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It was a perfect summer day for the opening of the Downtown Public Market in Batavia. Of course, rules were in place requiring masks and social distancing.

Public Health COVID-19 Update for June 5, 2020

For spring athletes, they lost their seasons, and they lost many of the senior-year traditions, such as Senior Night. Rich Hannan, athletic director for Byron-Bergen, organized a parade through the county in their honor.

Statement from Chief Shawn Heubusch, Batavia PD:

Due to the ongoing events that are unfolding across our country and within our region I have received questions about the Department's use of force policy and what is done to ensure that our police officers do not abuse their authority or use excessive force.

Attached is the Department's Use of Force Policy that every member of the City of Batavia Police Department receives training on annually. The policy adheres to all Local, State and Federal laws, guidelines and follows best practices. The policy puts human life above everything and ensures that every member has a duty to intercede in situations where the use of force of another officer is clearly beyond that which is objectively reasonable under the circumstances present at that time. Each situation is unique and officers are asked to make split second decisions to keep the public safe.

I am proud of each member of our Department, they discharge their duties in a professional, compassionate manner each and every day. Your police officers are well trained, well equipped, caring community-oriented individuals that work extremely hard to bring peace to chaotic situations and serve the public with the utmost. I am also very grateful for the community support that we receive from the vast majority of our residents and business owners. Together we make the City of Batavia a better place to live, work and play.

Take Care!
Shawn Heubusch
Police Chief

Use of Force Policy (PDF)

Also, we discussed the use of force policy in this interview:

Police were dispatched to Ellsworth Avenue in the City of Batavia for the report of a large fight.

The initial dispatched included a report of "shots fire" but a responding police officer, once on scene, said, "no firearms involved."

Ellsworth is between Ross and Summit streets.

In a bankruptcy filing, JCPenney has announced its closing 30 percent of its 856 stores, including its Batavia location.

The company, which has been struggling financially for years, filed bankruptcy in Federal Court on May 15.

The stores that are closing -- which presumably include the Batavia store -- will hold liquidation sales once pandemic-related regulations are lifted.

Other stores closing in New York:

• Auburn: Clark Street Road
• Oswego: State Route 104
• New Hartford: Sangertown Square
• Rome: Erie Boulevard West
• Canandaigua: State Route 364
• Syracuse: Destiny USA Drive

For more: USA Today.

Press release:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 192 positive cases.
    • The new positive individual resides in Pembroke.
    • The person is in their 50s.
    • The new positive case was not on mandatory quarantine prior to testing positive.
    • One of the previous positive cases has recovered and has been released from mandatory isolation.
    • Zero of the total active positive cases are hospitalized.
  • Orleans County received zero new positive cases of COVID-19, for a total of 238 positive cases.
    • Two of the previous community positive cases has recovered and has been released from mandatory isolation.
    • Seventeen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
    • We are sorry to report the death of one of our county residents. The individual was a resident of The Villages of Orleans Health and Rehabilitation Center. We extend our deepest condolences to the family and friends of these individuals during this very challenging time.

Press release:

New York State Senator Mike Ranzenhofer (SD-61) endorsed Chris Jacobs for Congress (NY-27) today.

“I have had the honor of serving with Chris Jacobs as a State Senator for four years now, and I can say with all sincerity he has always put the needs of Western New York at the forefront of his agenda," Senator Ranzenhofer said. "Chris has served our state and our region with integrity and dedication, and he cares deeply about the men, women, and families of Western New York.

"I can think of no one more qualified or more prepared to fight for us as our next Congressman, especially at a time when we are in dire need of conservative leadership in Washington. I am proud to endorse Chris Jacobs for New York’s 27th Congressional District.”

“I am deeply grateful to be endorsed by Senator Ranzenhofer," Jacobs said. "It has been a pleasure serving in the Senate and representing Erie County with him; he has always been a strong, dedicated advocate for our region, and for our conservative values.

"I have been honored to serve Western New York in the Senate and I look forward to fighting for our region in Congress in June and ensuring that we restore strong conservative leadership to this seat. Senator Ranzenhofer’s support makes me confident we can develop a strong coalition of local leaders to ensure a bright and prosperous future for Western New York.”

Jacobs is also the only candidate to receive the endorsement of United States President Donald Trump, House Republican Leader Kevin McCarthy (R-CA), House Republican Whip Steve Scalise (R-LA), Congresswomen Elise Stefanik (R-NY), Former Congressman Jack Quinn (R- NY), NYS Senator Patrick Gallivan, NYS Assemblyman Angelo Morinello, NYS Assemblyman Mike Norris, and Erie County Sheriff Timothy Howard.

A Batavia resident was among protesters on Main Street this afternoon but in his attempt to document his participation, he shot video of the Genesee County Jail.

That drew the attention of local law enforcement. He said he was approached by a Batavia police officer and a corrections officer and asked not to take photos of the jail. He said he told officers he was in a public place and could photograph anything visible to the public. He indicated officers didn't pursue matters further and he said he would continue to carry his sign and take video of the jail.

Press release:

Today, New York Lieutenant Governor Kathy Hochul announced her endorsement of Nate McMurray for the Special Election on June 23rd. Hochul represented this district from 2011-2012 after winning a special election to fill the seat prior to redistricting in 2012. 

Lieutenant Governor Kathy Hochul said, “I believe Nate McMurray will be successful based on the Democratic values he espouses and his track record advocating for the working families and farmers that make up this region.

"I know this district well and am confident that Nate will be a strong representative for all Western New Yorkers when he gets to Washington. We have a critical opportunity on June 23rd to send a national message to Trump and GOP insiders before the General election in November.” 

“I’m very proud to have Lieutenant Governor Kathy Hochul's support once again," McMurray said. "Kathy Hochul has long been a champion for women and families across New York. I look forward to getting to work in Washington and partnering with public servants like her to improve the lives of all New Yorkers and all Americans."

Story by Pete DeLea, of the Daily News-Record of Harrisonburg, Va. Republished with permission.

A Virginia man shot and killed by New York police last week became radicalized over the years, had a deep hatred for government and police, and was likely planning a large-scale attack, according to several law enforcement sources.

Over the course of three days last week, police say, FBI agents found a stockpile of firearms and pipe bombs in Joshua Blessed’s car and at his home in Rockingham County.

Sources say police and federal agents were aware of the 58-year-old, also known as Sergei Jourev. The FBI and Virginia State Police sent out bulletins to local law enforcement about Blessed’s extreme views and potential danger to police.

Rockingham County Sheriff Bryan Hutcheson said deputies had minimal dealings with Blessed in the past, but nothing that was criminal. He said he’s thankful no one was injured in New York or locally.

“We found out a whole lot more about him. You’re talking about a true extremist,” Hutcheson said. “He was a dangerous individual. You’re talking about someone that was serious about committing violence … some kind of terrorism.”

Calls to the FBI were not returned.

The investigation into Blessed began shortly after 8:30 p.m. on May 27, when a Le Roy police officer attempted a traffic stop on Blessed’s tractor-trailer on Route 5 in the Village of Le Roy.

Blessed took off while an officer was on the truck’s side rails. A pursuit ensued and it eventually included multiple police agencies.

He continued into Livingston County. Blessed opened fire, shooting four police vehicles. Police say one vehicle alone received 10 shots.

Police returned fire, striking him multiple times. Blessed died at the scene.

Officers say Blessed worked for Harrisonburg-based trucking company Yurman Express and was headed to New York to pick up dairy products.

During a press conference on May 28, Livingston County Sheriff Thomas J. Dougherty said no police officers or civilians were injured.

“I would call it a miracle. I have no clue how nobody was hurt. He fired a lot of shots, and we fired a lot of shots,” he said, adding that one bullet entered a police car and struck the driver’s side headrest. “If he wasn’t ducking, it would have been right to his head.”

Following the shootout, Dougherty said, investigators began to focus on figuring out why Blessed did what he did.

Joined by the FBI, multiple law enforcement agencies turned their attention to Blessed's social media posts, which they say included troubling statements regarding his religious and anti-police views.

A YouTube video he posted showed snipers on roofs during a Second Amendment rally in Richmond on Jan. 20.

Under the video, Blessed posts: “The Civil War is coming to America and then Russian invasion on the east and Chinese on the west.”

The FBI then headed to the Shenandoah Valley, where they searched multiple properties.

They searched his former Augusta County home on Fadley Road in Weyers Cave, but nothing was found. Although he owns the property, police say, he didn’t live there.

Police say he rented a home in Keezletown.

During a search at that home, law enforcement said, they found more than a dozen explosive devices capable of being used in a large-scale attack.

The Virginia State Police blew up the devices at a remote farm in the county.

ADDITIONAL INFO: Le Roy Chief Chris Hayward told The Batavian the Le Roy patrol vehicle rammed and shot in the incident sustained $15,000 in damage.

Previously:

• Investigators using social media to work up profile of truck driver killed after police pursuit
• Le Roy PD releases photos of patrol vehicle shot and rammed by truck driver Wednesday night
• FBI raids home in Virginia of truck driver killed after chase through Genesee and Livingston counties
• After high-speed chase that ended with shoot out, Le Roy chief kept thinking of the 'what ifs'

While Le Roy fire and Bergen fire were on the Thruway working an accident that required a Mercy Flight transport near the Route 237 overpass, a second accident was reported in the westbound lane.

The first accident involved a tractor-trailer in the eastbound lane.

It appears there are minor injuries in the second accident.

Top two photos by Alecia Kaus/Video News Service. Bottom photo submitted by a reader. Additional photos added below by Alecia Kaus.

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 191 positive cases.
    • The new positive individual resides in Batavia.
    • The person is in their 40s.
    • The new positive case was not on mandatory quarantine prior to testing positive.
    • Zero of the previous positive cases have recovered and have been released from mandatory isolation.
    • Zero of the total active positive cases are hospitalized.
  • Orleans County received two new positive cases of COVID-19, for a total of 238 positive cases.
    • Both of the new positive individuals reside at Orchard Rehabilitation and Nursing Center.
    • Of the new positive cases one of the individuals is in their 60s, and one of the individuals is in their 80s.
    • One of the previous community positive cases has recovered and has been released from mandatory isolation.
    • Eighteen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
    • We are sorry to report the death of two of our county residents. Both individuals were residents of Orchard Rehabilitation and Nursing Center. We extend our deepest condolences to the family and friends of these individuals during this very challenging time.

On Monday, Craigs Creamery/Noblehurst Farms in Pavilion hosted a milk giveaway. Every car the showed up got at least a gallon of milk for free, with a total of 2,000 gallons available. The distribution was in conjunction with Natural Upcycling, Dairy Farmers of America, and the Livingston County Farm Bureau and took place on World Milk Day.

The milk was processed by Pittsford Farms Dairy. When Billie and I lived in Pittsford, that was the only place we ever bought milk. It's the best. Below is a video about the dairy I produced in 2008 as a project for a video production class I was in at the time.

Interview with Batavia PD Chief Shawn Heubusch. We will be talking at 10:30 a.m. about the killing of George Floyd and the events, both nationally and locally, that have followed.

Though he wasn't part of yesterday's meeting, City Council President Eugene Jankowski said tonight there was never any agreement between the city and organizers of a planned protest against racial injustice to coordinate an alternative event in Williams Park.

Jankowski said he communicated to Macy Paradise within 30 minutes of Paradise announcing a BBQ for Equality on Facebook that no event can be sanctioned by the city without City Council authorization.

"I was very clear that morning with Macy and Chelsea (another person reportedly involved in organizing the event) that unless it goes through Council, the City Manager has no authority to approve anything like this," Jankowski said.

Paradise also sent information to The Batavian about the event and said that Police Chief Shawn Heubusch had agreed to speak at the event. After The Batavian spoke with Heubusch and Heubusch said he would speak, we published a story. We then did a live video interview with Paradise later that afternoon and Jankowski said that interview was well after he had informed Paradise that the city could not commit based on just a meeting with staff to either participating in an event or approving an event without a permit, which must be approved by the City Council.

Jankowski said while he doesn't know the particulars of the meeting on Monday morning, he doesn't believe Moore made any verbal commitments and he certainly didn't commit the city or City Church to providing free food for the event.

This evening, the City Manager Martin Moore put out the following statement:

“Due to the ongoing events that are occurring in Buffalo, Rochester, and elsewhere in the region, the City of Batavia will not participate in, and has not approved any official community event at this time, as we need to keep citizens safe. We have been working with multiple law enforcement agencies across the region to ensure that we are prepared for any type of public demonstrations, and we anticipate a respectful response from our local community members. ”

We also spoke with Moore and asked about the consequences of "moving" Sunday's event from Williams Park, which will less likely be a target for outside agitators, to Downtown -- which is the likely location for a planned march or protest if not Williams Park. Moore said it isn't a move because the city was never involved in any event at all.

Some local business owners have expressed concern about a protest taking place Downtown.

Moore said violence following peaceful protests in Rochester and Buffalo has given the city pause to participate in any event. Jankowski said the city was also concerned about liability and the city getting sued if something went wrong for an event they "co-sponsored."

"We're a town of 15,000 people," Moore said. "We are talking to state and federal experts in law enforcement and taking their advice."

Paradise let people know today that the BBQ was canceled and that other people were organizing a march.

Tonight, we reached out to Greg Munroe, one of four people organizing Sunday's protest/march.

Munroe said he will be at City Hall at 8 a.m. Sunday to help ensure things remain organized with the march scheduled to start at 11 a.m.

"We're still actually putting together the plan," Munroe said, "but this will be a peaceful protest that starts at City Hall."

The message he hopes the protest will convey is one of solidarity for the whole community. He said in that spirit, he hopes the police will participate, as they did today in Lockport (there have also been examples in Schenectady and Auburn). 

He said police participation would help show the community that if anything tragic ever happened here, "there will be accountability; they will be on the side of right regardless of who is wrong."

When it looked like there was going to be a BBQ in Williams Park, Chief Heubusch was going to be one of the speakers. Munroe said he hopes the chief will participate in the event on Sunday, that he would be welcome to join in.

Jankowski said he supports a peaceful protest Downtown. That is everybody's constitutional right, he said. He did say he expects everybody to obey the law, which prohibits gatherings of people from blocking traffic.  

Munroe said he doesn't anticipate a problem but he doesn't know how many people will show up. 

He also acknowledges that the biggest issue at protests in other communities has been outside agitators. He said he and his fellow leaders will be on the lookout for troublemakers, but that the potential for trouble is why it's also important for the police and protestors to cooperate.   

If organizers spot somebody who might cause problems, they will look for ways to de-escalate or ask them to leave.

"If we try to de-escalate and the police try to de-escalate, especially if we do it on both sides, we should avoid any problems," Munroe said.

The city also issued this statement tonight:

The City of Batavia stands in deep sadness and grief over the action of officers in Minneapolis, Minnesota resulting in the death of George Floyd. We have also been saddened over recent situations where Americans were murdered, abused, and treated unfairly by members of their community or law enforcement officials.

“I do not condone the use of excessive force by law enforcement officers, and I am proud to say that the City of Batavia promotes a high professional standard at our Police Department, with Officers committed to protect and serve all of our citizens. The City of Batavia Police Department is deliberate in their training and certification and take a community policing approach to engage the community and build bridges,” said Martin D. Moore, City of Batavia manager. “As always, my office is open. Please contact me if you have any concerns.”

“The actions of the police officers in Minneapolis leading to the death of George Floyd were despicable and unjustified given the information known to me at this time. No individual is above the law, and those that commit crimes, whether civilian, law enforcement, or government official, should be prosecuted to the fullest extent. The City of Batavia Police Department believes whole-heartedly in compassion, understanding, and communication with our community and condemn violence of any kind,” said Shawn Heubusch, City of Batavia Police chief.

The City of Batavia and Officers of the Batavia Police Department stand in solidarity to support meaningful change, however, the violence and chaos that has erupted in our region and across America must be stopped. Exploiting meaningful protests is a deplorable act, blurring the lines of what we all seek to achieve. 

Batavia has gone through difficult moments, even difficult decades, but is a community built by Americans from all walks of life who worked hard to build a vibrant family-oriented city that accepts all people.  

“We are willing to listen and have a dialogue with anyone, at any time, to better understand and reach common ground, but we will not allow our community to be a target for violence. The Batavia Police Department is working together with local, state, and federal law enforcement in a coordinated effort to protect the safety of our community, and are prepared in the case that any individual or group(s) incites violence,” concluded Police Chief Heubusch.

Previously: 

• Local group calling for social justice and City coming together for 'BBQ for Equality'
• LIVE: Interview Macy Paradise, about the upcoming BBQ for Equality
• BBQ for Equality in Williams Park canceled, organizers still plan march downtown for Sunday

A plan for a unity gathering at Williams Park on Sunday has been canceled according to one of the organizers, Macy Paradise.

Paradise said city officials have pulled out of the BBQ for Equality.

Attempts to contact City Manager Martin Moore have so far been unsuccessful.

There will be a peaceful protest march in Downtown, Paradise said, and that event is being organized by local people of color.

"I will march alongside them," Paradise said.

Yesterday, Paradise met with city officials and said at the meeting he was led to believe the city was committed to cosponsored a BBQ for Equality in Williams Park.

Later in the evening, Moore called The Batavian and said plans for an were actually not finalized and that the city would need to clear the plans with the state.

Police Chief Shawn Heubusch yesterday expressed concern about outside agitators coming to Batavia to cause trouble if there was a protest Downtown. The venue change to Williams Park was meant to help avoid such a turn of events.

Press release:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 190 positive cases.
    • The new positive individual resides in Byron.
    • The person is in their 50s.
    • The new positive case was not on mandatory quarantine prior to testing positive.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • Zero of the total active positive cases are hospitalized.
    • We are sorry to report the death of one of our county residents. The individual was hospitalized and over the age of 65 years of age. We extend our deepest condolences to the family and friends of this individual during this very challenging time.
  • Orleans County received two new positive cases of COVID-19, for a total of 236 positive cases.
    • One of the new positive individuals resides in Ridgeway and one of the new positive individuals lives at Orchard Rehabilitation and Nursing Center.
    • Of the new positive case one of the individuals is in their 50s, and one of the individuals is in their 70s.
    • The new positive community case was not on mandatory quarantine prior to testing positive.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • Eighteen of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
    • We are sorry to report the death of one of our county residents. The individual was a resident of The Villages of Orleans Health & Rehabilitation. We extend our deepest condolences to the family and friends of this individual during this very challenging time.

Click here to view the Genesee and Orleans counties' online map of confirmed cases.

Village of Corfu volunteer firefighters came to support Dave Saleh on Sunday in his fight against cancer, by parading past his house and showing off their new Fire Engine Tanker.

Dave, who has been active with the Fire Department for 45 years as a past Director, Vice President, and Commissioner, was an integral part in getting the truck refurbished for the department.

Dave's family is hopeful in his recovery, and is requesting to have everyone keep him in their prayers.

Photos and information by Philip Casper.

Press release:

United States President Donald Trump announced his endorsement today of Chris Jacobs for the Republican Primary in New York’s 27th Congressional District on June 23rd.

The President wrote in a tweet, “Chris Jacobs will be a tremendous Congressman who will always fight for New York. He is Strong on the Border, our Military and Vets, and the Second Amendment. Chris has my Complete and Total Endorsement! Vote for Chris on June 23!”

President Trump had previously endorsed Jacobs for the Special Election in the 27th Congressional District to fill the duration of the Congressional term vacated by former Congressman Chris Collins -- this endorsement solidifies Jacobs as the only candidate in the district to carry the President’s endorsement.

“I am deeply honored to have the support of our President for the upcoming primary election, and I’m proud to be the only candidate to carry his endorsement for this district. Western New York needs a conservative leader in Congress to fight for our values, and our President needs an ally who will help him fight for all Americans as we rebuild our nation,” Jacobs said. “Our President has put his trust in me and knows I am the leader he needs in Washington with him working to get tough on China, secure our borders, and build our economy. I look forward to working every day to help him accomplish his America First Agenda.”

Jacobs is also the only candidate to receive the endorsement of House Republican Leader Kevin McCarthy (R-CA), House Republican Whip Steve Scalise (R-LA), Congresswomen Elise Stefanik (R-NY), Former Congressman Jack Quinn (R-NY), NYS Senator Patrick Gallivan, NYS Assemblyman Angelo Morinello, NYS Assemblyman Mike Norris, and Erie County Sheriff Timothy Howard.

UPDATE: Response from Nate McMurray

Congressional Candidate Nate McMurray responded today to President Donald Trump’s Twitter endorsement of Chris Jacobs in light of the current calls for justice and reform in this country.

“A murder was committed by a police officer on video for all the world to see," McMurray said. "When a crime is committed like the death of George Floyd and justice isn’t served the result is lawlessness; we can’t condone lawlessness whether it’s committed by our police officers or by rioters.

"But I fear we are missing the larger picture; millions of peaceful protesters have come together to call for reform to our broken justice system that devalues people based solely upon the color of their skin. These voices must be heard or we will all continue to suffer. If we want the burning to stop, we need to listen, we need to reform, we need to be more focused on peace than violence.

"Chris Jacobs’ and Beth Parlato’s blind support of Trump’s violent rhetoric only hurts the cause of justice and peace, and I am calling on them to show the courage necessary to ask the President to focus on compassion, healing, and justice. We need to bring this country together, not divide it further. But don't just take my word for it, hear what other Republicans across this Country are saying.” 

Congressman Tom Reed said: "Justice must be served for the murder of George Floyd. In this tragedy, two things can be true at once. People’s voices and frustrations must always be allowed to be heard in our free society but rioting is never acceptable. Those responsible for this murder must face justice but we recognize that the vast majority of our law enforcement officers are honorable men and women who have a true public servant at heart."

Congresswoman Elise Stefanik called on the President to address the public about George Floyd’s death and police brutality, “Whether that’s an oval office address or some form of providing a message to the American people that we grieve together, but also the importance of the rule of law.” 

“The country is looking for healing and calm," said Senate Majority Whip John Thune. "And I think the president needs to project that in his tone. He masters that sometimes. That’s the tone he needs to strike right now.”

Senator Tim Scott said, "But obviously, if your question is, should you use tear gas to clear a path so the President can go have a photo op, the answer is no.”