Gallagher and Hyland sitting in a nearby truck and he walked up to them and said, "Someone took my keys. They are f--king with me. You didn't see shit."  

That, Friedman said, was the statement of a man with a guilty conscious, who knew he had done wrong, who knew he had intentionally hit another person hard enough to knock him out.

"He knew he was wrong. He knew he wasn't justified. He knew he didn't want any witnesses."

The case is now in the hands of the jury.

Previously:

• Doctor testifies in Bell case that victim's coma result of traumatic brain injury
• Right-handed Bell says southpaw punch shows he didn't mean to inflict serious damage
• Man accused of assault outside The Harvester told police he didn't hit victim as hard as he could

A security guard at College Village has been arrested by State Police for allegedly entering apartments and stealing undergarments and swimsuits.

Matthew P. Lenhard, 28, of Corfu, has been charged with six counts of burglary, 2nd, a Class C felony, and one count of criminal possession of stolen property, 5th.

The NYSP criminal investigation unit took up the case after receiving a complaint through Immigration and Customs Enforcement.

State Police say several pieces of garments were recovered at Lenhard's residence in Corfu.

The press release contains the following statement attributed to the director of College Village: "We are assuring students that safety is our top priority. We are encouraging students to bring any concerns they might have to members of our staff, or to discuss safety issues with our staff."

Lenhard was arraigned in Batavia Town Court and released under supervision of Genesee Justice.

Joe Gerace will always have a warm place in his heart for Ralph Wilson, the founding owner of the Buffalo Bills who died yesterday at age 95.

One of Gerace's most memorable moments as a Bills fan was a trip to Cleveland for a Bills vs. Browns game in 2007. There was a reception the night before the game and Wilson was there.

Gerace said he walked up to Wilson and put his arm around him and asked, "Mr. Wilson, can I get my picture taken with you?"

Wilson agreed readily, and then chatted with Gerace a bit and asked him where he was from.  Wilson then invited Robert Royal and Trent Edwards over for pictures with Gerace.

A few seasons later, Gerace was at a game in Buffalo and he saw Wilson riding on a golf cart through a tunnel.

"He hollers to me, "'Hey, Batavia!' That made me feel good. He was a nice man. They can say what the want to say want about Mr. Wilson, but he was a down-to-earth gentleman."

He added, "He did a lot of good for Buffalo and the community and it's a big loss."

Batavia got hit by a short but heavy snowstorm about midday that left about a quarter inch of snow on the ground.

View on Jackson Street.

Perhaps, this is the last winter storm.

Scott Baker was hit hard enough the night of Aug. 25 that he suffered fractured bones in his face and a broken nose, a doctor testified today in the trial of Shane Bell in Genesee County Court.

Baker also hit his head on the pavement, which caused a small amount of bleeding in his brain.

The two traumas must be taken together said Dr. Gregory T. Bennett, clinical director of ECMC Neurology, as the cause of Baker's subsequent coma.

"We know it's all linked," Bennett said. "It's shock waves that go through the tissue."

When Baker arrived at ECMC, after being initially treated at UMMC, both hemispheres of his brain were "silent," Bennett said. "That is what causes a coma."

Bell is charged with felony assault. The jury is being asked to determine whether Bell intended to cause serious physical injury to Baker during an altercation outside the The Harvester bar on Harvester Avenue.

The 51-year-old Baker remains in nursing home care seven months after the incident. Bennett said it is impossible to predict whether he will ever recover. As a person over 30 years old, his chances of recovery from significant brain trauma are much less than it would be for a child.

"There is a significant risk that a person who is in a deep coma will never recover," Bennett said.

For the first week after the injury, there is significant risk of death, Bennett said.

When Baker was first admitted in the emergency room at UMMC, there was almost enough alcohol in his system to cause a coma. The level was 282 parts per deciliter. A person could potentially be in a coma at 300 parts per deciliter. A level between 150 and 250 could cause lethargy.

While Bennett said he didn't see the UMMC report when Baker was admitted to the trauma unit at ECMC, he said doctors knew he had been in a fight at night outside a bar, so it was assumed he had been drinking.

Since there's a risk associated with a brain pressure monitor, Bennett said doctors won't start the monitor on a person with a head injury who may have been drinking. Bennett said he decided to observe Baker for six hours to see if he would come out of the coma on his own before attaching the monitor.

Baker was still in a coma after an hour, so the monitor was attached.

There was no surgery that could be performed to deal with the brain trauma, Bennett said. His facial fracture was "non-displaced," meaning the bone would heal on its own without surgery. The broken nose did not require surgery, but splits were used to align the cartilage so it would heal correctly.

Bennett, during cross-examination, testified about the damage alcohol can do to the human brain.

"It's never therapeutic," Bennett said.

Even red wine's benefits for heart health is so minimal, that he never recommends it for a person with any level of heart disease. There are medications that are hundreds of times more effective in care.

Any amount of alcohol consumption over time cause damage to brain tissue. It causes atrophy.

A person who has brain atrophy from alcohol has even less of a chance of recovery from brain trauma, Bennett said.

Baker had no brain atrophy, Bennett said.

After Bennett's testimony, District Attorney Lawrence Friedman said the prosecution rests its case.

With the jury out of the room, defense attorney William Tedford made a motion to dismiss the case, saying that the people had failed to prove Bell intended to cause serious physical injury to Baker and that there is sufficient evidence that Bell reacted in self defense when he hit Baker.

Friedman disagreed with both assertions.

"Mr. Tedford has just given his summation," Friedman said. "Those are issues for the jury to decide."

Judge Tom Moran, substituting for Robert Noonan, who is hearing a case in Monroe County, said he would reserve his decision.

The morning testimony came from defense witness Robert Tedford, a City of Batavia firefighter and medic, who treated Baker at the scene and rode in the ambulance with him to UMMC.

Robert Tedford is the older brother of attorney William Tedford.

Robert Tedford testified that when he arrived on scene, a black male was cradling Baker, crying, and saying, "I can't believe they did this to you. Hold on. Don't go to the light."

The man delayed the attempt by medics to begin treatment on Baker.

Robert Tedford testified that there was an odor of alcohol around Baker, which was particularly pronounced inside the ambulance. He also testified that just smelling an alcoholic beverage gives him no indication how much alcohol the patient might have consumed.

The second defense witness was Curtis Gallagher, who initially testified that Baker "tried to grab" Bell and that he touched Baker. Under cross-examination by Friedman, he admitted that in previous statements, he did not mention seeing, with certainty, Baker touch Bell.

"I couldn't tell if he touched him on his shoulder," Gallagher said. "He put his hands up like he was going to."

He also confirmed prior testimony that when Bell started to cross the street, he told Baker, "You better be coming over here to smoke a bowl with me or you're going to get knocked out."

During his direct testimony, Gallagher only said, "You better be coming over here to smoke a bowl," and tried to testify that he believed Bell was implying consequences if that wasn't the case.

More than once, Judge Moran needed to remind Gallagher not to inject his opinion into his testimony.

Gallagher initially testified that he heard Baker say he had a knife and was going to stab Bell, but under cross, Gallagher said he only heard Baker say he had a knife at home and that he would go get it.

During cross, Friedman asked numerous questions about Gallagher's prior criminal record, which includes two felony convictions for the sale of drugs.

After Gallagher's testimony, the defense rested.

Atfter the jury left the court room, the attorneys and the judge discussed jury instructions. Friedman argued that there wasn't sufficient evidence presented for the jury to be instructed on justification (self-defense). Tedford argued that it's a low standard for the defense and that the evidence should be considered in the light most favorable to the defense. Moran agreed with Tedford.

The attorneys will present closing arguments after lunch.

Bluish smoke is coming from the back of a tractor that is in the westbound lane of the Thruway in the area of mile marker 393.

The trailer is hauling gasoline.

Town of Batavia fire dispatched.

UPDATE 7:36 a.m.: A chief is in the area. "Unfounded so far."

UPDATE 7:41 a.m.: The chief located the truck and spoke with the driver. The driver had checked it out. There was no heat nor fire, just a little smoke coming from the axle.

The videotaped police interview of defendant Shane Bell resumed after today's lunch break in his trial for alleged second-degree felony assault outside The Harvester bar around 9 p.m. in August.

The victim, 51-year-old Scott Baker, remains in the Genesee County Nursing Home since his release from Erie County Medical Center's Intensive Care Unit in which he was comatose for a couple of months.

The crux of the case is whether Bell intended to harm Baker as seriously as he did when the right-hander gave him a single southpaw punch to the temple. If he had wanted to inflict serious injury, he would have used his right hand, Bell told police.

In the videotape with Det. Pat Corona, Bell appears cooperative as he speaks in a somewhat herky-jerky fashion, with a gravelly voice, his English peppered with expletives.

When asked "What did Scott Baker do?" The answer is simply "He wanted to fight."

Bell left the bar to look for his lost car keys and says "I'm walking forward. He brushed me. Second touch -- that was it. I didn't know if he had a knife ... or what."

The interviewer and interviewee examine the latter's hands and arms for scratches and blood.

"Were you angry?" Corona asks.

"No. ... He had the balls to get up and I'm a quarter way across the room and he chest bumps me. Thought maybe it was a drunk bump, but then he followed me across the street," Bell says, finishing the statement with a slight shrug.

After the blow -- which caused the victim to buckle and fall, striking his head on the pavement -- Bell says "I tried to help him. That's why there's blood on my pants. I picked his head up (makes a cradling gesture). Made sure he was breathing. ... He went into shock is what it was."

When questioned about his familiarity with Baker, Bell says "I knew who he was" and that he ran into him maybe five times a year.

In the moments before the altercation, he said he thought "Somebody's fuckin' with me. ... He's playin' like he's gonna kick my ass -- walkin' across the street to me. Maybe I shoulda let him knock me down -- but at the time you don't think like that."

The clock in the police office reads 12:59 a.m. at the conclusion of the interview.

After the video ended, Bell's attorney, Billy Tedford, cross-examined Corona and asked if he had been to the scene prior to the interview ("yes") and if he saw Baker there ("no"). Baker had been transported to the hospital by then. Corona testified that he only spoke with other law enforcement personnel at the scene.

Bell's attorney elicited that Bell had already been given his Miranda warnings; he did not ask for an attorney; he spoke freely and was cooperative at police headquarters.

The People subsequently called Diane Baker, Scott's mother, to testify.

Under questioning from District Attorney Lawrence Friedman, she told the jurors that she first visited her seriously injured son two days after the incident and he was in a coma. She said she continued to visit him twice a week and that he came out of the coma in October and was transferred to the nursing home where he remains, hooked up to a feeding tube. She said that at no point has she been able to communicate with her son about the night in question.

She was not cross-examined.

The jury was dismissed early. The case resumes at 9:15 Wednesday morning and the doctor who treated Baker is slated to testify.

Previously: Man accused of assault outside The Harvester told police he didn't hit victim as hard as he could

After the Batavia City Schools entry into a NYS Lottery contest was disqualified, a group of parents were sharing their disappointment on Facebook when some suggested maybe there should be a local fundraiser for the music department.

Allison Chua said, "I can do that."

She's set up a fundraising page at First Giving.

While the page shows no funds raised yet, Chua said she has received $300 in checks and some parents have said they will donate when they get back from Spring Break vacation.

The NYS Lottery contest involved schools making a video of students singing "Thank You for Being a Friend." 

Students were very upset, Chua said, when the lottery disqualified their video after it had already been selected as a finalist and was leading, by a slim margin, in votes.

"This is a way for us to show them we do appreciate what they do," Chua said.

The grand prize for the contest was $10,000, but Chua said the parents are setting a modest goal of $2,500 for their fundraiser, which is equivalent to the third place prize in the contest.

To donate, visit the First Giving Web page. To donate by check, mail your check to Batavia City Schools Parent-Teacher Coalition, attention Allison Chua, 260 State St., Batavia, NY 14020. All donations will go to the music programs of the school district.

Information from Holly Eschberger:

The Firland Flyers, a Mite Level travel hockey team out of Batavia, NY, took to the road last weekend to play in the 2014 Mullins Mite Madness Tournament in Amherst, Mass., on the uMass campus! The Firland Flyers, the only NY team in the tournament, faced teams from Massachusetts, Connecticut and Vermont and took 3rd place overall. Earlier this year, The Firland Flyers took 1st place at the Lakeshore Tournament in Greece and placed 3rd in their division at The Pepsi Tournament in Buffalo.

The 2013/2014 season was the inaugural year for The Flyers and the 2014 Mullins Mite Madness Tourney was their last outing as a team. Some of the players will move on to play at the Squirt level; others will continue to play as Mites.

The Flyers team is led by Coach Kevin Hamilton, Coach Fred Hamilton, Coach Dan Hudson and Assistant Coaches Jeff Whitcombe, Ryan Whitcombe and Joe Eschberger, managed by Bob Johnson.

The Firland Flyers Team is made up of 7- and 8-year-olds from Alexander, Batavia, Le Roy, Oakfield and Pavilion. Congratulations to Bronx Buchholz, Mason Cook, Chase Cummings, Joe DiRisio, Will Eschberger, Cooper Hamilton, Ryan Hamilton, Noah Hudson, Alex Johnson, Jameson Motyka, Greg Narburgh, Brennan Pederson, Mac Wormley and Noah Whitcombe on a successful, memorable and FUN season!

The man accused of assault outside The Harvester told police he didn't hit victim as hard as he could.

In statements captured on a police officer's body camera, a man accused of assaulting a fellow bar patron describes being badgered and bothered by the man he later hit.

Shane Bell doesn't deny hitting Scott Baker the night of Aug. 25 outside the Harvester bar on Harvester Avenue, Batavia. At issue in the trial is whether Bell intended to seriously injure Baker.

Bell is charged with assault in the second degree, a Class D felony, which means the defendant intended to cause serious physical injury.

Baker was apparently struck by Bell and fell to the ground, hitting his head on pavement. He was in a coma for a period of time following the incident.

According to Bell's statements captured on the officer's recording, Baker repeatedly pestered Bell and danced some, even closely, with his wife, though Bell said that didn't bother him.

"He just came up to me like a barfly three times and I just gave him a hug," Bell is recorded saying.

Bell also admits to being upset because he believed somebody had stolen his keys from the bar at The Harvester, which was hosting an annual party that day and a lot of people had been at there throughout the day.

Officer Arick Perkins -- then with Batavia PD, now with the Livingston County Sheriff's Office -- was wearing a police department issued body camera when he arrived on scene after the alleged assault was reported. He used it to record some of his initial conversation with Bell.

Bell admits to hitting him, but said he didn't think he hit him hard enough to hurt him seriously.

"I bitch-slapped him," he says at one point, and "I hit him so f---ing soft, it isn't even funny." He also says, "I hit him half-medium."

Later at the police station, Bell brags about being a kickboxer for 16 years and says he could have seriously hurt Baker if he wanted. He claims to have hit Baker with his left hand rather than his right, saying he was right-handed. The camera captures Bell showing his left fist to Perkins.

"Believe me if I wanted to have taken him out earlier, I could have taken him out earlier," Bell tells Perkins.

According to Jolyn Hyland, the first witness called in the trial, Bell came out of the bar shortly after she and her boyfriend pulled up to the parking lot driveway just south of the bar. Hyland said from the passenger side of the vehicle, she was able to observe what happened and hear some of the conversation.

When Bell came out of the bar, Baker, she said, mumbled something Bell.

Bell responded, she said, saying "I'm looking for my keys. You better not f--- with me."

Baker, she said, then threatened Bell, saying he had a knife at home and that he would go home and get it.

Bell, she said, walked across the street and Baker followed.

In the recording, Bell said Baker grabbed his shoulder and he turned around and hit Baker.

Hyland said Bell hit Baker in the face and followed through with the swing of the punch. She said it looked like Bell hit Baker hard and fast.

She heard Baker's head hit the pavement with a crack.

She said she saw a white car heading southbound on Harvester and at that point, Bell grabbed Baker by his legs, she said, and dragged him onto the grass next to the sidewalk.

She said Bell tapped Baker on the face several times, saying, "Wake up. Wake up. It was just one punch."

In the videotape, Bell -- who said he had medic training in the Marines -- said he took Baker's pulse and that it was 85.

When Perkins arrived outside the Harvester, he said he found Baker lying on the ground and observed blood above his right eye.

Det. Pat Corona was called to the scene. In his testimony before the lunch break, District Attorney Lawrence Friedman displayed a number of crime scene photos, including photos of blood on the pavement and on the grass, that Corona authenticated.

The jury was also shown a photo of Baker in the hospital, in intensive care, with a swollen and bruised face.

Friedman then showed a video made at the police station of Bell giving a statement to Corona.

Bell repeats several times that he didn't hit Baker hard. He demonstrates once or twice how he used the back of his open left hand as part of a turning, sweeping motion, and once demonstrates hitting Baker with a closed fist.

Bell's statements are disjointed and he says a number of times that the whole incident isn't really clear in his own mind as to what happened.

At one point, he pulls the back of his tank top shirt to show how Baker grabbed him before he turned around and struck Baker.

Corona will still be on the stand, and there's more of the interview recording for the jury to view, after the lunch break. Billie Owens will post a story about the afternoon of the trial later tonight.

Attica and Byron-Bergen won semifinal rounds of the mock trial competition held in Wyoming County Court, in Warsaw, on Monday night.

All four teams were 1-1.  Here's the point totals:

Attica - 120 points
Byron-Bergen – 119 points
Batavia – 113 points
Pembroke - 112 points

The finals are tomorrow, 5 p.m., in the Genesee County Courthouse.

To purchase prints, click here.

Via WBTA:

Tensions are rising over a proposed Seneca Casino in Henrietta.

The law firm for Rochester developer David Flaum -- who’s working with the Senecas to explore a Las Vegas-style casino in Henrietta -- has written a letter to Western Regional Off-Track Betting threatening legal action.

It’s over the complaint filed by WROTB to the state ethics board over alleged illegal lobbying activities. The complaint seeks exploration of potential violations of the state’s lobbying law between the Seneca Gaming Corporation/Seneca Nation and Flaum. Batavia Downs CEO Michael Nolan told WBTA at the time of the filing that “evidence exists to support the conclusion that Mr. Flaum and Flaum Rochester have been acting as unregistered lobbyists and have accepted a contingent-based employment from the Nation.

Also some evidence exists to support that the Nation and the Seneca Gaming Corporation are considered lobbying clients of Mr. Flaum and Flaum Rochester and have failed to submit required semiannual reports.”

The developer’s attorney called the complaint “fabricated” and that if it wasn’t dropped, they would sue OTB.

OTB officials say it’s well within their right to seek an opinion from the ethics panel.

“We just submitted the complaint to JCOPE, which is a state commission that’s tasked with interpreting if a contract of this type falls within the ethics law,” OTB President and CEO Michael Kane said. “That’s all we’ve done.”

Multiple municipalities and politicians have voiced their opposition to the casino, saying it would have negative effects on Batavia Downs and the area.

The Senecas purchased 32 acres of land in the Town of Henrietta earlier this month.

City firefighters were at Dewitt Recreation Area today for a round of ice and cold water rescue training.

Lt. Bob Fix, a certified ice and cold water rescue instructor, conducted the class.

The purpose of the course is to provide fire personnel with the skills and knowledge required to safely and effectively respond to incidents on our through ice.

There are 325 acres of open water within city limits. The Tonawanda Creek runs for 2.79 miles through the city.

Upon completion of the training, participants will be certified in ice rescue awareness, operations and technician levels for three years.

A seagull was more interested in the open water as a possible fishing hole than rescue training.

Bruce Jeramie Brade, 33, of Galloway Road, Batavia, is charged with grand larceny, 3rd, and seven counts of forgery, 2nd. Brade allegedly stole checks from his grandmother over the course of several months in 2013 while he was living with her. The value of the checks allegedly totaled $3,680. Brade was jailed on $15,000 bail.

Landon Wayne Carroll, 32, of Buell Street, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding and aggravated unlicensed operation, 2nd. Carroll was stopped at 12:32 a.m. Saturday on Oak Street, Batavia, by Officer Chad Richards.

Samantha L .Tennity, 19, of Hall Street, Batavia, was arrested on a City Court Warrant. No further details released. Tennity was reported by the Sheriff's Office, also, as being arrested on a bench warrant from Town of Batavia Court. She was jailed on $1,000 bail or $2,000 bond.

Tiffany M. Neal, 22, of 115 State St., upper, Batavia, is charged with endangering the welfare of a child. Police responded to a call for assistance at Neal's residence and allegedly found Neal and her 1-year-old child living in "deplorable conditions." Neal was issued an appearance ticket. DSS assisted in the investigation.

Joshua L. Baltz, 37, of Old Meadow Lane, Batavia, is charged with petit larceny. Baltz is accused of shoplifting from Kwik Fill.

Lauralee Pacer, 28, of Jackson Street, Batavia, is charged with aggravated harassment. Pacer allegedly sent a man she knew 75 "unwanted and annoying text messages that served no legitimate purpose."

Samantha A. Bowles, 24, of East Main Street, Le Roy, was arrested on a bench warrant for alleged failure to pay a fine from a previous conviction on disorderly conduct. Bowles was jailed on $200 bail.

Joey Aaron Evans, 23, of State Street, Batavia, was arrested on a bench warrant for alleged failure to comply with drug court. Evans was jailed on $100,000 bail.

Chiyannon J. Bundy, 26, of Main Street, Le Roy, was arrested on a bench warrant for alleged failure to appear. Bundy was jailed on $200 bail.

Kyle Robert Washington, 24, of South Lake Road, Pavilion, is charged with unlawful possession of marijuana, public appearance under the influence of a narcotic or drug, and drinking alcohol in a motor vehicle on a public highway. Washington was arrested at 11:59 p.m. Saturday at 572 E. Main St., Batavia, by Deputy Joseph Corona.

Tracy Lee Moore, 47, of Asbury Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and failure to keep right. Moore was stopped 2:08 a.m. Sunday on Oak Orchard Road, Batavia, by Deputy Joseph Corona.

Dalton Allan Long, 19, of West Main Street, Caledonia, is charged with criminal possession of stolen property, 5th. Long is accused of possessing property that was reported stolen in Oakfield in September 2013.

Jeffrey L. Smith, 44, of Vinton Road, Irondequoit, is charged with petit larceny and criminal possession of stolen property, 5th. Smith is accused of stealing merchandise from Walmart. Smith reportedly left in a vehicle and was located later, allegedly in possession of stolen property.

Michael Francis Hurley, 42, of Marine Drive, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and insufficient headlamps. Hurley was stopped at 1:22 a.m. Tuesday on West Main Street, Batavia, by Deputy James Diehl.

The Sauer family of Clarence has a very sick 4-year-old son who is battling an extremely rare form of brain cancer -- Stage IV glioblastoma.

Ben started getting headaches in January and after multiple doctor visits, an aggressive tumor was found. Despite strong chemotherapy and radiation, his tumor has tripled in size in the past three weeks.

Yet in the face of this grim development, a legion of supporters has sprung up. Their outreach campaign to help the stricken child has garnered media attention and captured the hearts of many Western New Yorkers.

Two of those supporters happen to be InSource Healthcare Solutions President and CEO Mark Celmer and Batavia resident Melissa Mortimer-Marsocci, the firm's chief operating officer.

Mark attends the same church as the Sauers. When he told Melissa about the family's plight, she decided to do something to help and is offering blue T-shirts for sale through Insource to offset the boy's medical expenses.

“This story about Ben touched my and Mark's hearts for a number of reasons, however, a couple of them touched home personally," Mortimer-Marsocci said. "One, I am the mother of a 4-year-old, and could not imagine facing such horrifying circumstances with the possibility of my son dying. The other piece is that both Mark and I are Christians, strongly rooted in our faith, like Mindy, Ben's mom. Mindy's faith is beyond the definition of amazing.”

Her heart-wrenching blog about her family's journey was the catalyst for a campaign dubbed blue4ben (blue4ben.com). Aptly named because that is his favorite color and it is also the one his parents typically dress him in to distinguish him from his identical twin brother, Jack.

Subsequently, Web sites, Facebook pages and fundraisers have been launched.

Insource will be collecting orders for T-shirts to benefit Ben until March 28 and 10 days later, the shirts will be available for pick up at the Batavia Urgent Care Center.

They have already received a large order from Johnson Automotive, and order forms went out to students at St. Joseph's School as well.

“A few years ago, our community lost a young boy to the battle of cancer, Michael Napoleone. As a community, we know how that feels, and what an opportunity for us to pull together in prayer and support, in hopes of a miracle for Ben,” Mortimer-Marsocci said. “Help us turn Genesee County blue for Ben.”

The Genesee County Baseball Club hosted its annual Hot Stove Dinner last night at the Clarion Hotel. The event featured a silent auction and a live auction. K-9 Destro with Deputy Chis Erion also made a guest appearance.

The Batavia Muckdogs first home game is at 7 p.m., June 14.

In middle school, Spencer Hubbard was bullied. Today, you can call him Mr. Batavia.

The Batavia High School senior won the title Friday night during its second annual Mr. Batavia competition.

When Hubbard's name was announced as the winner, a packed auditorium of high school students, parents and faculty let out a robust cheer and round of applause.

"It shows how far we've come as people that a gay student can become Mr. Batavia," Hubbard said during his acceptance speech.

Hubbard was tops in a field of 10 in a competition that included lip syncing, a talent contest, a Q&A and a tuxedo walk. Five judges from the community awarded points to the contestants and a committee tallied up the points to pick the winner.

More than $2,200 was raised for the winner's charity. In this case, Hubbard picked Habitat for Humanity.

"I feel like it's a basic need, that people need homes," Hubbard said. "A lot of people are homeless who don't deserve to be. They really need that help."

Hubbard is planning to attend the University of Tampa on a $25,000 scholarship. He will major in journalism.

BHS Principle Scott Williams praised Hubbard as a bright student and talented actor.
As part of the competition, Hubbard performed a self-written satire of a Target clerk that had more funny lines than a Saturday Night Live skit. 

Hubbard said he thinks his acting talent and his self confidence, especially during the swimsuit competition and lip syncing, is what helped sway the judges in his favor.

Last year, Lee Johnson won the contest, in its first year, and Johnson returned Friday night to entertain the crowd while the judges' ballots were tallied. It was a regular stand-up routine, but as he began to run out of material, Williams stepped in to help entertain the crown, including setting up an Ellen-like, Academy Awards selfie.

Competing this year were Adam Weaver, Charlie Williams, Blake Carter, Jake Paine, Tim Martin, Mathew Gabriele, Kenny McMaster, Casey Grice and Michael DiBaccco.

During his acceptance speech, Hubbard praised his fellow competitors and thanked them for being so supportive of each other throughout preparations for the show.

The fact that Johnson is so different from Hubbard, Hubbard said, shows the competition is valuable to the community.

"It shows different people can win," Hubbard said. "Last year Lee won, and he's really different from me. He runs in a different crowd. He was straight and I'm gay, and that was probably a really big thing, too. I said that in my speech as well. It shows how far we've come as people."

A lot has changed for Hubbard, he said, from middle school to his senior year.

"The award means a lot because in middle school I was bullied and now, look how far I can come," Hubbard said. "I think the big thing was I was just myself when I got to high school. I didn't really care what people thought. I didn't try hard to impress people."

Hubbard being congradulated by his fellow contestants.

Mike DiBacco sings Frank Sinatra's, "I've Got the World on a String."

Hubbard performing his sketch, a satire of a clerk from Target.

Sydney Loria, Ashlee Yasses and Haley Case were hostesses for the competition.

Matt Gabriele at the front of the stage during the tux walk.

Lee Johnson, last year's winner.

Principal Scott Williams during an Ellen/Oscar-inspired selfie with the cast and crew of the Mr. Batavia competition.

To purchase prints of these photos and the photos in the slide show, click here.

Press release:

The Batavia Police Department is proud to announce the addition of the following officers: Officer Peter Flanagan, Officer Eric Foels, Officer Stephen Cronmiller.

Officers Flanagan, Foels and Cronmiller graduated from the Niagara County Law Enforcement Academy on December 20, 2013. All three have just recently completed the intense Field Training Program at BPD.

Officer Flanagan is a United States Marine Corps veteran having served his country in Afghanistan, achieving the rank of Sergeant. Officer Flanagan is married with two children.

Officer Foels will be carrying on the family tradition as his family has been in law enforcement for the past 50 years. Officer Foels’ family members are current and retired members of the City of Tonawanda Police Department.

Officer Cronmiller is no stranger to law enforcement either, two of his 10 siblings serve in law enforcement, one as a U.S. Customs and Border Protection Agent and the other a police officer with the Town of Hamburg Police Department.

Officers Flanagan, Foels and Cronmiller are dedicated to making the City of Batavia a safer and more enjoyable place to live and work.

Photo (submitted): From left, Officer Stephen Cronmiller, Chief Shawn Heubusch, Officer Peter Flanagan, Officer Eric Foels.