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Magistrate rules insufficient proof provided for ex-wife to sue David Bellavia

By Howard B. Owens

A U.S. Magistrate on Wednesday upheld a motion by David Bellavia to remove him as a codefendant in a lawsuit filed by his ex-wife alleging a conspiracy to effect a false arrest by officials in Orleans County in January 2021.

In his ruling, Magistrate Jeremiah J. McCarthy states that Nathan McMurray, the attorney for Deanna King, failed to make the case in his complaint filed with the court that King's arrest in the Town of Ridgeway lacked probable cause.

McCarthy said the complaint lacked the facts necessary to substantiate an arrest without probable cause.

The written opinion is a recommendation by McCarthy to the presiding federal judge, John L. Sinatra, who will issue a final ruling. 

King, according to documents filed in Federal Court, was arrested in January 2021 while she and Bellavia were in the midst of a contested divorce.  The case was eventually sealed by a justice in the Town of Ridgeway, and the final disposition of the case has not been publicly disclosed.

Bellavia, a former Batavia resident, was bestowed the Medal of Honor by President Donald Trump in 2019.  King is a Batavia resident and a broadcast personality in Rochester.

McMurray unsuccessfully ran for Congress three times, seeking a seat that would have included Genesee County. He is currently an attorney associated with Advocates for Justice Chartered Attorneys, based in New York City. He has represented George Maziarz in a lawsuit against Batavia Downs that was eventually dropped. He is also the attorney of record in a lawsuit against the Town of Irondequoit that was recently dismissed. He's reportedly also threatened the Veterans Administration with a lawsuit related to the Route 77 intersection next to the WNY National Cemetery in Pembroke.

In the initial claim written by McMurray on King's behalf, Bellavia is accused of threatening to have King arrested as part of an ongoing communication during their divorce proceedings.  Bellavia was, according to the suit, upset with King because of social media posts.  It alleges that Bellavia "followed through" on his threat by contacting a friend and political ally who works for the major crimes unit of the District Attorney's Office to effect King's arrest.

King claims that Corey Black called her at her home in January 2021 and informed her there was a warrant for her arrest. 

There is no publicly available information on the warrant and which court might have issued it, though the case was handled by the Town of Ridgeway Court. 

In Divorce Court, King and Bellavia were apparently instructed to communicate only about the children using a parenting app called AppClose.

The initial complaint filed by McMurray states:

On January 8. 2021, he (Bellavia) texts, “You are going to get in trouble.” Ms. King never called him, other than her having her son call him after repeated attempts to obtain health insurance information via the parenting application had failed. Accordingly, Ms. King explained on December 31, 2021, “I haven’t called you or had any non-children contact related with you, nor do I have a desire to call you. I only wanted the health insurance information you wouldn’t give.” 

None of the assertions made in the complaint, McCarthy ruled, rise to the level of proof that King was wrongfully arrested and that her civil rights were therefore violated.

"Although King repeatedly alleges that she was arrested and prosecuted without probable cause, she does so only in (a) conclusory fashion," McCarthy wrote. 

Meaning, the magistrate believes McMurray, or King, is concluding that there was no probable cause but doesn't provide sufficient facts to substantiate the claim.

McMurray, via text message, said he disagrees with the magistrate's opinion.

"The court ordered Ms. King to communicate with Mr. Bellavia on a parenting app about the children, which she did," McMurray stated. "Mr. Bellavia, however, continued to harass and threaten her on the app, which is all documented. There was no probable cause to arrest Ms. King, an issue that the court has not ruled on as of yesterday."

McCarthy heard oral arguments in the case on Tuesday and, in his written ruling, was critical of McMurray's presentation and "failure to identify the factual and legal elements of the specific criminal charge against King because the criminal complaint was sealed."

It's unclear from court documents if McMurray or King sought to have her case unsealed, at least for the purpose of providing those documents to McCarthy.  McCarthy indicates the documents were not available to the court and were apparently not reviewed by McMurray.

"How, then, could he allege in good faith that probable cause was lacking?" McCarthy wrote. "By signing the Complaint and proposed Amended Complaint, he certified that 'to the best of [his] knowledge, information, and belief, formed after an inquiry reasonable under the circumstances.”

In making the filing, McCarthy states, McMurray also asserted that  “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.”

McMurray, via text message, said he plans to object to the ruling.

"To explain what was actually decided, the judge did not yet resolve whether it was appropriate for an investigator for a district attorney (in a distant county) working in a major felony drug crimes unit — who was not a police officer and just happened to be the friend of the defendant, Mr. Bellavia — arrested a mom because she asked for a health insurance card for her kids. But we will proceed with our efforts to get answers."

Regarding McMurray's assertion of a "distant county," one of the assertions of King's complaint is that authorities in Orleans County did not have jurisdiction in the matter because neither Bellavia nor King lived in Orleans County at the time of the criminal complaint against King.

Bellavia declined to comment on the matter, but a close associate of Bellavia's said that Bellavia has lived in Orleans County consistently since 2015.

Bellavia's attorneys, Donald W. O'Brien, Jr., and William F. Savino, declined to comment for this story.

According to a prior filing by the attorneys, many of the allegations made in King's complaint raise allegations made during the divorce proceeding and should have been kept confidential.  They also sought to seal a memorandum delivered to the court by McMurray that made new allegations that, the attorneys said, were subject to seal as part of the divorce proceedings. Earlier this month, McCarthy declined to redact and seal those portions of King's complaint. The attorneys have the option to reapply for sealing that portion of the suit.

Orleans County, the Orleans County Sheriff's Office, the Orleans County District Attorney's Office, Corey Black, and "Deputy John Doe" are all named codefendants in the lawsuit, and the complaint against those defendants has not been dismissed.  None of those codefendants have filed answers with the court, and McCarthy issued an indefinite stay of their requirement to respond pending further proceedings in the case.

Wear your school spirit for Mayor, Coach Owen

By Joanne Beck

Friends of Jim Owen are asking that attendees of this Saturday's funeral who work at a school or had Jim as a teacher at school to please wear your school apparel or colors to the service. 

"That is what Jim is all about, he's being buried in the jacket from his obituary picture," friend Michael Marsh said.

The funeral service will be at 11 a.m. Saturday at Northgate Free Methodist Church, 8160 Bank Street Road, Batavia.

For those that can't attend, the service will be livestreamed and available for viewing online

AG Letitia James defends provocative letter to ReAwaken hosts

By Joanne Beck

In covering a lawsuit filed by organizers of the Batavia-based ReAwaken America Tour against Attorney General Letitia James, The Batavian reached out to James for comment Monday and did not hear back before the story was published.

We wanted to know why she felt it necessary to involve herself — a state official — with a religious/political event; what she was hoping to accomplish by issuing the warning; and how she intends to defend her stance given that the event did not include any visible threats of violence as predicted.

An AG office spokesperson said that "As the top law enforcement officer in the state, it is our job to remind any organization or individual about the laws in our state, especially those that protect New Yorkers against racially motivated violence or harassment.”

“The letter from our office served as a basic reminder of those very laws and to suggest otherwise is incorrect,” the spokesperson said.

The office also included a copy of the letter, which The Batavian already had, and included portions in its published story. The full letter can be read below, and outlines the attorney general’s concerns and the foundation upon which organizers Pastor Paul Doyle and Clay Clark, in collaboration with their attorney, used to file the lawsuit against James for defamation, libel and impinging their First Amendment rights, to boil down the lengthy scope of litigation material.

To sum it up, event organizers sued the attorney general, alleging defamation and a violation of their civil rights. She, in turn, is standing by her letter, suggesting it is her right as the state's “top law enforcement official” to send such letters to private citizens. 

Here is the letter in full, dated August 3, 2022, sent to General Michael Flynn and Clay Clark, care of Cornerstone Church in Batavia:

General Michael Flynn and Clay Clark:

As New York’s top law enforcement officer, I have significant concerns that the ReAwaken America Tour’s upcoming event at the Cornerstone Church in Batavia, New York on August 12 and 13 could spur extremist or racially motivated violence.

These concerns center around the event’s proposed dates, which coincide with the five-year anniversary of the deadly Unite the Right rally in Charlottesville, Virginia, and past extremist statements made by yourselves and the other featured speakers on the tour.

I am especially concerned about featured speakers’ regular allusions to white nationalist ideals connected to the “Great Replacement Theory,” a conspiracy theory that warns of white genocide and efforts to replace native born Americans with immigrants. The theory is frequently linked to violent actions, including the racially motivated mass shooting that killed 10 people at a Tops Friendly Markets store in Buffalo.

 Especially in light of this racist mass shooting, and other recent episodes of racially motivated violence in New York and throughout the country, the Office of the Attorney General is concerned that such rhetoric could contribute to violent or unlawful conduct at the ReAwaken America Tour’s upcoming event.

The Office of the Attorney General writes to remind you that New York law prohibits racially motivated violence, harassment, or interference with another person in the exercise of their civil rights.

New York Civil Rights Law § 79-n empowers the Office of the Attorney General to investigate acts of violence, intimidation, threats, or harassment directed at people based on a belief or perception regarding an individual’s race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation. In addition to actual damages, any person who violates this statute can be held liable for $5,000 in penalties for each violation.

Additionally, New York Civil Rights Law § 40-c prohibits discriminating against another person in the exercise of their civil rights — including their right to peacefully protest — based on similar protected characteristics.

Finally, New York Executive Law § 63(12) empowers the Office of the Attorney General to take action against any business engaged in significant fraud or illegality — including the violation of New York’s civil rights laws.

The Office of the Attorney General has a duty to protect New Yorkers from extremist and racially motivated violence. We stand ready to investigate any violation of the laws above and, if necessary, to enforce them to the fullest extent available.

You are therefore instructed to take all necessary steps to ensure that the event complies fully with the requirements of New York’s civil rights laws and all other applicable state and federal statutes.

Your cooperation in ensuring a peaceful and law-abiding event will be greatly appreciated.

Sincerely,

LETITIA JAMES

New York State Attorney General

CC: Cornerstone Church

Photo of NYS Attorney General Letitia James from her website.

Grand Jury Report: Motorcyclist charged with manslaughter in death of teenager

By Howard B. Owens

Christopher R. Scinta is indicted on counts of manslaughter in the second degree, a Class C felony, leaving the scene of a property damage accident, a Class C felony, reckless driving, a Class A misdemeanor, criminal mischief in the fourth degree, a Class A misdemeanor, two counts of obstructing governmental administration, a Class A misdemeanor, obstructing emergency medical personal, a Class misdemeanor, and speeding, a violation. Scinta is accused of causing the death of Jasmyne Rubel at the roundabout in the City of Batavia on Nov. 4. He is accused of leaving the scene of a personal injury accident without notifying police of the accident. He is accused of driving a 2006 Kawasaki in a reckless manner. He's accused of intentionally damaging window blinds in interview room #2 at the Batavia Police Department. He is accused of attempting to interfere with a government official's lawful duty. He is accused of interfering with the medical treatment of Jasmyne Rubel by a qualified first responder. 

Cindy L. Bush is indicted on a felony count of DWI and of aggravated unlicensed operation. Bush is accused of driving drunk on April 24 in the City of Batavia on Ross Street in a 2004 Chevrolet. The indictment alleges a prior conviction within the past 10 years for DWI in February 2015 in the City of Batavia.

David J. Leroy is indicted on a count of criminal possession of a weapon 3rd, a Class D felony. Leroy is accused of knowingly possessing a switchblade knife in the Town of Pembroke on July 25.

Geovanny Lopez is indicated a felony count of DWI, aggravated unlicensed operation in the first degree, a Class E felony, and circumventing an interlock device, a Class A misdemeanor. Lopez is accused of driving a 2009 Ford on the I-490 on Aug. 4 in the Town of Le Roy. The indictment alleges that Lopez was convicted of DWI with the past 10 years, on Dec. 12, 2016, in Yonkers.

Shannon L. Marvin is indicted on a count of grand larceny in the fourth degree, a Class E felony. Marvin is accused of stealing a Discover card belonging to another person in the Town of Bergen during the month of October in 2021.

Batavia Save-A-Lot supports Catholic Charities

By Press Release

Press release:

The Batavia Save-A-Lot recently conducted a holiday food drive in support of local Catholic Charities’ clients needing emergency assistance.

Catholic Charities is planning a parish pop-up event at one of the local churches in the near future to distribute the 72 bags of groceries generously donated by Save-A-Lot to help those in need in Genesee County.

Submitted photos. Pictured are Kelly Grimaldi, district director for Catholic Charities in Genesee, Orleans and Wyoming counties, and Save-A-Lot employees Cheryl and Skarlette, and Kayla, store manager, with the donated groceries.

BPD participating in Polar Plunge for Special Olympics, fundraising goal of $1k

By Press Release

Press release:

The City of Batavia Police Department has accepted the challenge to support Special Olympics New York by participating in the Polar Plunge located at John Kennedy Intermediate on Feb. 10, and has set a goal to raise at least $1,000!

Children and adults with intellectual differences that participate in Special Olympics New York pledge an oath, "Let me win. But if I cannot win, let me be brave in the attempt". Today, the oath has never been truer, and Special Olympics New York athletes need our help!

How can you help? Please take a moment to visit our personal fundraising page and make a donation to help us reach our fundraising goal!

Your donation will help Special Olympics New York continue to provide year-round sports training, athletic competition and healthy living programs. Giving every athlete to experience physical fitness, learn to be courageous, experience joy and meet new friends with Special Olympics New York athletes.

Thank you for considering a donation to this fundraiser! We will continue to update our progress to reaching our fundraising goal and we appreciate the support!

Be on the lookout for our School Resource Officers, Officer Borchert and Officer Stevens on February 10th participating in this event!

If you wish to donate or register yourself to join our team and participate (Batavia Blue Devils), you can click this link. http://events.nyso.org/goto/BataviaPoliceDepartment

Thank you for your support!

City leaders face a tax cap override or 'significant cuts' to 2023-24 budget

By Joanne Beck

City Council has a choice for this year’s budget: vote to override the state-mandated tax cap or prepare to tighten the belt for significant cuts and make ends meet.

That may sound like an ultimatum, but it’s how this year’s 2023-24 budget is panning out so far, City Manager Rachael Tabelski says. She gave a budget presentation to council during Monday’s conference session at City Hall.

Healthcare, inflation, diesel fuel, employee salary and retirement costs are all on the rise, and the tax cap allows a levy increase of $154,000 when what’s needed is $450,000, Tabelski said.

Councilman Bob Bialkowski faced the elephant in the room and asked what happens if the group votes not to override the tax cap, “we raise property taxes?” Or make cuts, Council President Eugene Jankowski Jr. said.

Yes, more likely it would be the latter, Tabelski said: “That would mean significant cuts,” she said to The Batavian after the meeting.

“The tax cap is an arbitrary formula given by the state. You know, the only thought this year was that we can raise this revenue and continue the level of services that have expanded slightly in the last year or so. We have a full-time parking and recycling officer, a full-time ordinance officer, another firefighter that was contractually obligated through a contract signed before I was here,” she said. “To cover those costs, plus health care's up $457,000, retirement costs are up $300,000 … I would say this is this year's request, that the city would do everything in its power to maintain under the tax cap in the future.”

That means that, hopefully, this won’t be a recurring ask, she said. City Council would have to approve the measure by at least a 60 percent yes vote.

Can department heads dig deeper and reduce their budget requests?
“This is the bare bones budget. We've already gone through that process of every department, and they present to me, obviously, what they'd like to see in the budget, and then we cut that back significantly to get to this point,” she said. “This is to maintain the level of employees we have at fair wages and to make sure we can pay social security and health care for those employees. Those are the main drivers, plus the inflationary prices of gas, electric, diesel, fuel, and supplies and materials. So they've already done their value engineering, as we call it. But again, council has budget work sessions that go right through, line by line, each expense and discuss it. And there certainly could be changes that come from that.”

Council members will be going through the budget during the next several weeks to ask questions, make suggestions, and see where other cuts might be made. The one area where Tabelski does not recommend taking from is the unassigned fund balance. That fund is best used as a savings account for future use.

She shared that the fund has grown a bit from an overdue payment from Seneca Power Partners, which had been in arrears with its taxes.

“I will say that we had a payment from Seneca Power of penalties and interest on the tax payments. So my hope is that will really help our unassigned fund balance when we get to the end of the audit year in August,” she said. “But when I do the budget, I don't know that number. I have no way to project what that number is until we get into the audit after the budget books close.”

Other parts of the budget include an extra $275,000 “to reserve funds to prepare to bond for the police facility,” she said.

“So right now, we're putting money into reserves, like our savings, so that we're able to bond when the time comes with the hopes of not having to raise property taxes, and being able to do it within those reserve funds we're putting away right now,” she said. “Kind of like when your car payment rolls off, and you put it into your savings account, and then you lease or buy a new car. You can then use that money in your savings account to pay that new car payment.”

Despite the ominous term of "override the tax cap," the actual tax rate would remain the same, Tabelski said. That would be $8.94 per $1,000 assessed value. She is proposing to raise the water rate by 30 cents. 

Council members will be discussing the budget this month and into February before a public hearing on Feb. 27.

Top Photo: City Manager Rachael Tabelski gives an overview of the past year and 2023-24 budget during City Council's conference session Monday at City Hall; shown with department heads nearby, who have already submitted their "bare bones" budgets for consideration. Photos by Howard Owens.

Suspect in Elm Street shooting maintains his innocence, rejects plea offer, wants trial

By Howard B. Owens
Jeremy Ives

Jeremy G. Ives, accused of firing a shotgun and injuring two people on Elm Street last August, maintains his innocence, said his attorney, Joseph Lobosco, after a hearing where Ives rejected a plea offer from the District Attorney's Office.

ADA Will Zickl said under the terms of the offer, the counts against Ives would be reduced to a single count of attempted assault in the first degree, a Class C violent felony.  Ives, who has a prior DWI conviction, would admit to the charge as a second-felony offender.

He would have been facing a possible sentence of five to 15 years.

In September, a grand jury indicted Ives on counts of attempted assault in the first degree, a Class C violent felony, kidnapping in the second degree, a Class B violent felony, criminal use of a firearm in the first degree, a Class B violent felony, two counts of criminal use of a firearm in the second degree, a Class C violent felony, and menacing in the second degree, a Class A misdemeanor.

If convicted at trial, Ives faces a sentence of nine to 25 years in prison.

Today was the plea cutoff date, the date a defendant can accept a negotiated plea offer. In Genesee County, when a defendant rejects a plea offer on the cutoff day, the case is scheduled to go to trial, and the defendant is unlikely to get a second chance to accept the offer.

Judge Melissa Lightcap Cianfrini scheduled jury selection to start March 20, with a week-long trial expected.

She will hear pre-trial motions on Feb. 15.

The trial was originally scheduled to start two weeks earlier, but the DA requested a DNA sample from Ives, which he provided.

Citing the likely delay while the attorneys await lab results and the subsequent investigation of those results, Lobosco petitioned the court to reduce his client's bail.  It's currently $100,000 cash, $200,000 bond, or $500,000 partially secured bond.

He said that the trial is likely to be delayed further because once the DA's office receives the DNA results, the defense has 30 days to have a DNA expert review the report, and if that expert disagrees with the findings of the people's expert, the DA has 30 days to review those findings, meaning the trial could be pushed back, up to 60 days more.

Zickl opposed modifying the securing order since a two-week delay is minimal.  

Cianfrini denied the motion, but "without prejudice," meaning if it looks like the DNA results report could lead to further delays in the trial, Lobosco can make a new petition to the court for a bail reduction.

ReAwaken organizers, host fight back on what they call 'intimidation,' 'libel,' from AG

By Joanne Beck

Five months after the much-debated and narrowly criticized — mostly by local church groups — ReAwaken Tour hit Batavia, the event still haunts organizers in the form of a letter sent by the state attorney general last August.

After an attempt to obtain a retraction from Letitia James in October, event organizers Clay Clark and Paul Doyle, pastor of Cornerstone Church in Batavia, took legal action and filed a lawsuit against the top law enforcement officer on Jan. 20.

“Mr. Clay Clark and I obtained an attorney and filed a Federal complaint to Attorney General Letitia James in October 2022 giving her an opportunity to make a public retraction of her statements made in the letter sent to us, as they were not founded upon truth or evidence, but rather theoretical discourse, and were issued with ill intent to cause fear, intimidation and harm to Clay Clark, Cornerstone Church and myself,” Doyle told to The Batavian. “Her job is to protect The People of New York, not vilify, entrap, or create false propaganda to inhibit our pursuit of life, liberty and happiness.”

He was unable to speak further at the time but has said he will do so at some point. Meanwhile, The Batavian has obtained a copy of the letter and lawsuit, filed solely against James for her August letter pursuant to the New York State Human Rights Law, New York City Human Rights Law, and New York State Civil Rights Law for “negligence, defamation, libel, and discrimination on the basis of race, color, religion, and political affiliation.”

Plaintiffs include Paul Doyle, senior pastor at Cornerstone Church, 8020 Bank Street Road, Batavia, and Clay Clark, coordinator and organizer of the Reawaken America Tour, Oklahoma.

“Specifically, plaintiff alleges that the Defendants negligently, wantonly, recklessly, intentionally, and knowingly sought to and did deprive them of their constitutional and civil rights, pursuant to the above-named statutes and causes of action by committing acts to deprive Plaintiffs of rights secured by the Constitution of the United States and the State of New York,” the suit states. “Further, Defendant James negligently, wantonly, recklessly, intentionally, and knowingly published multiple false statements to multiple media outlets to mar the reputations of Pastor Doyle and Clay Clark, to provoke objectionable opinions in the minds of members of the community to expose plaintiffs to hatred, contempt, and aversion.”

The Tour had originally been scheduled for a venue in Rochester last summer, but as controversy and protests grew louder, it was canceled. Doyle then agreed to host the event at his church campus on Bank Street Road, which drew similar protests, fear and claims of violence related to white supremacists. About two weeks before the event occurred, James stepped in and sent a letter that began by introducing herself as “New York’s top law enforcement officer.” It was addressed to General Michael Flynn and Clay Clark, and copied to Cornerstone Church.

“I have significant concerns that the ReAwaken America Tour’s upcoming event at the Cornerstone Church … could spur extremist or racially motivated violence,” James said. “These concerns center around the event’s proposed dates, which coincide with the five-year anniversary of the deadly Unite the Right rally in Charlottesville, Va., and past extremist statements made by yourselves and the other featured speakers on the tour.”

The letter can be considered nothing less than “an attempt to covertly intimidate and threaten the plaintiffs into shutting down the event,” the suit states. James makes numerous statements that are “facially incorrect, libelous, and covertly threatening towards both Plaintiffs. Her actions are politically motivated and the concerns Ms. James relays in her letter are a cloak for her passive threats to prosecute plaintiff Doyle, Clark, and others associated with the event strictly for their political views,” it states.

Her letter was not the only tool for either dissuading the event from happening or expressing strong concern about it. Local church and nonprofit groups formed a coalition to protest, speak out, carry signs and hold a vigil in efforts to lessen the strength of what they perceived to be a dangerous event about to take place. Their concerns overlapped with those of James, including racism, white supremacy, violence, discrimination, and an overall violation of civil rights.

James’ letter continued on to remind the organizers that New York law prohibits “racially motivated violence, harassment, or interference with another person in the exercise of their civil rights,” and that Civil Rights Law 79-n empowers her office to investigate acts of violence, intimidation, threats, or harassment directed at people based on a belief or perception regarding an individual’s race, color, national origin, ancestry, gender, religion, religious, practice, age, disability, or sexual orientation.

“In addition to actual damages,” she continues, “any person who violates this statute can be held liable for $5,000 in penalties for each violation.”

The lawsuit also alleges that James’ “reckless threats” to prosecute the plaintiffs along with her inferences towards racial discrimination and fraud associated with the church and the event were publicized in numerous media outlets and which have injured Pastor Doyle’s reputation, that of his church, and the reputation of Mr. Clark as well.

“As a result, Pastor Paul and Cornerstone Church now have a smear against their names which has created a suspicious taint on the relationships they have worked diligently to develop,” it states. “Yet, despite its years of sacrifice and service to the community and its youth, Ms. James decided to forego any reasonable inquiry into the church to verify her alleged concerns, as required of her as the top law enforcement officer.”

Item #55 cites the Supreme Court, “that speech critical of the exercise of the State's power lies at the very center of the First Amendment,” and as a result, "a section 1983 claim will lie where the government takes negative action against an individual because of his exercise of rights guaranteed" by the First Amendment.

“The plaintiff in this action has an undeniable right to associate and speak freely in accordance (with) the First Amendment,” it states. “The letter sent by the Defendant was meant to intimidate and harass the Plaintiffs into not exercising these rights through government coercion and veiled threats of investigation and prosecution into Pastor Paul and Cornerstone Church, Clay Clark, and the ReAwaken America Tour.”

The organizers, via the lawsuit, accuse James for taking actions that “constitute a blatant abuse of authority” that’s been granted to her by the state.

The Attorney General's Office did not immediately respond to The Batavian with comment.

Top File Photo: Pastor Mark Burns prays for Attorney General Letitia James after she sent a letter warning organizers about hosting the tour in Batavia; General Michael Flynn offers a message during the two-day event; Pastors Lee and Paul Doyle talk to the crowd under the tent alongside Cornerstone Church in August 2022. Photos by Howard Owens.

Accident reported on the Thruway in Batavia

By Howard B. Owens

A motor vehicle accident is reported on the Thruway with injuries at mile maker 393 in the eastbound lane.

Town of Batavia Fire and Mercy EMS dispatched. 

UPDATE 3:44 p.m.: One lane blocked. One patient with a possible leg injury.

Photo: Winter scene behind the courthouse

By Howard B. Owens

It was a white world in Batavia this morning, with snow still clinging to tree branches, piled on the ground and nearly white, overcast skies, including along the Tonawanda Creek behind the County Courthouse.

Free program to improve body and mind offered this week at OFA in Batavia

By Press Release

Press Release:

The Western New York Chapter of the Alzheimer’s Association will offer a free event Tuesday in Batavia about how healthy habits can improve both the body and the mind.

“Healthy Living for Your Body and Brain” will take place from 2 to 3 p.m. on Tuesday at the Genesee County Office for the Aging at 2 Bank St. in Batavia. The program will cover four areas of lifestyle habits that are associated with healthy aging: cognitive activity, exercise, diet and nutrition, and social engagement.

Participants will learn, based on current research, the steps they can take now to improve or maintain overall health in each area and use hands-on tools to help incorporate these recommendations into a plan for healthy aging.

Registration is recommended and can be done online HERE or by calling 800-272-3900.

To learn more about Alzheimer’s disease or other dementias, call the 24/7 Alzheimer’s Association Helpline at 800.272.3900 or visit alz.org.

Grand Jury Report: Man accused of child sex abuse in Batavia

By Howard B. Owens

Ronald M. Washburn is indicted on a count of sexual abuse in the first degree, a Class D violent felony, and one count of course of sexual conduct against a child, a Class D felony. Washburn is accused of sexual contact a child less than 11 years old in the City of Batavia at least two or more with between February 2018 and April 2018.

Donald A. Dylag, Jr. is indicated on one count of assault in the second degree, a Class D violent felony. Dylag is accused of, with intent, causing serious physical injury to a person in Pembroke on Aug. 9.

Batavia Rotary Club announces winner of 2023 Corvette Raffle

By Press Release

Press release:

The major fundraiser for the Batavia Rotary Club concluded with the grand prize drawing Saturday night, but the real winners are the many local organizations that receive support from Rotary all year long. 

"This is the major fundraiser that allows our club to make so many contributions to the community, such as $18,000 in college scholarships to area students each year," said President John McGowan.

Rotary is also contributing $250,000 toward the Healthy Living Campus under construction on Main Street, a joint project for the YMCA and United Memorial Medical Center.

Most recently, Rotary has offered a $150,000 matching pledge for the renovation of the local hospital's Intensive Care Unit, McGowan said.

Rotary's motto is Service Above Self, he explained.  Rotarians actively engage in projects to improve the local community. 

"Fundraisers like this Corvette event are critical for helping us help others," said Lisa Ormsbee, who co-chairs the event with Laurie Mastin.  Once again a Corvette or $50,000 is the prize.  The winning ticket that was drawn Saturday belongs to John Kinsella. 

In addition to the grand prize, there are 10 additional prizes of $500 each, Mastin explained.

Those winners are:

  • Tom Mazurkiewicz
  • Dan Ireland
  • Todd Bender
  • Vincent Bucciferro
  • Paula Wortzman
  • Bobbie Griffin
  • John Green
  • Nicolas Roth
  • Daniel D'Amico
  • Mine VanDenwere

Submitted photo:  Woman on the left, unidentified, with Laurie Mastin, co-chair of the fundraiser, and Rotary Past President Marlin Salmon. 

Genuine, kind, indelible: Jim Owen left a lasting impact on Batavia

By Joanne Beck

For any new journalist not familiar with Jim Owen, he quickly became ‘that guy who showed up again’ to local events, and became a beloved and indelible character amongst local media and citizens alike — dubbed the Mayor of Redfield Parkway for his advocacy and presence on that westside city street — and was a knowledgeable and popular fixture of Batavia and even during his brief stay at Crossroads House, where his rest was often sprinkled with phone calls and visits from friends, students, school staff, musicians and his cat Rosie.

His investments were large — from providing buckets of history about the city and school district, its buildings and bells and notables, to celebrating and helping to fund upkeep of the newly named Frank E. Owen High School Auditorium for his father’s contributions to the early beginnings of the music program, and filling a portion of GO ART! with local memorabilia — Jim Owen was practically a household name for many.

After a months-long, hard fought battle with cancer, the former and formidable teacher, coach, advocate, supporter, neighbor, historian, friend and smiling face at so many city events, Jim, 79, succumbed to the ill effects on Thursday, Jan. 19, 2023.

Just take a look at his Facebook page, and one can get a glimpse at the love and admiration he drew from the community. And just as a tree’s roots draw water into the soil and strengthens its foundation — so too has the community been shored up by what it has drawn from the likable Jim Owen.

There were many lucky ones who got to know the Mayor more deeply, including longtime Redfield neighbors Rich and Linda Conroy. Friends, yes, but more so, they became family over the years, Linda said. Jim would come over for holiday gatherings, and they exchanged a lot of inner circle stories and jokes, she said.

“Jim liked to tell the story about how he lived with three women in Sackett’s Harbor when he was a young man right out of college,” Linda said. “Of course, he then would explain that the women were elderly, and he was just renting a room!”

As most people grew to know Jim’s sense of humor and quick wit, they would hear his quips, such as when he told Linda that he was paid weekly. “Very weakly,” he’d joke.

“Also, he liked to tell us about how long of a commute it was for him when he was visiting our house across the street,” she said. “‘You gotta have a little sense of humor,’ he would often say.” 

One of her all-time favorite memories is when he attended her daughter’s graduation party when he was a substitute teacher at the city school district in 2006. All of her daughter's friends were “fascinated” that Mr. Owen was the Conroy’s neighbor.

“The kids kept saying how ‘cool’ it was,” Linda said.

Of course, not to leave his beloved late sister Kathy out of the picture, there was an old photo posted online taken 50 years earlier that tagged Jim, and some ladies had replied how handsome he was, which seemed to bother his sibling. One had even commented about what a “hottie” Jim was, to which he couldn’t stop talking and smiling, “which annoyed his sister even more,” Linda said.

Perhaps one of his biggest claims to fame was having taught the current state Governor Kathy Hochul in typing class as a teacher in Hamburg. Hochul, while a member of Congress, visited Batavia and attended a Muckdogs game with Jim, and more recently reached out to him with encouraging words by phone and through email.

"Jim Owen had a profound impact on me, my siblings and countless others as a teacher and coach at Hamburg Central Schools. Always upbeat and encouraging, I was proud to call him a friend later in life, and I will always remember our conversations, including earlier this fall and shortly before he passed,” Hochul said. “I am thankful to have known Mr. Owen, and I send my deepest condolences to his family, friends, and all who knew him - he will be dearly missed."

Jim was also friends with state Assemblyman Steve Hawley, who first met him as a senior summer parks program counselor. Jim coordinated all of the kids coming to Hawley’s farm to build a float on one of the hay wagons for the summer parks parade.

“He liked to talk about that often,” Hawley said. “His Father, Frank Owen, was the music director when I was in Batavia High Choristers. He and his sister Kathy were insurance clients of mine, and Jim bought new vehicles often and was always reminding me that he wanted the best prices possible because, as a retired school teacher, he was on a fixed income.”

Hawley was also aware of Owen’s mayor title, due in large part to his work to get stone pillars at Redfield and Main Street refurbished.

“He was very interested in young people, history and politics. Although a fairly conservative-minded individual, he was always supportive of his former student at Hamburg High School, Kathleen (Courtney) Hochul, when she became Congresswoman, Lieutenant Governor and eventually Governor,” Hawley said. “As Jim’s health declined recently, a friend called me and wondered if I could get word to the governor that Jim’s time was dwindling and his spirits would be buoyed if she could call him ‘one last time.’ I had a very down-to-earth and reminiscing talk with him, and he mentioned that his former student ‘Kathy’ had called and how much he appreciated it. He seemed at peace.”

Jim was as consistent as he was gregarious. Always ready with a word or two in exchange for a greeting, he often liked to share special moments in his memory: when he taught Gov. Kathy Hochul in high school typing class, met up with a bunch of students for a chat, golfed with R. Stephen Hawley Sr., the current state assemblyman’s father, and even how he gave “that scoop” to a reporter. He seemed to love sharing those memories with the people who knew them best, as he also peppered his days with offering nuggets of information, history, and knowledge that he wanted to impart.

Batavia Middle School teacher Sarah Gahagan knows well of Jim’s giving spirit. In fact, she learned more interesting tidbits from him than from anyone else in the world, she said. And, “oddly enough,” they weren’t always in the form of an actual conversation.

“On many occasions, I would walk in my classroom and find a large manilla envelope lying on my keyboard. I immediately knew who it was from and couldn't wait to rip it open and see the next topic I would be learning about,” Gahagan said. “Packets of information on various topics — ranging from the history of Barbie dolls to the origins of my son's name, Grant. Jim was insistent I learned everything possible about Ulysses S. Grant. Jim enjoyed researching, highlighting the key points and even leaving little notes in the margin for me. 

“I LOVED finding these envelopes. They made my day. I hung up a picture he printed for me on my bulletin board — never thinking he'd notice — literally the next time he saw me, he commented on it. To this day, I have no clue how he knew it was there,” she said.

She learned a lot about the mysterious bell that Jim kept talking about and wanted desperately to uncover and bring out for all to enjoy. He kept on about it for quite some time.

“Well, it didn’t happen quickly,” Gahagan said. “He would laugh and joke and mentioned it quite a bit. And I mean quite a bit. Again, persistent to get someone to listen. Well, low and behold, they did, and this was a great day. I loved seeing this mission of his come to fruition.”

And in turn, Jim supported every endeavor that she pursued. He would hang out at the middle school, give fist bumps and tell stories and corny jokes that made even the toughest kids crack a smile, she said.

"He was a genuine person who truly cared for the kids. He took time to make those personal connections that sometimes fall to the wayside,” Gahagan said. “Watching Jim's interactions was always a pleasant experience. Jim treated everyone with kindness and received the same respect back in return.  The students truly enjoyed engaging with him.  Jim was always himself: caring, engaging, friendly, and a true friend to all; it's a trait I always admired in him. He had some clutch lines that were a staple before breaks and holidays, and although predictable in nature, oddly enough, they never got old.” 

It didn’t seem to matter, whether it was students, teachers or administrators, Jim got along with them all. Superintendent Jason Smith posted a message online for the city school district community, and a concert was performed in memory of Jim on Thursday. Smith also shared some thoughts with The Batavian about Jim, who he believed to be “a class act and a man of high character, dignity, and humility, and coupled with a razor-sharp sense of humor and compassion for others — he is an educator’s educator.”

“I first came to know Jim as a family friend at Horseshoe Lake many years ago, and then while in college, I worked for Jim as his lifeguard. He was always proud that I was ‘his’ lifeguard, and he and I would always joke about that—and Jim—with classic Jim humor—would credit himself for my success,” Smith said. “When my children had him in school as a sub—and they loved having him as a sub like all the other Batavia students—he would always be sure to share with them our lifeguarding story.

Smith said, as have so many others, that Jim has been so “truly beloved” by the Batavia district. Smith saw that firsthand during the Frank E. Owen Auditorium dedication last summer.

“I saw that loud and clear when he was swarmed by students,” Smith said. “It was such a heartfelt and genuine moment between a teacher and his students -- something I will never forget. Jim was so proud when the district named the auditorium after his father, and in his true, humble nature, he was quick to credit all those music teachers that came after his father for the success of music at BCSD.

“He gently prodded us to push forward with restoring the bells at the Middle School, and I know how thrilled he was with that project,” Smith said.

District Clerk Britt Witkop got to know Jim when passing him in the hallway or when spending a few minutes talking history with him, she said. He was a “solid dedicated part of the Batavia community and our school district” as a substitute for many years, and truly loved being part of the school system and enjoyed the students, she said.

“He always said that as a substitute, he did his best to keep the class aligned while the teacher was out, and to be a role model to the kids as well as listening and learning from them. He often said the kids taught him a lot about technology, and I could tell he appreciated that because he loved to learn,” Witkop said. “He had a strong sense of honor towards his parents, something we don't always see, which I felt was an admirable quality about him. Over the years, I got to see Mr. Owen more often, and we would talk whenever he came to sub at the high school. I enjoyed my time with him and learned a lot. When you got to know Mr. Owen, you could tell he was a hard worker and genuine person.”

When Jim became sick last year and visits decreased, there was a palpable emptiness that was felt at the district, she said, as “all of us had become accustomed to his presence.”

“Mr. Owen changed so many lives for the better, and I, as well as many others, will truly miss him. I feel lucky to have had him in my life,” she said. He was loved by more people than I think he could have ever imagined. Rest in Peace, my friend.” 

Probably even Jim would be ready for a chuckle right about now. How about it, teacher Allison Chua? Jim liked to tell a weekly joke: since he has been so good, he suggested that she was going to give him the next two days off. A joke he always told on Fridays, Chua said.

That’s how Jim was, she said: lively, positive and engaging. During visits to see Jim in December, she unabashedly shared that “we love Jim” and “our children love Jim,” and explained why.

“I feel honored to be asked to write a message about Jim Owen. I admire him for all that he means to BCSD and to our town. Jim always shows love for the people around him. When Jim would sub here, he would make a point to stop by rooms, peek in, and check in ‘Hey, how are you doing? You are looking great today!’ He made jokes with the kids and taught us all lessons about Batavia and life in general,” Chua said at the time. “He loved music, and (me) being a mom of music kids, he was the first to compliment both my sons on their performances and talents, acknowledging the amazing music teachers here at BHS. He came to the productions and made every kid feel like the star.”

Her son Aden, who is quiet and reserved, loved talking to Jim, who would first ask, “how are you, young man?” turning to his mom and asking, “who is this, your sister?”

“I would laugh, and I would say big age gap,” she said. “Jim showed this community what Batavia meant to him and his family. His pride makes us all a little more proud. I am so glad my children have memories with Jim Owen.  Jim's heart was open, and his love for this community is an inspiration. He makes me want to ‘Be Like Jim.’ The support that surrounds him is a testimony of a life well lived and a man well loved.” 

The love of the arts went well beyond music in the Owen household.  His sister, who passed away in 2019,  was an accomplished photographer.  Natalie Owen, his mother, was president of the Richmond Memorial Library Board of Trustees.  Robert Owen, his brother, was an author and actor.

Owen leaned heavily into athletics and admitted he had no artistic ability himself but he was always a firm supporter of the arts.

Based on his support of GO ART!, the nonprofit arts facility hosted an exhibit of Kathy’s photography in 2019, and in 2021, the room that had held the exhibit was dedicated as the Owen Library in honor of Frank Owen and Kathy Owen, complete with a white baby grand piano and a collection of art books.

Gregory Hallock, executive director of GO ART!, said he first met Jim Owen in 2017 during “small business Saturday.”

Jim stopped in to buy some art, “and of course, he haggled us down on their prices," Hallock said. “I helped him carry the pieces out to his car, and he said, ‘Let me be the first Mayor to wish you a Merry Christmas’ and gave me a box of chocolates."

Hallock and Owen grew close while working together to make the Owen Library a reality, and Owen shared something with Hallock that he rarely talked about in public: He was adopted by Frank and Natalie.

“Jim loved all children, and they all loved him back," Hallock said. “But he had a special connection with my children. He told them that he was just like them. He was chosen. My children are my everything, and he is right, they were chosen. I do not walk around saying they are my adopted children. They are my children, plain and simple. Jim and his siblings were chosen as well. This is not something he told most people, and I feel so incredibly humbled that he felt comfortable sharing this with my kids and me. My children loved him. I loved him.”

Batavia is a city of characters, and Jim Owen was one of its most distinctive and memorable characters, author and screenwriter Bill Kauffman said.

He was only nine when Jim was supervisor of MacArthur Park and coach of Kauffman’s Midgets baseball team.  That forged a relationship and opportunity to see Jim Owen’s passions.

“Jim loved Batavia. He loved everything about it. He loved its history. He loved Redfield Parkway. He loved the city schools,” Kauffman said. “Although he liked to joke about how tight he was with the dollar, Jim was generous with his time, his energy, his attention, and his overflowing affection for his hometown.”

Howard Owens, publisher of The Batavian and, in one of Jim's enduring jokes, Jim’s "older brother" (Owens was born in 1961, the year Owen graduated from BHS), was visiting Jim at UMMC, and it was right after Gov. Kathy Hochul and her brothers had called him along with some of their classmates he coached while teaching in Hamburg.

“He is very proud of both his connection to Batavia and Hamburg,” Owens said.  “He said, ‘I have dual citizenship. I'm a citizen of Hamburg and a citizen of Batavia.’”

Former newspaper Managing Editor Mark Graczyk had conducted a Q&A interview with Jim about 15 years ago and recalls how “very gracious” his interviewee was.

“He showed me his extensive baseball card collection and shared memories of when his father Frank, who was music director at Batavia High School,  was able to bring the march king John Philip Sousa to the high school in the 1920s,” Graczyk said. “Jim also shared Backward Glance's historical photos with the paper and helped me with some of the stories I wrote for my Hidden History blog. Sometimes he would stop in the office to offer story ideas or just to shoot the breeze. He was always friendly and encouraging. A great guy and much loved in the Batavia community.”

Don’t be surprised if, at some point in the warmer future, the city school district has a frozen treat day. But not just any frozen treat, and not just any colored frozen treat. It will be an orange popsicle day in memory of Jim if it happens. Gahagan only learned of this ritual while spending more recent time at Crossroads House, she said.

Not typically encountering a grumpy Jim Owen, she discovered that he could get rather feisty over a few particular things — orange popsicles being one of them. He would have the treat to help mask the bad taste of his medicine.

One of the kind nurses said Ok, Jim, red or purple today?  ORANGE, he said firmly. She laughed and said, you already finished the orange, I checked.  Red or purple?” Gahagan said. “ORANGE he said again. He ended up with red that night, but I made sure I bought two boxes and delivered them in the morning, and told them the orange are for Jim and anyone else can have the rest.”

She has suggested to the superintendent that “an orange popsicle day in honor of Jim would be nice.”

This reporter is going to break from my role for a moment to share how glad I am to have spent some time with Jim on a recent visit to Crossroads House. He was a bit tired but wanted to engage, ask questions, talk, and listen as I read items from around his room and shared about the blizzard that hit the county.

As I was about to leave, he firmly held my hand and asked if I could stay a little longer. Yes, Jim, I can stay. I’m not so sure it was anything about me personally as it was about his need to be with people. That was the Jim Owen I’ve known since the day we met. And there wasn’t a time that we spoke that he didn’t remind me about giving me a little scoop for a story, and eventually admitting that it got him in some hot water. But, he said, it was the right thing to do.

And there you have it, two principles of Jim that I believe so many people grew to admire: his love of people and his kind ways of wanting to do the right thing. He will be remembered. He will be missed. And he will leave a mark on the City of Batavia and the hearts of its citizens. Good night Jim, may you be in peace.

Top Photo of Jim Owen with his proclamation from City Council deeming him as Mayor of Redfield Parkway, with his cat Rosei during a visit to Crossroads House, with Linda Conroy, wearing his Thanksgiving hat, with his sister Kathy, and another favorite Kathy, Gov. Kathy Hochul, accepting the Mayor proclamation from City Council President Eugene Jankowski Jr., with the late Stephen Hawley Sr., who he apparently reminded at the 18th hole that they were tied because Hawley had "forgotten" a few strokes; with teacher Sarah Gahagan, at the new Frank E. Owen auditorium sign with students and Superintendent Jason Smith and Principal Paul Kesler; getting a visit from Aden Chua, at GO ART!, with Sarah Gahagan at a sporting event, with Kathy Hochul at a Muckdogs game; and in his neighborhood. Photos are by Joanne Beck, Howard Owens, and submitted.

Woman accused in dog OD case goes to courthouse, leaves before case is called, warrant issued

By Howard B. Owens
Cassandra Elmore

For the second-straight scheduled court appearance, and the fourth time since her arrest, Cassandra Elmore was a no-show in City Court on Friday afternoon.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June.

The 30-year-old Batavia woman did make her way to the courthouse building today but disappeared shortly after speaking with her defense attorney, Assistant Public Defender Jamie B. Welch.

A warrant will be issued for her arrest at 2 p.m. on Monday if she doesn't appear in court before then.

A similar warrant -- with a 48-hour stay -- was issued after she failed to appear on Dec. 16. There was never a press release about her arrest on the warrant, but her name did appear on the court calendar for today's appearance.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Elmore has promised that once her legal case is resolved, we will get "the real case."

A hearing on motions in the case was scheduled at her last appearance.  

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Since her initial arrest, Elmore has also been charged with criminal possession of a weapon, obstruction of governmental administration, aggravated unlicensed operation 3rd. 

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