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Sponsored Post: Look! Today's Open Houses

By Lisa Ace


Join us Saturday for TWO OPEN HOUSES:

 

164 Summit St., Batavia, 11 a.m. - 12:30 p.m. Comfortable and solid City colonial in nice neighborhood. Easy to see and super affordable!

This 3 bedroom, bath and a half home features very spacious room sizes, downstairs is open and great for entertaining but very homey. Some hardwood floors and gorgeous unpainted woodwork really give this home charm. Upstairs bedrooms are all large with closets and attic is already partially finished and with a little paint could be amazing extra living/play space!

Mechanically sound with nothing urgent to tackle but what you want to do! Enjoy the front porch that has the forever trexx decking to enjoy the neighborhood or have your morning coffee on the back deck to enjoy the peacefulness of the cute back yard-either way come check out a really nice home! Call Lynn Bezon today to see this listing or click here for more information.

147 Pearl Street Road, Batavia, 1 - 2:30 p.mSolidly maintained 3 bedroom bath and a half home! Completely gutted and remodeled within the last 5 years --beautifully done and nothing for you to do but enjoy!

Full tear off roof 4 yrs ago Beautiful cherry cabinetry with granite countertops and all stainless appliances to stay plus washer/dryer! Extra large family/dining area perfect for entertaining with pretty gas fireplace! Super convenient upstairs laundry and 3 large bedrooms. All new carpeting thru out!

Outside features extra wide drive and double lot with great deck -- inexpensive utilities and NO flood insurance! SO MUCH BANG FOR THE BUCK AND EASY TO SEE AT MOMENT NOTICE! BE IN BEFORE THE HOLIDAYS! Call Lynn Bezon today to see this listing or click here for more information.

Correction: Location of manure spill Wednesday on Creek Road

By Howard B. Owens

A report of a manure spill on Creek Road, Town of Batavia, in The Batavian on Wednesday incorrectly stated that the spill occurred in the area of Baskin Livestock, which is located at 9778 Creek Road.

The actual location of the spill was more than a mile away.

Bill Baskin, owner of Baskin Livestock, said none of his vehicles have been involved in a manure spill recently.

"And when they are," Baskin said, "we clean it up right away."

Sponsored Post: Check out these move in properties

By Lisa Ace


8009 Bank Street Road, Batavia. Looking for space? Then look no further! Check out this solid 5 bedroom, 3 full bath home in move in condition!

This well laid out spacious home has something for everybody – a newly redone and pretty kitchen with granite countertops, large dining area for friends & family, 5 good-sized bedrooms well spaced out to give everyone privacy and 3 FULL baths! You can never have enough seats!

When you walk in, you are welcomed into awesome foyer/sitting room with beautiful wet bar and fireplace with vaulted ceiling and leading to a two loft style bedrooms – perfect for guests or his and her offices! All mechanical updates are in good working order and all appliances included!

Last but definitely not least, LOCATION -- located in the town with 1.5 acres and minutes from Thruway for easy commutes to everywhere! Call Lynn Bezon today to see this listing or click here for more information.

6800 Junction Road, Pavilion. Super solid, move in ready, raised ranch home on quiet 1/2 acre country lot! Move in and enjoy no honey do lists on this 3 bedroom 2 full bath home.

Downstairs features large family room with gas fireplace pretty ceramic floors, brand new full bath -- perfect hang out room or an awesome large master bedroom suite! Upstairs features hardwood floors large open kitchen/dining/living space ideal for entertaining! Three bedrooms with full closets and another brand new bath-not a lot to do here but decorate!

Outside is nicely landscaped and lot backs up to fields with pretty views -- very easy to see! Call Lynn Bezon today to see this listing or click here for more information.

Law and Order: Mechanic Street, Elba, man accused of grand larceny using Batavia employer's credit card

By Billie Owens

Andrew Michael Pridmore, 34, of Mechanic Street, Elba, is charged with grand larceny with a credit card, petit larceny and criminal possession of stolen property -- a credit card. Pridmore was arrested at 11:48 a.m. on July 26 on Cedar Street in Batavia. He allegedly stole a credit card belonging to his employer and withdrew money from numerous ATMs throughout Genesee County on two different days. He was arraigned in Batavia City Court on Sept. 12 and released under supervision of Genesee Justice. He is due in City Court again on Sept. 26. Additional charges are pending in the towns of Le Roy and Pavilion. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus.

Patrick O. Spikes, 37, of South Swan Street, Batavia, is charged with third-degree assault -- with intent to cause physical harm, and criminal obstruction of breathing. He was arrested, arraigned and jailed on Sept. 9 following a domestic incident which occurred at 3 p.m. on Sept. 2 at an apartment on Hutchins Street in Batavia. He is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Stephen Quider.

Erica Bomberry, 38, of 18 Crittenden Way in the City of Rochester, is charged with one count of petit larceny, a Class A misdemeanor. She was arrested Sept. 10 by Le Roy Police Department following a four-month investigation. She is allegedly a member of a Rochester-based larceny ring. The investigation started on May 14 when a business on West Main Street in the Village reported a larceny in progress. The suspect vehicle was located by patrols; the alleged thieves fled, creating a short-lived police chase which was called off because of the dangers it posed. A follow-up investigation tracked the alleged thieves showing numerous similar cases both in the City of Rochester and in different towns in Monroe County. Eventually there was allegedly enough evidence to charge one member of the ring and an arrest warrant was issued. The investigation is ongoing. Bomberry was transported to the Le Roy Court from the Monroe County Correctional Facility for arraignment and put in Genesee County Jail. Bail was set at $1,000.

Christopher J. Parker, 29, of Morse Place, Batavia, is charged with criminal mischief. On Sept. 10, Parker was arrested for allegedly damaging property at another person's residence. The incident took place shortly after midnight on Sept. 8 on Thorpe Street in Batavia. He was jailed in lieu of $1,000 bail and is due in City Court on Sept. 18. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Sgt. Dan Coffey.

Paulette M. Conley, 42, of Mill Street, Le Roy, is charged with DWI -- common law, no headlights, and DWI with a BAC of .08 percent or greater. She was arrested at 2:27 a.m. on Sept. 9 on Main Street in Batavia following a traffic stop. She was arrested, processed and is due in Batavia City Court on Sept. 26. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Matthew Lutey.

Sasha M. McDuffie, 26, of 14th Street, Buffalo, was arrested at 7:14 p.m. on Sept. 11 on East Main Street in Batavia for speeding and driving with a suspended driver's license. Following a traffic stop, an investigation found McDuffie's license was suspended. She was arrested, processed, then posted bail and was released. She is due in City Court on Sept. 26. The case was handled by Batavia Police Officer Nicole McGinnis.

Tyrone L. Richardson, 43, of Brooklyn Avenue, Batavia, was arrested on Sept. 10 on a bench warrant out of Batavia City Court. He posted bail and was due in City Court on Sept. 11. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

James E. Murray Jr., 29, of North Spruce Street, Batavia, was arrested on Sept. 8 on an arrest warrant out of Batavia City Court. He allegedly failed to appear in court after being issued an appearance ticket to be there on Aug. 28. He was due back in City Court on Sept. 10. The case was handled by Batavia Police Officer Mitchell Cowen.

Justin T. Gladney, 29, or North Spruce Street, Batavia, was located and arrested on East Main Street in Batavia after police were called to the area for an unrelated matter. He was found to have an active bench warrant out of Batavia City Court and was arrested on Aug. 10. He was due back in City Court on Sept. 11. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Matthew Lutey.

Photos: City firefighters train on collapsed structure rescue

By Howard B. Owens

Yesterday and today, firefighters with City of Batavia Fire Department have been learning -- both through classroom instruction and hands-on practice -- how to rescue people in a collapsed-structure situation. The class includes working with tools to cut and break concrete, cut metal and cut wood.

The training has been at the fire hall and in the lot behind Falleti Ice Arena on Evans Street.

The trainers were from the State Department of Fire Prevention and Control, led by Jerry Mazurkiewicz.

Batavia, Le Roy, Pavilion to receive more than $2.5 million for school technoloy

By Howard B. Owens

Press release:

New York State Senator Michael H. Ranzenhofer has announced today the approval of Smart School Investment Plans for three school districts in Genesee County, including $2,543,552 for high-tech security and school connectivity. The funding is part of the Smart Schools Bond Act.

“Our children have unlimited potential to succeed, but only if our school districts get their fair share of state dollars,” Ranzenhofer said. “This investment will turn that potential into reality by ensuring Batavia City, Le Roy and Pavilion schools get the best resources to foster student success in a global economy.”

High-tech security funding has been authorized in the amounts of $1,940,585 for Batavia City School District and $348,300 for Pavilion School District. Le Roy School District has been approved for $254,667 in school connectivity funding.

Schools can invest these funds in classroom technology, school connectivity, and high-tech security upgrades to better prepare students for success in the 21st century. 

“The Batavia City School District is going to use SSBA funds to install and upgrade high tech security to assure the safety and well-being of our students and staff in all buildings to assist in maintaining a safest possible learning environment. We are planning on installing new card readers, new door contacts, electronic door strikes, wireless locksets, fixed high-definition cameras, door closers, and motion detectors," said Batavia City School District Superintendent Christopher J. Dailey.

"These improvements will allow our focus to remain on student learning while creating a safe environment for our students and staff to work, learn and grow,” 

Pavilion Central School Superintendent Kenneth J. Ellison said “Pavilion Central Schools will use the recently approved Smart School Investment Plan funds to upgrade our video security system to provide a safe and secure learning environment. The existing system was installed many years ago has limited coverage and minimal storage capacity.

"Our goal is to upgrade our system and expand coverage in all areas. These funds will make it possible to cover all targeted areas on campus with a state of the art camera security system."

The Smart Schools Review Board is responsible for approval of the plan. In 2014, voters approved the $2 billion statewide school investment to finance educational technology and infrastructure.

City Schools land owners get a fraction of a penny tax increase

By Howard B. Owens

The new City Schools property tax rate is not quite a zero-percent increase for 2018-19, but it's close.

Business Administrator Scott Rozanski told the board of trustees last night that property owners this year will be asked to pay $21.495880 per $1,000 of assessed value.

That's an increase of .00849 percent over, or not even percent, over the 2017-18 rate.

Last May, voters approved a tax levy of $18,945,404 but the district can't set the tax rate to achieve that levy until properties have their final assessed value for the year.

The rate increase isn't even two-tenths of a cent compared to last year and will amount to a 14-cent increase on homes assessed at $100,000.

For the fifth-straight year, homeowners in the district will be eligible for a STAR rebate.

The tax rate has decreased an average of 3.5 percent over the past two years.

Tax bills will be mailed out to residents by the end of September.

Scottish Heritage Festival to be held at First Presbyterian Church in Batavia Sept. 22

By Billie Owens

The First Presbyterian Church in Batavia will celebrate its 209th anniversary by hosting a Scottish Heritage Festival on Saturday, Sept. 22.

It will be held, weather permitting, on the front lawn of the church, located at 300 E. Main St.

There will be 19th century games courtesy of the Genesee Country Museum, bagpipe demos, scones and shortbread, Scottish music, geneology and family tree activities, and arts & crafts.

At 3 p.m., inside the church will be a history presentation about Protestant churches in Western New York by Genesee County Historian Michael Eula.

All are welcome on Sunday, Sept. 23, at 10:45 a.m. for the Kirkin' o' the Tartans worship service, led by the Rochester Scottish Bagpipes and Drums.

For more information, call the church at 343-0505 or email:   fpcbatavia@outlook.com

Anne Marie Starowitz cleans out her attic, discovers treasure trove of personal history

By Anne Marie Starowitz

I have been writing articles for more than 10 years. I have written about our early history, businesses, people, schools, transportation to name only a few topics. There is so much history surrounding us.

You can go to the Holland Land Office Museum, our county museum or visit the Batavia Historical Cemetery on Harvester, go to our Richmond Memorial Library, or visit our county Historian, Michael Eula, at the Genesee County History Department.

Deciding to clean out our attic, I discovered another place surrounded by history. As I entered our crowded, dusty attic on that first day, I was immediately taken back to an earlier time. I found, in the back of the attic, our daughters’ cribs and their toys. Opening bins of their toys reminded me of their faces on Christmas morning. Where did the time go?  

I felt I was in a time capsule and was landing at different decades. The cribs were taken to the dumpster but the memories stayed. I landed next to bins that said, “Jenn sort,” and “Jes sort.” I opened the bins and smiled at what they have saved and wondered why I was still storing them.  

There were bins filled with photographs, not organized, just sitting haphazardly in a bin. Every picture took you to that time and in my mind, I relived the memories. One particular album caught my eye. It was filled with just 8-by-10 pictures. In the '70s you could have your child’s picture taken for $.99 for an 8-by-10 picture at J.J. Newberry’s or W.T. Grant Co. department stores. I found our daughters dancing recital costumes and soccer jerseys.

My next landing was very bittersweet. A bin of memories my mom had given me many years ago that I don’t remember ever seeing. How did she do it with six children and found the time to save articles about us growing up. There were programs that I had been in along with many pictures. There was even my medical history with shots and my allergy testing. So that brought me back to living on Highland Park and then Evergreen Drive. 

I found my wedding gown and wedding pictures. I loved my simple gown and the cherished memories of that day. I laughed when I saw one picture of my brothers’, one in a plaid jacket and the other in plaid pants. That landing was such a sweet memory, especially the picture of me dancing with my Dad surrounded by family and friends. So many pictures of him and me on important events in my life, my Communion, my Confirmation, my wedding, my retirement, and our daughters' baptisms. Did he know how much those pictures meant to me, did I ever tell him? 

My next landing were the pictures of my students and the cards and letters they sent me. I would always have them write their name and date on any gifts they gave me. I had a file on every class. In the early years, they were remembered on slides and in the later years in a PowerPoint (presentation). I hope they all knew what they meant to me. So many children, so many years, so many memories! 

Now our children are married and we are blessed with grandchildren. There are no words to describe what those children mean to us. They also had fun in the attic last year when they played with their mother’s toys and wore the old-fashioned hats. 

My last landing was also my most recent memories. The pictures were from our parents' memorial services with CDs that chronologically displayed their lives through pictures. Losing our parents filled me with a mixture of sadness and so much happiness. We were loved, just like we love our children and how they love their children. It is a cycle that will always continue.

I’m done for now in the attic. It was quite a ride. I realized that everything I saved was a part of my history.

I know you all have someplace similar to an attic that holds your memories. My memories have reentered my heart in a different way, an older way.  Now when I look at old pictures I remember the history. I am glad I took a memory tour in our attic. It just made me realize how lucky I am to hold these cherished memories. When there are days that don’t seem to go the way I hoped, maybe I should revisit our attic.

Info meeting at Ascension Parish about October Holy Land pilgrimage is Sept. 25

By Billie Owens

Press release:

Father David Glassmire, of Ascension Parish, Batavia, will host an informational evening about an upcoming pilgrimage to the Holy Land starting at 7 p.m. on Tuesday, Sept. 25.

It will feature Mediterranean food and drink and will take place in the Parish Learning Center at Slomba Hall (formerly Sacred Heart Hall), located at 17 Sumner St., Batavia.

The Holy Land pilgrimage is scheduled for Oct. 21-31, 2019 and is hosted by Fr. Glassmire and Infant of Prague's Fr. Corbin in Cheektowaga.

Attendees will view Rick Steve's Guide to the Holy Land and be able to ask questions about next month's trip.

Manure on roadway creating dangerous condition on Creek Road

By Billie Owens

Lots of manure on the roadway has created a dangerous condition on Creek Road down to East Road in the area of Baskin Farm, Town of Batavia. Dispatch has received multiple calls on this. Sheriff's deputies are responding.

Law and Order: Pair of DWI arrests announced

By Howard B. Owens

Shawn Michael Walburn, 45, of East Main Street Road, Le Roy, is charged with: DWI; driving while ability impaired with alcohol; driving without a vehicle inspection; and speeding. Walburn was stopped at 3:07 a.m. Sunday on Main Road, Stafford, by Deputy Andrew Mullen.

Ryan Brent Callison, 41, of 14th Street, Zimmerman, Minn., is charged with: DWI; driving with a BAC of .08 or greater;and failure to yield right of way. Callison was stopped at 9:39 p.m. Monday on Main Street Road, Batavia, by Deputy Howard Wilson.

Karen M. Gath, 57, of Rochester, is charged with conspiracy, 6th, and petit larceny. Gath was arrested by State Police and ordered held on bail for an incident in the Town of Batavia. No further details released.

Jacob R. Lorek, 24, of Rochester, is charged with two counts of unlawful possession of marijuana and speeding. Lorek was stopped by State Police at 6:04 p.m. Thursday on Route 19, Bergen.

Stevie R. Marshall-Carter, 20, of Rochester, is charged with unlawful possession of marijuana. Marshall-Carter was stopped on Route 33, Bergen, by State Police.

Dale J. Wissinger, 38, of Oakfield, is charged with assault; 3rd; and criminal mischief. Wissinger was arrested by State Police on charges related to an incident reported at 1:47 a.m. Saturday and ordered held on bail. No further details released.

O-AT-KA Milk announces 40 job openings

By Howard B. Owens

Press release:

O-AT-KA Milk Products, of Batavia, is proud to announce the completion of its recent 20,000- square-foot building expansion. The walls are up and the equipment is installed, but the most important piece – the people – is the final stage of the project.

The expansion, nicknamed Project Gator, is the third of its kind in the past six years and will boost O-AT-KA’s current workforce of 440 employees, as promised during the planning phase. Support from local municipalities, the Genesee County Economic Development Center and Empire State Development made the expansion a reality.

“I am so pleased to see a great hometown company like O-AT-KA continue to grow, thrive and add 40 new jobs to be filled by local residents," said Assemblyman Steve Hawley (R,C,I-Batavia). "Our area is primed for growth and it makes us a stronger community to witness a commitment like this from a great homegrown company like O-AT-KA.

"New York’s agricultural industry is one of the best in the country and that is a testament to the dedicated and innovative farmers and dairy producers we have right here in Western New York. I wish O-AT-KA the best of luck and success moving forward.”

The expansion has significantly expanded O-AT-KA’s beverage capabilities and ability to meet growing customer demand. Production and packaging lines are currently undergoing thorough quality testing before full production starts early this fall.

“The work we do matters," said CEO Bill Schreiber. "We partner with our customers to create unique products while adding value to local milk. The ongoing efforts of our team have resulted in sustained growth and investment for the business, while supporting our dairy farmer owners and creating a rewarding work environment for our employees.

"New employees have an immediate opportunity to succeed and learn new skills. They also have the opportunity to grow as individuals and be part of a winning team.”

Hiring has begun, with the intention to fill 40 additional jobs immediately.

"We’ve grown by more than 150 team members since 2015. We plan to hire and train an additional 40 individuals," said Donna Maxwell, VP of Human Resources. “The work we do here serves our farmer-owners and supports local agriculture. We’re looking for people with a farmer’s work ethic; people who take pride in their work.

"As a premier employer in Western New York, we offer an outstanding compensation and benefits package along with the opportunity for career growth for those who desire it. Our Pay for Skill program allows employees who learn more to earn more. In fact, many of our employees – about 40 percent – commute from outside Genesee County because the employment package O-AT-KA has to offer -- pay, benefits and career opportunity -- just can’t be beat.”

Law and Order: Myrtle Street man arrested after dine-and-dash complaint on Lake Street in Le Roy

By Billie Owens

Todd A. Gailie Jr., 27, of Myrtle Street, Le Roy was arrested on Sept. 7th by the Le Roy Police Department for petit larceny and obstructing governmental administration in the second degree, Class A misdemeanors. Le Roy Police Department responded to a business on Lake Street in the Village after receiving a complaint of a male allegedly leaving a restaurant without paying for food and drinks that he consumed. Upon arrival, the patrols located Gailie on the railroad tracks in the area and when the patrol confronted Gailie, he allegedly ran from officers. After a brief foot chase Gailie was taken into custody. Gailie was arraigned and put in Genesee County Jail in lieu of $1,500 cash or $3,000 bond. Gailie is to return to Le Roy Town Court on Sept. 20th.

Roy A. Watson Jr., 29, of Porter Avenue, Batavia, is charged with having two unlicensed dogs. He was arrested at 9:35 a.m. on Sept. 4 at 24 Porter Ave. following an investigation into a complaint that his dogs were unlicensed. He was issued an appearance ticket for City Court and is due there Sept. 18. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer James Sheflin.

Marissa Eve Michaels-Connors, 26, of LaSalle Avenue, Buffalo, is charged with: first-degree aggravated unlicensed operation of a motor vehicle; DWI, first; operating a vehicle while using a cell phone; refusal to take breath test; and moving from lane unsafely. She was arrested at 5:09 p.m. on Sept. 9 on Vallance Road in Le Roy after a one-vehicle accident in which her vehicle struck a guard rail. It is alleged that she was driving while intoxicated and that she drove while her license was suspended for alcohol-related circumstances. She was jailed in lieu of $1,500 cash or $3,000 bond. The case was handled by Genesee County Sheriff's Deputy Howard Wilson.

Matthew Vincent Pragel, 23, of Forest Hill Drive, Williamsville, is charged with: operating a motor vehicle while impaired by drugs; driving while ability impaired -- combined influence of drugs; unlawful possession of marijuana; and moving from lane unsafely. At 10:30 p.m. on Sept. 4 on Bloomingdale Road in the Tonawanda Indian Reservation, Pragel was arrested after an investigation of a single-vehicle accident. He is to appear in Alabama Town Court at a later date. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Adam Robyn Chaddock, 31, of Virginia Manor Road, Rochester, is charged with: DWI; DWI with a BAC of .08 percent or higher; failure to keep right. Chaddock was arrested at 10:46 p.m. on Sept. 9 on Clinton Street Road in Stafford following a traffic stop. He was issued an appearance ticket and is due in Stafford Town Court on Oct. 19. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

Giancarlo A. Miranda, 20, of West Saile Drive, Batavia, is charged with possession of a dangerous weapon on county property. At 2:32 p.m. on Sept. 4, Miranda was arrested for allegedly possessing a knife while entering the Genesee County Probation Building. He was issued an appearance ticket for City Court and is due there Sept. 11. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Chad Richards.

Ian Kyle Leblanc Chatt, 33, of Hart Street, Batavia, is charged with: petit larceny; criminal possession of a controlled substance in the seventh degree; criminal possession of a hypodermic instrument; criminal use of drug paraphernalia; and sixth-degree conspiracy. Le Blanc Chatt was arrested at 1:59 p.m. on Sept. 7 following a larceny complaint at Walmart in Batavia. It is alleged that he walked past the point of sale with an 18-ounce can of Rain X. He was arrested and released with an appearance ticket for Town of Batavia Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Andrew Hale, assisted by Deputy Lonnie Nati.

Brandon James March, 33, of South Main Street, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree; possession of a hypodermic instrument; criminal use of drug paraphernalia; and sixth-degree conspiracy. March was arrested at 1:59 p.m. on Sept. 7 following a larceny complaint at Walmart in Batavia. March allegedly conspired with another person to steal property and was found in possession of a controlled substance and drug paraphernalia. He was arrested and released with an appearance ticket for Town of Batavia Court on Sept. 20. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Andrew Hale.

Shooting at murder scene was to protect other people, defense attorney suggests during hearing

By Howard B. Owens
Jennifer K. Urvizu-Hanlon

The police surveillance video of Central Avenue, Batavia, the night of May 17, when Nathaniel D. Wilson Jr., murdered Terry J. Toote with a knife, shows that Wilson was a threat to harm other people in the area, according to an attorney for Jennifer K. Urvizu-Hanlon.

Urvizu-Hanlon, former owner of La Mexicana store on East Main Street, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old who is accused of shooting Wilson.

"This individual was trying to keep the other individual from stabbing other people, which I believe is legally justifiable," said attorney Christian Kennedy.

Today's County Court appearance for Urvizu-Hanlon was a hearing related to motions filed by both the defense and the prosecution with arguments for further hearings in the case.

Kennedy revealed his theory of the case while arguing that the prosecution needs to turn over to him a list of witnesses along with any statements they made to police and reports generated from witness statements.

Under the rules of evidence, the defense isn't automatically entitled to this material. There are rules regarding "discovery," or evidence the people must turn over, and then what is known as "Brady material" (the name comes from a precedent-setting case dealing with evidence). Brady materials are statements and reports that the defense believes may contain information that would support a defendant's claim of innocence. 

Kennedy argued that given the number of witnesses, the statements he believes the police collected (there's no information available to indicate such statements were obtained) would almost certainly contain contradictory views of events, which then would almost certainly be Brady material. And if all the statements agree, he said, that might indicate the police relied on a single witness statement, which under the circumstances, could be used by the defense to demonstrate a problem with the investigation.

Either way, Kennedy argued, it's Brady material.

Judge Charles Zambito pressed him for more definitive information that would indicate Kennedy knew there was information in the material favorable to his client, and Kennedy said he couldn't know that without seeing the material but that in Monroe County the material is always provided to the defense for the reasons he outlined.

Zambito said he would review the material to determine if it contains information favorable to the defense and turn it over if necessary.

During the discussion in court today, it was suggested that Urvizu-Hanlon had said to Kennedy that she gave the gun to Blackshear to protect others. Kennedy corrected the statement, saying that he hadn't indicated one way or the other what his client may have said to him. He was stating, he said, that the video itself indicated Wilson was threatening others at the scene.

He said while the video clearly shows events on Central Avenue that night, it is too grainy to help the defense identify witnesses.

Blackshear is charged with: attempted murder, 2nd; attempted assault, 1st; assault, 2nd; and two counts of criminal possession of a weapon, 2nd.

Urvizu-Hanlon, 48, apparently made statements to police after being read her Miranda warnings. A hearing on whether the proper procedures were followed by police will be held at 3 p.m., Oct. 19.

He's also seeking a probable cause hearing, arguing his client was arrested May 18 without a warrant, so he wants to probe whether police had at that point probable cause to take her into custody. Zambito is reviewing that request.

The 31-year-old Wilson entered a guilty plea to murder in the second degree Aug 20. 

At his plea hearing, District Attorney Lawerence Friedman cited witness statements indicating Wilson approached the scene making statements that indicated he intended to "kill everybody." He then attacked Toote.

Several people then jumped on Wilson and Wilson continued to fight with them.

Wilson entered his guilty plea on an Alford basis, which means he didn't admit to facts of the case, only that he would likely be found guilty if the case went to trial, so he was, therefore, accepting a plea deal more favorable than what he might receive if found guilty by a jury.

He faces a possible prison term of 20 years to life.

Accident with injuries reported on Walnut Street, Batavia

By Howard B. Owens

A car has reportedly struck a utility pole at 19 Walnut St., Batavia.

Injuries are reported. Two patients, one with a head and arm injury and the other possible minor injuries.

City fire and Mercy EMS dispatched.

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