batavia

Local photographer Steve Ognibene shared these pictures with of some snow scenes in Batavia today.

NOTE: Jurors are instructed by Judge Robert C. Noonan not to read media accounts of the trial. This story contains information not available to jurors. Certainly, no jurors should read the story nor should the case be discussed with jurors.

There's no physical evidence putting a gun in the hand of Dashawn Butler the night shots rang out on State Street 14 months ago, defense attorney Thomas Burns told jurors during opening arguments today in a criminal trial in Genesee County Court.

Three witnesses testified before jurors were sent home for the day, but the most unusual moment of the case came when one of the witnesses scheduled to take the stand refused to testify.

In his opening statement, Burns told jurors that there were no shell casings, no bullet holes in any building or car, no victim shot, nothing to demonstrate clearly that Butler either possessed or fired a gun the night of Sept. 27, 2013.

District Attorney Lawrence Friedman kept his opening remarks brief -- to match the briefness of the incident that allegedly took place on State Street in Batavia.

"When all is said and done, through the use of common sense and the collective experience you have in the world to evaluate evidence, you will find beyond a reasonable doubt that the defendant is guilty of these crimes," Friedman said.

Butler is charged with attempted assault, attempt to cause serious physical injury, and criminal possession of a weapon.

The charges stem from an incident near 117 State St. when gunshots were reportedly fired at a person standing on the sidewalk.

Butler was named as a suspect not long after the shooting and a warrant was issued for his arrest. It took several months to locate him before he was arrested.

Called to the stand today were Julie Ann Carasone, a resident of State Street, Lisa Strong, a former State Street resident now living in Oakfield, Tracy Leubner, a former girlfriend of Butler's, and Kelly Rhim, the purported target of the alleged gun fire.

The case was moving along briskly, after a late start because of a juror's mistaken belief that court was closed today, until it came time to call Leubner, the third witness of the day, to the stand.

When Friedman went into the hall to retrieve the witness, he wasn't heard from for a minute or two, and then he stuck his head in the door and told Judge Robert C. Noonan that it would be another minute.

As the minutes ticked by, a woman could be heard sobbing outside the courtroom.

After at least 10 minutes of waiting, Noonan sent the jury into recess and Friedman entered and said that his witness, Tracy Leubner, was refusing to testify. Friedman held a document that he said was a police report detailing how Leubner had been threatened by a man whom he believed is an associate of Butler's.

Leubner is reportedly an ex-girlfriend of Butler's and has knowledge of both the incident Sept. 27 and Butler's purported gang ties.

In lieu of Leubner's testimony, Friedman requested using the transcript of her grand jury testimony.

Burns objected on the grounds that there was insufficient evidence to make his client culpable in the alleged threats, and at the least, there should be a hearing on the matter to establish such evidence. The case in point, Burns said, was People vs. Smart.

That case (and previous cases) establishes that a criminal defendant surrenders his right to confront witnesses against him if the defendant threatens the witness.

With the jury out of the room, Friedman called Det. Thad Mart, with Batavia PD. Mart was involved in the criminal investigation against Butler, did the initial interview with Leubner, served a subpoena on her Nov. 7, and retrieved her from her home this morning.

Leubner had to be coaxed out of her house and to the court building, Mart testified.

He claimed that Leubner had told him that when she lived with Butler, Butler used to beat her. The detective said that she told him previously she had been tricked into attending a party hosted by Butler at a residence on Holland Avenue. At the party, according to Mart, Butler confronted Leubner and said he would have "kicked the sh--" out of her if he had known about her grand jury testimony, and that he would "kick the sh--" out of her if she testified at trial.

Mart testified that a third party also contacted Leubner and threatened her.

"He told her he heard that she had snitched on Butler," Mart said. "She denied this and he went on and said that he found out she had snitched on him. He said that if Butler wanted her dead, he would be willing to take care of it himself."

During cross examination, Burns asked Mart questions about any follow-up investigation and Mart said he didn't talk with the third party and never confirmed that Butler and this other person even knew each other.

After a lunch break, Burns called witness Gina Bell to the stand.

Bell testified that she was friends with both Leubner and Butler. She was at this trial, in fact, in support of Butler. She said she was also friends with the alleged intended victim of the reported shooting, Kelly Rhim.

Contrary to Mart's testimony, Bell said that it was Leubner's idea to go to the party on Holland Avenue. Bell didn't even know about the party, she said, until Leubner invited her.

She testified that there was no apparent conflict between Leubner and Butler at the party, though she admitted she wasn't with either of them throughout the evening, and that Leubner didn't seem distressed or bothered after coming by Butler's house once she left the party.

"She seemed fine," Bell said. "She seemed like she had a good night. She was happy. She said nothing about any problems at the party."

Bell also said that in all the time she's known Leubner, Leubner never gave any indication that Butler ever harmed her.

Noonan ruled that there was sufficient evidence that Butler was involved in threats against Leubner and the grand jury transcript could be read to the jury. He said the only thing Bell's testimony established was whose idea it was to go to the party, which wasn't material to the substance of establishing why Leubner was unwilling to testify. He said nothing in her testimony directly refuted the alleged threats against Leubner.

To read Leubner's testimony, Friedman read the questions he asked in front of the grand jury and the Assistant District Attorney sat in the witness stand and read Leubner's answers.

She testified before the grand jury that somebody supplied Butler with a small, black handgun prior to the shooting. It was a revolver, she said (which wouldn't leave behind shell casings).

She said that Butler heard some people arguing near 117 State St., and then he heard his name mentioned. She said that a person was calling Butler a fake, a phony.

"'You want to see fake,'" she said Butler said. "He pulled out a gun and proceeded to shoot the man."

She later clarified that she meant to say that Butler shot at the man.

She said she heard four or five shots and then the gun jammed.

Later, at a residence in the city, Butler told a friend, she said, to flush the spent shells down the toilet.

"Dashawn was talking with friends about the gun jamming," she reportedly told the grand jury. "He was upset because he thought the bullets might be too big or something."

It was then that the subject came up that perhaps the bullets were blanks.

It was the only explanation Butler could think of, she said, for why Butler missed the person standing in front of him.

"He didn't understand why he missed," she reportedly said. "He said he was aiming right at him and if it was actual ammunition he wouldn't have missed."

Testifying in the afternoon was Kelly Rhim, the person Butler is accused of intending to shoot.

He said he's known Butler since about 2001 or 2002 and they're nearly the same age.

The night of the alleged shooting, Rhim said he went to his aunt's house at 117 State St. to pick up some CDs. He said he had recently moved to Buffalo and that he worked as a DJ and needed the CDs for a gig later that night.

He arrived on State at about 10:30 p.m. He was accompanied by his brother-in-law.

There were two people on the porch and Rhim and the other two people had words.

The group had a confrontation the night before, Rhim said.

Rhim was upset because one of the men, he said, had been going around telling people that Rhim had been in town the night before with a group of gang members from Buffalo.

"They're not even close to gang members," Rhim said.

He then saw Butler run up from behind the house with a youth.

He said Butler accused him of saying that he, Butler, was fake.

"We fake now. We fake now," he said Butler screamed.

Rhim said, he replied, "Yes, you're fake. You're recruiting a bunch of teenagers to be part of all that B.S."

He said Butler then pulled out a gun and told him to back up.

"I just stood there," Rhim said. "I never moved. He shot three times. I started feeling myself, because I watch a lot of crime shows on TV, to make sure if I was hit or not. I wasn't sure if I was struck or not."

He was talking fast and the court reporter couldn't keep up.

He repeated, "I watch a lot of crime shows. You're not supposed to move if you think you've been hit by a bullet."

He said he couldn't believe what just happened.

"I was shocked because I've been living in Batavia since '85," Rhim said. "That kind of violence doesn't go on here, period."

He said Butler ran off after firing the three shots. He then left with his brother-in-law and drove to Ri-Dans, a bar on West Main Street Road, where they had some drinks.

During cross, Rhim said he never saw a gun, just "flashes of light" coming from Butler's sleeve.

He admitted later that he was arrested for DWI that night and later convicted in Town of Batavia Court of the charge.

He said he didn't have anything to drink prior to driving to State Street in his brother-in-law's white Cadillac and having the alleged confrontation.

After Ri-Dans, he and his brother-in-law sat in the Caddy and lit up a blunt, he testified.

“After I got shot at I smoked some weed,” he said, rolling his eyes and looking as if any reasonable person would have done the same thing.

His previous convictions over the past decade include disorderly conduct (twice), criminal sale of a controlled substance and unauthorized use of a motor vehicle.

During cross examination, Rhim also conceded that he was driving that evening without a license, which was suspended because of late child support payments.

After leaving the bar, sometime after 2 a.m., he was pulled over so Sheriff’s deputies could asked him about the State Street incident. He said nine deputies with nine guns drawn descended on him and his brother-in-law and had them lie down on the ground. He said one of them asked him who he shot.

He said he didn’t shoot anyone and there was no gun on the two men or in the vehicle. He was found, however, to be intoxicated and was arrested for DWI. Officers found one “dime bag” of weed on him (enough to roll three blunts he says) and nine more “in the console” of the vehicle.

Continuing with questions possibly intended to cast the prosecution's witness as having less than sterling character, Burns then asked Rhim if had been arrested for allegedly stealing meat from Top’s Market. The case is still pending.

“It was not no meat. It was $240 worth of stuff,” the witness said. “Roses for my mom’s tombstone, paper goods and stuff. I thought I lost my money. I backtracked out the store and before you know it I was outside the store at my car.”

He claims his clarity of mind had been affected by medication he had been given for an abscess, which made him “disoriented and delusional.”

But going back to the matter on trial -- whether Dashawn Butler used a gun to try and shoot Rhim on Sept. 27, 2013 -- the witness stood by his testimony, even though it varied from what he had signed in a sworn statement to Batavia PD.

“They switched the words on me,” he told the jurors.

Burns asked if he remembered telling police that the incident with Butler was related to something posted on Facebook.

He replied that he never said the derogatory remarks about him on Facebook came from Butler. He said he doesn’t know who posted them.

Lastly, Burns asked him if he remembers telling officers when they pulled him over after he left the bar, “You don’t know what the f--k you’re getting into.”

No, the witness said, “They were making things up.”

State Street resident Julie Ann Carasone testified that she was in her daughter's room watching "Law & Order" while her daughter and a friend played a game on the Xbox hooked up to the living room TV when she heard the possible gunshots.

"I heard somebody say, 'get down mother f--ker, get down mother f--ker' and then I heard, pop-pop-pop, and I thought 'oh, my God, it's gunshots,' " Carasone said. "I turned down the TV to make sure it wasn't on TV and then I heard a female saying, 'I can't believe you shot him.' "

She said she ushered the children into the bathtub, thinking they would be safer there if there were any more shots fired, and called 9-1-1.

Asked how she recognized the sound of gunshots, she said her father was a military veteran and the family spent a lot of time on military bases, near firing ranges, and that her father had taught her about guns.

Lisa Strong testified that she was sitting on her porch smoking a cigarette five doors down from 117 State St. when she heard what sounded like people arguing. She heard the gunshots and then saw a white car, possibly a Cadillac, speed away. She said from two to six people then ran in various directions.

She did not call police. She went in her house and locked the door.

The trial resumes tomorrow at 10 a.m.

Billie Owens contributed to this report.

A two-car accident is reported at 148 Bank St. by Washington Avenue. The drive of one vehicle is complaining of back pain. City fire and Mercy medics are responding.

Much of Genesee County remains under a travel ban (Darien, Pembroke, Alexander, Bethany, Pavilion) and the rest of the area is under a travel advisory.

The weather service is calling for more lake effect snow, with up to four inches an hour hitting the western and southern parts of the county.

Here's some photos from around Batavia this morning.

Top: Heidi Urban cleans her driveway on North Street.

A Batavia Housing Authority employee blows snow outside 400 Towers.

Skyler Fronczak, 11, helped her family on Ross Street with snow clearing by spreading salt this morning.

Steve Hawley was keeping his walk clear this morning in front of his insurance office on Main Street.

The entrance to the Thruway in Batavia was closed.

A DOT plow truck downtown.

St. Mary's in the snow.

In what county officials are classifying as a weather-related death, a county employee had a heart attack this morning while operating a snowblower in the back parking lot of the Sheriff's Office on Park Road.

A call for a man down came in a little before 7 a.m. this morning. CPR was administered at the scene, but 56-year-old Jack Boyce was pronounced dead later at UMMC.

Boyce worked in the facilities division of the county highway department for one year. Both a brother and a sister are longtime county employees.

Via The Batavian's news partner, WBTA.

Christian J. Finkney, 26, of South Academy Street, Wyoming, is charged with 18 counts of criminal contempt, 2nd, aggravated unlicensed operation and unlicensed operation. Ashly N. Boatwright, 27, of South Academy Street, Wyoming, is charged with 18 counts of facilitating aggravated unlicensed operation, 3rd, and one count of circumventing an interlock device. Finkney allegedly drove a vehicle 18 times in Genesee County while his license was revoked for an alcohol-related offense. Darien Town Court reportedly directed Finkney not to drive until his privileges were reinstated by the DMV. Finkney was arraigned in Batavia, Darien, Alexander, Pembroke and Bethany and jailed on $10,000 bail. Boatwright is accused of allowing Finkney to drive a vehicle registered to her on 18 occasions. She is also accused of blowing into an interlock device to circumvent the device.

Nathan Robert Arnold, 22, of Terry Street, Byron, is charged with criminal contempt, 1st. Arnold was allegedly involved in a fight with a person protected from him by court order. He was jailed on $5,000 bail.

Jamie Michelle Lauck, 27, of Spencer Court, Batavia, is charged with DWI, driving with a BAC of .18 and parking in the highway. The Sheriff's Office received a report at 12:51 a.m. Sunday on Colby Road, Darien. Lauck was allegedly located in a vehicle stopped in the roadway by Sgt. Thomas Sanfratello.

Louis James Stoller Jr., 22, of Erie Street, Le Roy, is charged with burglary, 2nd, and petit larceny. Stoller is accused of entering a residence on South Street Road, Le Roy, with the intent of taking the dog from the residence. He was jailed on $5,000 cash bail or $10,000 bond.

Damian Christopher Woodruff, 32, of Walmore Road, Niagara Falls, is charged with criminal possession of a weapon, 4th. Woodruff was stopped by Deputy Patrick Reeves on federal game lands on Sour Springs Road, Alabama. He was allegedly hunting without a permit. He allegedly was found in possession of a shotgun, in violation of the law barring convicted felons of possessing firearms. 

Nathaniel Michael Dickes, 21, of Broadway Street, Oakfield, is charged with harassment, 2nd. Dickes was allegedly involved in a fight at 9:57 pm., Saturday, at a location on Webber Avenue, Oakfield, in which Dickes allegedly pushed and grabbed another person and threw an object at that person.

Donald Ivan Manes, 58, of Lewiston Road, Basom, is charged with DWI, refusal to take breath test, misuse of dealer plate, speeding (74 in a 55 mph zone) and failure to keep right. Manes was stopped at 2:06 a.m. Sunday on Kelsey Road, Batavia, by Deputy Joseph Corona.

Kristen Irene Merriam, 33, of Summit Street, Batavia, is charged with unlawful possession of marijuana. Merriam was charged following a traffic stop at 12:30 a.m. Saturday on Clinton Street Road, Stafford, by Deputy Joseph Corona.

Bryan D. Bates, 35, of Mill Street, Batavia, is charged with conspiracy, falsely reporting an incident to law enforcement and offering a false instrument, 1st. Bates allegedly reported an incident that did not occur and providing a false written statement. Bates is being held on a parole violation.

Tyler J. Warfle, 19, of Chapel Street, Elba, is charged with five counts of identify theft, 3rd. Warfle is accused of using the debit card of another person without permission.

Mark T. Zdrojewski, 61, of Meyer Road, Pendleton, is charged with issuing a bad check. Zdrojewski was arrested on a warrant. 

A 17-year-old resident of Liberty Street in Batavia was arrested on a warrant for alleged failure to appear. He was taken into custody during an investigation of an unrelated complaint.

A motor-vehicle accident is reported in the area of 306 W. Main St., Batavia.

Mercy EMS requested to the scene to evaluate a person complaining of chest pain, believed to be from a seat belt.

UPDATE 1:12 p.m.: City fire is back in service.

There's been steady snowfall in Batavia all morning. Wet snow. Just an inch or two.

There remains a lake effect snow warning in place for the region. The forecast for Genesee County is for five or six inches of snow through Wednesday. Portions of Erie County may be harder hit with up to two feet of snow.

Top photo: Ellicott Street

Centennial Park

Centennial Park

Ellicott Street from Court Street

County Building #1

Main Street

Fire Chief Jim Maxwell and Principal Diane Bonarigo help a student at Jackson School try on a new winter coat at the school this morning.  

IAFF Local 896 gave out about 90 winter coats to students at the school.

UPDATE: Here's some additional info about the coat distribution:

City of Batavia firefighters, Local 896 distributed 90 brand new 100-percent American Made winter coats to children grades K-1 at Jackson primary. This is the second year firefighters have partnered with the national not-for-profit Operation Warm. More than $3,600 was raised to provide the coats. Local 896 would like to thank all who supported this great program. It truly is more than a coat. The coats give children a sense of pride having something brand new and all their own. New coats also promote a healthy lifestyle for children during the winter months and having a positive impact on school attendance.

Firefighter Adam Palumbo

Firefighter Chuck Hammon stretches out his arms to show a student how to test the fit of his new coat.

Smoke is reportedly coming from a mobile home in the West End Trailer Park at 4016 W. Main Street Road. Town of Batavia Fire Department is responding.

UPDATE 2:04 p.m.: A chief on scene says someone is burning leaves, although it could appear to the caller that the smoke was coming from the mobile home itself.

Six times during Saturday afternoon's regional championship match at Buffalo's All High Stadium the Blue Devils were on the brink of putting six on the scoreboard, and six times Batavia let the opportunity slip away.

The blown opportunities alone represent more points than Cheektowaga managed on their own in the Class B matchup.

"You can't win football games when you do that," Head Coach Brennan Briggs said after the 35-16 loss.

In five of the six times the Blue Devils reached the red zone but failed to score, Cheektowaga got the ball back on turnovers.

"It's disappointing turning the ball over so many times, but that's the game of football, Briggs said.

The other time Batavia came up short -- literally came up short -- was in the closing seconds of the half when Batavia had the ball inside the five with 1st and goal to go.

When fourth down rolled around and less than 10 seconds on the clock, the ball was two inches from the goal line. A Cheektowaga off sides put the ball on the one-inch line.

Batavia couldn't punch it in.

A score there would have made it 21-21 at the half.

Batavia's game plan called for the offensive to use the ground game, grind up precious minutes off the clock and keep Cheetowaga's quick-strike offense off the field as much as possible.

The fewer times the Warriors' Marshawn Gibson touches the ball, the better for any opponent.

Even though Gibson still carried the ball 12 times for 146 yards, plus an 81-yard reception, for four touchdowns, that part of the game plan worked.

On the first drive, Batavia learned that what film study revealed was true: Give the ball to Dominick Mogavero and let him chew up yards and the clock.

Time of possession tilted heavily in Batavia's favor, 33 minutes to 15 minutes, and Mogavero carried the ball 32 times for 160 yards.

"I feel a little bad for Anthony Gallo because he's such a good back, but our style of what we were doing, grinding it out, we saw how well that can work on that first drive, so we stuck with Dom because he's got a little bit more to him," Briggs said. "He just did a great job offensively and defensively."

Batavia made it look easy on the first drive of the game, scoring on a six-yard pass from Greg Mruczek to Gallo, but Cheektowaga struck quickly on its own first drive, as Gibson streaked 74 yards for a touchdown.

With the score 14-7, Briggs once again made a gutsy fourth-down play call. This time, a lateral to Trevor Sherwood who threw the ball cross field to a wide open Ryan Hogan for a 32-yard TD.

Then the wheels started to come off. A fumble, an interception, the failed goal line opportunity, and more fumbles and another interception in the second half just put Batavia in too deep of a hole.

Still, 2014 was an amazing season for the Batavia Devils, going 6-1 in the regular season and winning the program's first Section V title since 1991. The loss doesn't diminish a turnaround season.

"It still hasn't sunk in yet," Briggs said after the game. "We're very disappointed in the loss. We were hoping to keep moving on, but a Class B section V title is something for Batavia to be proud of and I think we can build off of this and do a lot of great things after this."

Mruczek, Gallo, Mogavero, along with Trevor Sherwood, Malachi Chenault, Noah Dobbertin and Danny Williams will all be back next year.

That's the core of any potential winning team right there, plus there are players in the pipeline, either from JV or varsity, ready to contribute.

"This (season) helped the underclassmen of Batavia football realize how important it is to be there in the off season," Briggs said. "Maybe we will get a little bit more commitment this off season from a kid who doesn't want to be there. We have a very good nucleus of kids coming back and I can't wait to get them going."

Top Photo: Gallo with the first score of the game.

Cheektowaga's Hakiem Black with a TD reception in the third quarter.

Dom Mogavero

Mruczek hands off to Mogavero.

Mogavero looks for a hole with Cheektowaga's Dylan Romanczak in pursuit.

Gunner Rapone wraps up Gibson in the backfield in the fourth quarter for one of the star back's rare loss of yardage runs.

Sherwood alone on the bench with his thoughts in the closing minute of Batavia's 35-16 loss to Cheektowaga.

Batavia fell to Cheektowaga in the Class B regional championship game at All High Stadium in Buffalo on Saturday 35-18.  

Five red zone turn overs and an inability to punch the ball in from less than a yard out in the closing seconds of the first half doomed the Blue Devils. 

more coverage later. 

Lee Ann Mullen, 54, of Alabama, is charged with menacing, 2nd, and trespassing. Mullen was arrested earlier this week by State Police for allegedly threatening a neighbor with a metal rake while the neighbor was walking her dog on her own property. Mullen was jailed on $5,000 bail.

Ronnie J. Sumeriski II, 32, Batavia, is charged with aggravated unlicensed operation, 3rd, and uninspected motor vehicle. Sumeriski was stopped at 1:35 a.m. Friday on Main Street, Attica, by an Attica police officer after the officer observed an alleged expired inspection sticker.

A 16-year-old resident of Batavia is charged with menacing, 2nd, and criminal possession of a weapon. The youth was allegedly involved in a disturbance at 5:57 p.m. Monday on Central Avenue where he had a knife and was waving it around, threatening individuals. Batavia PD withheld the name of the youth from the arrest report.

A 17-year-old resident of Batavia is charged with assault, 3rd, criminal mischief, and harassment, 2nd. The youth was allegedly involved in a disturbance at 5:57 p.m. Monday on Central Avenue. He allegedly struck another person and broke a necklace around the neck of the victim. He allegedly threatened to beat up another person. Batavia PD withheld the name of the youth from the arrest report.

Todd M. Holly, 49, of Lincoln Avenue, Le Roy, is charged with criminal contempt, 1st. Holly was allegedly involved in an incident on Soccio Street, Batavia, and in the process violated an order of protection.

Marcos A. Torres, 32, of Sunrise Parkway, Oakfield, is accused of violating an order of protection at 11:45 p.m. on Nov. 9. He was jailed on $15,000 cash bail or $30,000 bond.

Joseph P. Pratt, 20, of Church Street, Le Roy, is charged with endangering the welfare of a child. Pratt allegedly allowed an unlicensed youth to drive his car. Pratt was jailed on $500 bail.

Andrea M. Gray, 36, of South Main Street, Batavia, is charged with conspiracy, 6th, falsely reporting an incident to law enforcement and offering a false instrument for filing. Gray was arrested following a reported incident on Mill Street at 1:47 a.m. on Nov. 9. No further details released.

Robert Vincent Campbell, 32, of Adams Street, Batavia, is charged with harassment, 2nd. Campbell is accused of pushing another person several times in an attempt to engage that person in a fight. The alleged incident was reported at 6:45 p.m. Friday on Prestige Crossing, Batavia.

Lawrence Alan Fuchs, 65, unlisted address, is charged with violating sex offender registry law. Fuchs turned himself in on a warrant.

Thomas John Serra, 39, of Savage Road, Holland, is charged with criminal contempt, 1st, and harassment, 2nd. Serra allegedly struck a person protected by court order with an oil dipstick, causing injury. Serra was jailed on $5,000 cash bail.

Jamie Elizabeth DiLaura, 21, of Lincoln Avenue, Batavia, is charged with petit larceny. DiLaura is accused of shoplifting at Target.

Coaches preach it all the time: Do your 1/11th.

There are 11 men on the field and to execute any play correctly, each player must do his part -- plant his feet right, push in the right direction, make the right cut, run the right route, make the right read, find his man.

Winning football is a matter of dedication, detail and focus.

But on any team, there are guys who do a little more than their 1/11th. They are the captains.

"As a coach, you want to have people in the locker room whom you can use as other coaches," said Brennan Briggs, head coach of the Batavia Blue Devils. "They let you know what's going on. You want that kind of relationship. They need to be those guys who have a sense of leadership and want to make the team theirs so they can self regulate what's going on on the field, in the locker room and in practices to help keep guys on task."

For the Blue Devils, selecting captains is a multilevel process. Team members vote who among their peers should be captain. The assistant coaches give Briggs their input, and then the final decision rests with Briggs.

The captains for the Blue Devils this year  -- the three guys who helped lead Batavia to its first sectional title in 23 years and will suit up in those roles again tomorrow in a game to qualify for state playoff rounds -- are Gunner Rapone (lower left in the photo), James Cryer and Devon Koepp.

Gunner Rapone
Senior, Offensive and Defensive Line
6'4", 260 pounds

Rapone is a staple of the program, Briggs said. He's come up through the ranks and grown and matured as a player each step along the way. 

"He's passionate about the game of football and the kids like him," Briggs said. "He's done a good job of stepping up in the leadership role."

Rapone was born and raised in Batavia. He said his father got him started in youth football and was pretty persistent in seeing he stuck with it.

He's grown to love the game.

Leading this team (Cryer and Koepp said much the same thing) hasn't been difficult. Everybody gets along pretty well and there is a focus and confidence that hasn't existed before.

"There is a family mentality with all the guys," Rapone said. "In the past, we haven't really had a tight-knit group of guys to work with, developing as a team. This year, everyone hangs out with everyone and everyone knows each other. It's like a home away from home."

Rapone said he's enjoyed being a captain.

"I really like being one of those people that others can look up to and look to for guidance," Rapone said. "I like to help others. Being a captain is amazing. It's a fun experience. It's an interesting time."

As for his future, there are some decisions to make. He's interested in criminal justice and law and he's set his sights on the University at Buffalo. He would love to play for the Bulls, but realizes Division I football is a high level to reach. While he's looking at other schools, he said he's not daunted by the task of trying to make the team.

"I don't want my career playing this amazing game to end," Rapone said. "Regardless, I'm willing to put in the time and the effort in all the things I need to do to be able to play."

James Cryer
Senior, Wide Receiver, Defensive End
5' 11", 160 pounds

Cryer is not necessarily the most athletic player on the field, and among the captains, he's not even the most vocal, but what he is is invaluable to a winning team.

Cryer leads by example and contributes by coming up with the big players, whether it's the game-opening touchdown catch or the drive-stopping interception.

"James is very, very coachable," Briggs said. "He does an awesome job. He's not the most talented, but he makes up for that with hard work and a willingness to learn. He's generally on the field both offensively and defensively. He's that guy who kids look up to because he gets the job done."

For his part, Cryer said that, yes, he's not vocal. There are different kinds of leadership he said, and he realized early on that he was named a captain because he could lead by example.

"At first, I was surprised (to be named a captain)," Cryer said. "Then I realized, as I thought about it more, he saw that leadership potential in me and that came more into play when I was named captain."

He said he enjoys the role.

"It means a lot to me that the guys trust me," Cryer said.

Born in Buffalo, Cryer also leans toward UB. He's also looking at Alfred State. He wants to learn computer programming and Web development. He also wants to keep playing football and hockey.

Devon Koepp
Senior, Offensive and Defensive Line
6'3" 265 pounds.

Koepp makes no bones about it. He loves football because he loves being the big man on the gridiron.

"I like hitting," Koepp said. "I love it. I've always loved hitting kids. It's a great feeling when you lay somebody out."

Reading that in print might leave the impression that Koepp is a Dick Butkus in the making, but even as he says that it is a great feeling to "lay somebody out," his demeanor is that of a well-mannered teen. 

He'll knock you down, extend a hand and help you up, and on the next snap, lay you out again, just because that's what linemen do.

"He uses his size and strength to his advantage," Briggs said.

Koepp started playing football at a young age, but soon became too big to play in the youth programs. He had to wait until seventh grade to play modified football.

This is his fourth varsity season.

"He brings that experience," Briggs said. "He knows what it's like to be a varsity player. He's a big strong kid and he can be intimidating. We have our goofballs on the team and he knows how to get them quiet, and gets them focused."

As a four-year varsity player, being part of the Blue Devils team that brought home the first sectional title since 1991 is certainly something special, Koepp said.

"It feels amazing," Koepp said. "It really is awesome. All the work all season paid off. We finally showed something, Batavia, our hometown, we finally showed that we can play and win."

Koepp is drawing the interest of universities in the region for both football and track and field, including St. John Fisher, Hobart and Utica, among others.

"It's really awesome to see all that stuff coming in the mail," Koepp said. "It is a great experience. I'm not sure where I'll go yet, but I'll figure it out."

Batavia (9-1) takes on Cheektowaga (9-1) at 3 p.m., tomorrow, at All High Stadium in Buffalo.

Le Roy (10-0), now the #1 ranked Class C team in the state, takes on Maple Grove (10-0) at noon at the same location.

The winners of each game advance to the state semi-finals.

Both games can be heard on WBTA, on WBTAi.com and on WBTA's smartphone apps.

The Batavian will also cover both games.

A developer seeking to build a senior housing complex in Batavia has filed a lawsuit against the Genesee County Economic Development Center over the board's decision in July to block the project from receiving tax breaks.

The suit alleges that the GCEDC board's decision was "arbitrary and capricious, irrational, an abuse of discretion and affected by an error of law."

The suit calls for a court-ordered reversal of the decision to deny Calamar a public hearing on the project and the proposed tax abatement. 

It doesn't ask the court to actually grant the tax breaks. Typically, the GCEDC board votes on whether to grant tax exemptions after a public hearing. Calamar is seeking to present its project to the public and give the public a chance to weigh in on whether it should receive more than $1.4 million in tax breaks for the project.

Calamar has a contract to purchase 33.4 acres at 3989 W. Main Street Road, Batavia. The development plans call for 110 middle-income apartment units rented exclusively to people 55 and older.

The developer, with offices in New York, Canada, Massachusetts and Nebraska, says it plans to invest more than $11 million in the project.

GCEDC's position is that the lawsuit is without merit. 

Here is a statement provided by Rachael J. Tabelski, marketing and communications director for GCEDC:

The Genesee County Economic Development Center is in receipt of a notice of a file of claim against our organization by Calamar Enterprises as a result of a recent vote by the GCEDC board.

We believe the allegations in the claim are without merit and will be determined by the courts as such.

As this is a legal matter, the GCEDC will have no further comment.

The suit implies that Calamar was misled about GCEDC's willingness to support the project and that the board's decision went both against GCEDC's own policy and prior approvals for similar projects.

The project was first presented to the board by Mark Masse, VP of operations for GCEDC, in February.  Masse said during the meeting, according to a quote in Calamar's petition, that he was looking for feedback from the board. 

Calamar said that GCEDC's attorney told the board that although the project wasn't manufacturing, "This project is authorized and allowable under IDA law."

At a March 6 meeting, CEO Steve Hyde reportedly informed the board that GCEDC had participated in housing projects previously, such as the Manor House and the Jerome Center.

The petition claims that Masse continued to work closely with Calamar officials on project plans and proposed tax incentives in the following months.

At a staff meeting in June, the petition states, Masse gave every indication the project would get a green light.

"At no time during this meeting did Mr. Masse state that the Agency had concerns about the Project or was unwilling to support the Project," the document states. "To the contrary, all statements made and actions taken by Mr. Masse indicated that the Project had the support of the GCEDC, justifying the significant investment of time and resources by Calamar."

The project was put before the board July 10 for approval of a public hearing.

The board voted to deny Calamar a public hearing on the project and Calamar is accusing two board members of a conflict of interest on the project.

Pete Zeliff (mistakenly named "Paul" in the petition,) and Ray Cianfrini both spoke against tax breaks for the project and voted against setting a public hearing.

The conflict arises, according to Calamar, because Zeliff is building a single-family residential project on East Main Road, Batavia, and Cianfrini, also chair of the Genesee County Legislature, sometimes provides legal counsel to Zeliff.

"The agency's mission is to further the development of industries and create jobs and that housing should stand on its own," Calamar quotes Zeliff as saying.

Calamar claims to have been unaware of Zeliff's development interests at the time of the meeting.

To further emphasize the alleged conflict, Calamar quotes from a story published in The Batavian where Zeliff denies there is a conflict.

In that story, Zeliff noted that the two projects are completely different and do not overlap intended housing markets. Calamar is building apartments for seniors. Zeliff is building houses for families.

The petition states, "Zeliff also acknowledged that competition was an issue influencing his vote," and goes on to say that Zeliff voted against the project to protect his own Oakwood Estates development. 

The characterization of what Zeliff told The Batavian is misleading. Zeliff drew the distinction between his own project and said he didn't see Calamar's project as competitive with it, but noted that another senior housing project, Clinton Crossing, has proceeded without government aid and has a waiting list of residents trying to move in. He said the Calamar project, if it received assistance, would have an unfair, subsidized advantage over Clinton Crossing.

Zeliff does not have a financial interest in Clinton Crossing.

The suit also criticizes Zeliff and Cianfrini for misstating how many jobs the project would create. 

Rather than just two jobs, Calamar claims the project would add 4.5 full-time equivalent non-employee jobs (contractors) as well as dozens of construction jobs during the project development.

The rejection, the petition states, was taken "without any findings or reasoning," which Calamar claims is required if the board is going against either past practices or policy.

Calamar is also critical of GCEDC for having a vague Uniform Tax Exemption Policy (UTEP), and notes that the state's comptroller's office had the same criticism of GCEDC earlier this year.

"The Comptroller found that this failure to have formalized evaluation criteria resulted in an inconsistent approach by the Board and a lack of objective evaluation of proposed projects," the petition states.

Calamar claims to have received tax incentives for similar projects in Niagara County, Erie County, Stueben County and Auburn.

There is a great need in Genesee County for such a project, Calamar tells the court. According to the 2010 Census, 28.5 percent of the local population is 55 or older and 23.7 percent is 40 to 55.

The Genesee County Housing Focus Group's strategic plan states, according to Calamar, "senior apartment shortages have been noted as a major concern."

Calamar's project would be marketed to people 55 and older with an annual income of $35,000 to $45,000, and residents would only be those not receiving government housing assistance.

The 117,000-square-foot facility would offer one and two bedroom apartments with rents from $805 to $1,050 per month. There would be a full-time director on site, with events, educational seminars, meals, exercise instruction, home helpers, cleaning services, health system services and transportation offered.

The 33 acres of the proposed project is currently assessed at $166,400. The anticipated increase in assessed value is not stated, but the total value of the PILOT would be $854,580, with Calamar paying 20 percent of the taxes on the increase in assessed value in the first year. Calamar would pay an increasing share of taxes up to 100 percent by year 11.

Other proposed tax abatements are $454,744 on sales tax for materials and an exemption of the $120,000 mortgage tax on the purchase of the property.

The suit claims both Masse and GCEDC attorney Russ Gaenzle were shocked by the board's vote and exhibits include copies of their e-mails.

No hearing date has been set yet for the suit.

A 23-year-old Elba man was taken into custody this afternoon following a pair of traffic collisions and a bit of a police pursuit from Bank Street to Main Street in front of Tim Horton's.

Joseph J. Zambito has been charged with driving while ability impaired by drugs, according to Sgt. Dan Coffey, Batavia PD.

Sometime around 2:30 p.m. police received a report of a vehicle striking a car on Bank Street just within city limits. The vehicle was spotted on Bank Street, Coffey said, and officers attempted to make a traffic stop, but the car continued, turning right onto Main Street.

The vehicle struck another car west of Jefferson Avenue, Coffey said, and then patrol vehicles were able to box in the silver sedan and stop it in front of Tim Horton's.

Following a short investigation, the driver was taken into custody.

Zambito is also being charged with several traffic violations, Coffey said.

Reader submitted photos.

Law enforcement is on scene at the Lewiston Road overpass over the Thruway for "numerous motor-vehicle accidents."

Town of Batavia Fire Police requested to the scene for traffic control.

No injuries reported.

UPDATE 5:55 p.m.: Southbound traffic is completely blocked.

UPDATE 6:07 p.m.: Town of Batavia Fire Police now requested to the Route 98 overpass to assist law enforcement.