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Busy year for County Highway in 2019; improvements reported in roads and bridges

By Howard B. Owens

It's been another busy year for the County Highway Department, Superintendent Tim Hens told members of the Legislature during his annual department review at the Public Service Committee meeting on Thursday.

In 2019, the county received $1.7 million from the state for roads, bridges, and culverts, plus another $382,183 for road paving.

There are 92 bridges in the county with a span of greater than 20 feet. The condition rating is 5.16, up from 5.11 last year.

There are currently nine bridges in the county posted to warn away drivers with heavy loads. This year, three of those bridges are being replaced. They are: Caswell Road, Searls Road, and Pratt Road bridges.

Taking into account all bridges greater than five feet long, much progress has been made over the past three years, Hens said.

“We did an inventory and assessment study in 2016 and identified our top 30 worst bridges,” Hens said. “We have replaced 18 of those. That’s better than half, which is pretty good. With three of them currently being replaced by the end of the year, that number will go up by three by the end of the year.”

Those state programs are going to be dependent in future years on what the federal government does, which Hens said is a concern. He's uncertain about congressional approval and whether the bill will be passed before the 2020 election.

There are 260 centerline miles of highway the county maintains. The average condition rating is now 5.69, an improvement from the previous year.

Paving projects completed in 2019:

  • Horseshoe Lake Road, Stafford
  • South Lake Road, Pembroke
  • Prole Road Extension, Stafford
  • South Street Road, Le Roy
  • Colby Road, Darien
  • Hickox, Walker, and Gillette Road, Alexander

Another project completed in 2019 is the EMS training ground and new firing range at the Emergency Services office location on Bank Street Road.

There are currently 61 employees in the department, for a total of 56.75 full-time equivalents, up by two from 2018.

The proposed budget for 2020 us $5,527,130, which is an increase over 2019 because of the rising cost of salt for snow and ice removal, and increased health care costs.

Salt prices are going up about 5 percent.

Gas prices and asphalt prices have remained stable, Hens said.

Obviously we have some funding concerns going forward, Hens said.

There is at least $125 million in capital projects pending in the county over the next 10 years.

"That’s not the jail. That’s not water. That’s other stuff," Hens said. "We’re going to need federal aid. I hoping that this new federal authorization has some money in it for roads for counties, some relief for counties.”

Ed Oliver, Bills' rookie tackle, making personal appearance at T.F. Brown's

By Howard B. Owens

The Buffalo Bills #1 draft pick, rookie defensive tackle Ed Oliver, will be at T.F. Brown's Restaurant from 5 to 6:30 p.m., Tuesday (Sept. 24).

The first 100 kids age 12 and under will receive a free Ed Oliver commemorative T-shirt.

Photo: Rick Mancuso and Dominic Grazioplene.

Video: 30th Annual Decision Makers Ag Tour visits local wineries and cideries

By Howard B. Owens
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For the 30th year in a row, the Genesee County Chamber of Commerce, along with Cornell Cooperative Extension, the Genesee County Farm Bureau, and the Soil & Water Conservation District conducted the Decision Makers Ag Tour.

The tour started off at the fairgrounds with a talk by Bill Schreiber, CEO of O-AT-KA Milk Products Co-Operative Inc. Then the group visited Autumn Moon Farm Winery, Black Creek Cidery, and Sweet Life Country Store, which included representatives from Circle B Winery.

Batavia man pleads guilty to sex abuse charge while calling statements against him a lie

By Howard B. Owens
      Wesley Thigpen

While coming to terms with entering a guilty plea to a sexual abuse charge, Wesley Thigpen told his attorney the statements attributed to a young girl were "(expletive) lies" after hearing the evidence the people would present against Thigpen if the case went to trial.

Thigpen was entering his plea on an Alford basis, which means that he pleads guilty without admitting the accusations against him are true.

The defendant himself told Judge Charles Zambito, "it's a strategic decision."

By accepting a plea deal, Thigpen guarantees he will spend no more than four years in prison, instead of more than a decade if he were convicted at trial of sexual abuse in the first degree, two counts of burglary, and criminal contempt in the first degree.

As part of the Alford plea process, First Assistant District Attorney Melissa Cianfrini summarized the case that would be made against Thigpen if he turned down the plea offer and went to trial on the sexual abuse charge.

According to Cianfrini, Thigpen was alone with a girl less than 13 years old in her room when he engaged in a series of sexually related actions, including but not limited to showing her pictures on his phone of body parts.

Cianfrini said in a recorded interview later, Thigpen admitted that he had been alone with the girl and that she may have somehow gotten access to his mobile phone.

Throughout the legal process of this case, Thigpen has denied the sexual abuse allegations while admitting to the criminal contempt charge.

Today, Thigpen did plead guilty to criminal contempt after Zambito recited the specific actions of Thigpen's that led to the charge. Thigpen slapped food out of the hands of a person who was the subject of an order of protection and raised a fist as if threatening to hit that person.

Dressed in jail orange, Thigpen wasn't afraid to speak up for himself during the proceedings. Bright and articulate, Thigpen made it clear why he was pleading guilty and on key points asked Zambito to clarify the law and the terms of the deal.

He conferred more than once with his attorney Mark Lewis about the charges and the plea deal, most of the time speaking in hushed tones. But after Cianfrini recited the evidence against him, he spoke with Lewis in a more agitated manner, raising his voice slightly at one point to call the statements against him a lie.

At that point, Zambito explained very clearly that he understood that Thigpen wasn't admitting to the allegations but pleading guilty because he accepted the fact he was at substantial risk of being found guilty at trial and facing a potentially harsher prison term.

Thigpen also spoke up for himself when it came time to discuss his bail status while awaiting sentencing. He argued for lower bail because he has several financial matters to clear up, including taking care of penalities for use of his 401(K) during these proceedings to support his family, as well as collecting his final paycheck from his former employer.

Lewis said before his arrest, Thigpen, a lifelong Batavia resident, worked for five years at a major corporation in Genesee County.

Despite all this, Zambito kept his bail at $10,000 cash or $20,000 bond while he awaits sentencing.

Veterans headed to DC with Steve Hawley

By Howard B. Owens

This morning, for the 12th time in as many years, a group of veterans departed with Assemblyman Steve Hawley from the parking lot of Batavia Downs for Hawley's annual Patriot Trip to Washington, D.C.  

The veterans will visit historic monuments in Washington.

Pictured with Hawley are Jim Freas, of Medina, and George Bakeman, of Albion.

Alleged crack dealer arrested following investigation

By Howard B. Owens
     David McClary

A Rochester resident has been arrested and accused of dealing crack cocaine in the City of Batavia.

David C. McClary, 29, of Mt. Hope Avenue, Rochester, was arrested in Monroe County after a warrant was issued for his arrest based on evidence developed through an investigation by the Local Drug Task Force.

He is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

McClary allegedly sold crack cocaine to an agent of the task force on two separate occasions. 

He was arraigned in Genesee County Court and jailed on $10,000 bail or $20,000 bond.

The task force was assisted by Batavia PD, uniformed deputies, and the District Attorney's Office.

Trio arrested in drug raid on West Main Street Road address

By Howard B. Owens
    Scott Hodgins     Kara Sass   Heywood Wellington

Three people were arrested earlier this week after a drug raid on a Batavia residence West Main Street Road by the Batavia Emergency Response Team and the Local Drug Task Force.

The raid was the result of an investigation into narcotics trafficking in the area.

Arrested were:

  • Scott E. Hodgins, 55, of West Main Street Road, Batavia. Hodgins is charged with: criminal possession of a controlled substance, 3rd; criminal possession of a weapon, 4th; criminal possession of a controlled substance, 7th; criminal use of drug paraphernalia, 2nd; and unlawful possession of marijuana. Hodgins was ordered held without bail.
  • Kara B. Sass, 25, of West Main Street Road, Batavia, is charged with criminal possession of a controlled substance, 3rd, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia, and unlawful possession of marijuana. She was jailed on $10,000 bail.
  • Heywood E. Wellington, 23, of Winterroth Street, Rochester, is charged with: criminal possession of a controlled substance, 3rd; criminal possession of a controlled substance, 7th; criminal use of drug paraphernalia, 2nd; and unlawful possession of marijuana. Wellington was released under supervision of Genesee Justice.

The District Attorney's Office assisted in the investigation.

Dirt bike rider dies following accident on Linwood Road, Le Roy

By Howard B. Owens

A 21-year-old Le Roy resident died Wednesday night after a dirt bike he was driving collided with a minivan on Linwood Road in Le Roy.

The accident occurred at about 7:30 p.m.

According to state police, the victim, whose name has not yet been released, was southbound on Linwood Road. The van was heading north when it turned left into a driveway. The motorbike T-boned the minivan.

The victim died in the ambulance in route to the hospital.

State Police are investigating the accident and will release more information when it becomes available.

Information gathered by Alecia Kaus/Video News Service. Photos by Alecia Kaus.

Press release from the State Police:

On Sept. 18 at 7:38 p.m., troopers out of SP Batavia responded to Linwood Road in the Town of Le Roy for a two-vehicle collision.

Further investigation revealed that a 2013 Kawasaki dirt bike operated by Michael T. Leubner, 21, of Le Roy, was traveling southbound on Linwood Road and struck a 2018 Toyota van traveling northbound as it was turning into a driveway.  

Leubner was transported to Erie County Medical Center where he was pronounced deceased. Leubner was traveling without a headlight.

New York State Collision Reconstruction Unit and the Bureau of Criminal Investigation assisted in this investigation.

Car fire in garage on Garfield Avenue, Batavia

By Howard B. Owens

A car fire is reported at 11 Garfield Ave., Batavia.

The car is in a garage.

The garage is not attached to a house.

City fire responding.

UPDATE 8:39 p.m.: A second alarm is sounded. Alexander's Fast Team requested to the scene. Town of Batavia to stand by in headquarters.

UPDATE 8:42 p.m.: Town of Batavia now requested to the scene.

UPDATE 1:25 a.m.: Photo by Frank Capuano added. I shot video at the scene a little later. It's taking forever, for some reason, to upload to YouTube. I'm going to bed and will add the video in the morning.

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Ten arrests at Meek Mill concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Department during the Meek Mill/Future concert at Darien Lake Performing Arts Center on Sunday:

Kaylauni C. Factor-Hamilton, 18, Kalar Road, Niagara Falls, Canada, is charged with harassment, 2nd, resisting arrest, and criminal possession of a forged instrument, 2nd, after allegedly slamming a gate into a Sheriff’s deputy, resisting that arrest and then being found in possession of a fictitious Quebec Identification Card. Factor-Hamilton was arraigned in Alexander Town Court and jailed in lieu of $1000 bail.

Joseph M. Dilaura III, 26, McKoon Avenue, Niagara Falls, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kyle W. Ruge, 23, Polaski Street, Freedom, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Jacob M. Bell III, 21, Post 5, Niagara Falls, Canada, is charged with harassment, 2nd, after allegedly striking a Live Nation Employee in the face. 

Donald P. Mullen Jr., 21, Locust Street, Lockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Tyler L. McKeown, 21, Robinson Road, Lockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Kennedy R. Kuzma-Ball, 21, Locust Street, Lockport, is charged with trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return.

Brittany C. Cotton, 25, Trent Square, Cheektowaga, is charged with harassment, 2nd, after allegedly shoving a Live Nation employee.

Kesi F. Muhammad, 25, West Avenue, Buffalo, is charged with harassment, 2nd, after allegedly shoving a Live Nation employee.

Takiesha M. Jackson, 23, Jefferson Avenue, Buffalo, is charged with false personation and trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return, and then providing false information about her identity.

Video: New boot maker operating in former P.W. Minor factory

By Howard B. Owens
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Nearly a year ago, the former P.W. Minor factory on Treadeasy Avenue in Batavia quietly started producing high-end men's shoes again with a small work crew.

The new company, Artisan Boot & Shoe, is owned by Nicole Porter, the granddaughter of local businessman Pete Zeliff, who helped rescue P.W. Minor in 2014 from closure and operated the company for more than three years before selling the company and the factory to a group of investors.

That company couldn't make a go of it and Zeliff foreclosed on the property, the equipment, and inventory and after 150 years of business in Batavia, P.W. Minor ceased to exist.

Later that month, in October of 2018, Porter approached her father with a business plan to start a new shoe business. She acquired from him the equipment for Goodyear welted boots (which describes how the sole is welted and sewn to the top of the shoe) and hired 10 former P.W. Minor employees and took over the contracts with about a half-dozen shoe companies to continue making top-quality men's boots for them.

Porter said the company is growing, doing well financially, and she hopes the day will come when they can expand production, start making women's boots again, and perhaps launch their own boot or shoe brand.

The company leases space from Custom Vehicle Outfitters, which recently acquired the property from Zeliff in order to expand operations from its current location on Ganson Avenue. The company is currently remodeling the front of the building while Artisan Boot & Shoe operates in the factory space at the rear of the building.

Batavia's post office building is 100 years old

By Howard B. Owens

The Barber Conable Post Office Building in Batavia is 100 years old.

Construction of the post office began in 1916 with a $57,993 bid awarded to contractor George F. Rossell, of Rochester, according to the City of Batavia History book by Ruth M. McEvoy.

Because of World War I, Rossell had a hard time completing the project as he was beset by higher costs and construction supervisors who kept going off to war. He gave up in October 1917, voiding the contract.

Progress continued slowly under the supervision of E.D. Gray and it was finally ready for postal employees to relocate from a rented building on Jackson Street to their new headquarters.

The post office was built based on plans by John Taylor Knox, the former architect of the U.S. Treasury. He designed dozens of federal buildings during his career, including the post office in Buffalo and Niagara Falls

The cornerstone was laid in 1916 and bears the name of William G. McAdoo, who was Secretary of the Treasury, as "supervising architect."

A few post offices in other communities share common designs with our post office, including Live Oak, Fla., Fulton, Mo., and Menomonie, Wis.

The name of the post office was changed in 2004 by an act of Congress to the Barber Conable Post Office Building. Conable is a former congressman who represented our area and later became president of the World Bank.

Ironically, perhaps, according to McEvoy's book, the Batavia Daily News reported in 1970 that the area's congressman -- who would have been Conable at the time -- had promised the community a new post office building. "In 1990," McEvoy notes, "that promise had not been fulfilled."

When the post office first opened, it had a front porch area. It was enclosed in 1961.

The postmaster in 1919 was John F. Ryan. According to McEvoy, Ryan and his brother William opened a light shop at 79 Main St., Batavia, in 1898. In 1910, they installed an electrical device that opened and closed their shop windows automatically.

His daughter was Dr. Edith F. Ryan. She intended to open a practice in Philadelphia but war disrupted her plans. She opened an office on Jackson Street and was then appointed as a medical examiner for the school district. That helped her practice grow. She retired in 1957.

Batavia's first postmaster was James Brisbane, who handled postal duties through his general store. He eventually became a wealthy man and the current police headquarters is the former Brisbane mansion. His son Albert was a social reformer and his grandson was the famous journalist of the early 20th century, Arthur Brisbane, who is buried in the Historic Batavia Cemetery. Arthur was also Nellie Bly's editor. The Brisbane Family Papers (1819-1965) are in the Special Collections Research Center at Syracuse University.

The second postmaster was Ebenezer Cary followed by Trumbull Cary. The Cary Mansion, long destroyed, is commemorated by a historic marker on East Main Street.

In 1829, Simeon Cummings became postmaster. He also owned a harness shop in Batavia.

The next postmaster was William Seaver wrote what is perhaps the first history of Batavia in 1849. Another William Seaver, perhaps his son or possibly grandson, or maybe not related at all, took two pictures of Downtown Batavia that The Batavian previously published.

Following Seaver the postmaster was Levant B. Coates, who appears to have owned a drug store that was destroyed in a fire in 1833

Then came Frederick Follett, publisher of a local newspaper, Spirit of the Times, and the author of a book on the history of the press in Western New York.

The first woman postmaster was Elizabeth R. Erbland, who served from 1994 to 1998, followed by Catherine M. Maniace.

Today (top photo), current and former local postal employees gathered on the front steps of the building for a photo.

Do you know what else is 100 years old? The Upton Monument (watch the video).

Woman believed critically hurt in early morning fire on Ellicott Street, Batavia

By Howard B. Owens

A resident at 511 Ellicott St., Batavia, was seriously hurt in a 1:57 a.m. fire, according to City Fire Chief Stefano Napolitano.

The woman was rescued from a second-floor bedroom by firefighters shortly after the alarm came into City Station.

It took city crews about three minutes to arrive on scene, Napolitano said.

The victim was transported to UMMC by Mercy EMS and then transferred to Strong Memorial Hospital. Napolitano said he believed her to be in critical condition with lung damage.

Her name has not yet been released.

The fire may have started in the kitchen area, cause unknown at this time, but the fire is still under investigation, the chief said.

When the first crew arrived, heavy smoke and flames were showing from a first-floor window on the east side of the structure. Firefighters made an aggressive initial attack, he said, while other firefighters used a ladder to reach a second-floor window to rescue the woman who was trapped upstairs.

Five adults and one child lived in the two apartments, according to the chief, and the four other adults and the child escaped the fire unharmed.

All have been provided shelter by the Salvation Army and the American Red Cross will provide further assistance.

One apartment unit is still habitable, the chief said, but all utilities were cut off during the fire and have not yet been restored.

The fire quickly went to a second alarm and additional city crews responded. Alexander Fire's Fast Team also responded along with a heavy rescue truck from Le Roy Fire Department to assist with refilling air bottles. Town of Batavia fire filled in at the city fire station to cover city calls during the incident.

Batavia PD and Batavia DPW also assisted at the scene.

Photos by Frank Capuano.

Photo: Sunset in Alabama

By Howard B. Owens

Rachael Anderson shared this picture from this evening of sunset in Alabama.

Video: Speed humps installed on Park Road, outside Batavia Downs

By Howard B. Owens
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During Saturday's Night of Champions at Batavia Downs, Western OTB President/CEO Henry Wojtaszek talked about the speed humps installed the day before on Park Road outside of the casino.

Four people from Buffalo accused of fighting with Live Nation security at Rascal Flatts concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Rascal Flatts Concert at Darien Lake Performing Arts Center on Friday.

Jason E. Cook, 39 of Ritt Avenue, Buffalo, is charged with obstructing governmental administration, 2nd, harassment, 2nd, and disorderly conduct after allegedly fighting with Live Nation security while being ejected from the concert and refusing to be taken into custody. 

Patricia Cook, 46, of Ritt Avenue, Buffalo, is charged with disorderly conduct after allegedly fighting with Live Nation security guards.

Joseph D. Gerace, 31, of Beatrice Avenue, Buffalo, is charged with disorderly conduct after allegedly fighting with Live Nation security guards.

Matilda M. Martin, 44, of 15th Street, Buffalo, is charged with disorderly conduct after allegedly fighting with Live Nation security.

Two suspected drug dealers picked up on warrants following investigation

By Howard B. Owens
     Chad Bzduch       Sergio Santana

The Local Drug Task Force has nabbed two suspected drug dealers they believe were operating in the Batavia area, one selling Adderall and suboxone and the other dealing in cocaine.

Chad S. Bzduch, 33, of Ellsworth Avenue, Batavia, is charged with: criminal sale of a controlled substance, 3rd; criminal possession of a controlled substance, 3rd; criminal sale of a controlled substance, 5th; criminal possession of a controlled substance 5th; and criminal possession of a controlled substance, 7th.

Bzduch was arrested on a warrant after being spotted walking on Bank Street on Thursday by Batavia PD. He is accused of selling Adderall and suboxone to an agent of the task force on two occasions. He was allegedly found in possession of fentanyl at the time of his arrest. He was arraigned in Genesee County Court and released on his own recognizance.

Sergio I. Santana, 38, of State Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

Santana was picked up on Ellicott Street on Thursday by Batavia PD. Santana is accused of selling cocaine to an agent of the task force on two occasions. He was arraigned in Genesee County Court and released on his own recognizance.

Students at BMS will use 2019-20 school year as chance to spread kindness

By Howard B. Owens

The Batavia Middle School Kindness Project is an effort by fifth- through eighth-graders at the school, led by teacher Sarah Gahagan, to spread a bit of warmth and joy.

The students look for opportunities to be kind to each other. 

Friday, Gahagan's class sent letters to a fifth-grader in Tennesee who is battling leukemia. The letter-writing effort followed a schoolwide "circle up" meeting on the theme of perseverance.

Gahagan said students discussed different levels of problems we have in our lives and successful coping strategies.

Gas prices down but expected to rise after attacks on Saudi facilities

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.56, no change since last week. One year ago, the price was $2.85. The New York State average is $2.72 – down 2 cents from last week. A year ago, the NYS average was $3.

AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia - $2.69 (down 2 cents since last week)
  • Buffalo - $2.69 (down 2 cents since last week)
  • Ithaca - $2.61 (down 3 cents since last week)
  • Rochester - $2.69 (down 2 cents since last week)
  • Rome - $2.72 (down 2 cents since last week)
  • Syracuse - $2.58 (down 2 cents since last week)
  • Watertown - $2.68 (down 2 cents since last week)

In its latest petroleum status report, the Energy Information Administration (EIA) revealed that gas demand increased by 336,000 barrels per day to 9.8 million barrels per day. This latest rate is 158,000 barrels per day higher than the first week of September 2018, which is surprising as demand generally slows post-Labor Day.

AAA has noticed a trend this year where the summer travel season is extending into fall. We have seen an uptick in the number of requests for fall road trips and travelers began booking fall foliage tours earlier than usual this year. Popular locations include the Finger Lakes, the Niagara wine trail, and Northeast destinations including Maine, New Hampshire and Vermont.

EIA’s data also showed that total domestic gasoline stocks fell. Although demand rebounded to a level seen during a typical summer, cheap crude prices have helped to keep the national average mostly steady this week while regional prices all dropped.

After the initial press release went out, AAA sent the following update:

Over the weekend, Saudi Arabia experienced drone attacks on two major oil facilities – including the world’s largest, Abqaiq. The attacks have taken 5.7 million (crude) barrels per day off the market, accounting for about 6 percent of the global supply.

Prior to the attacks, global crude oil supply was very healthy, in fact sitting on a global glut of stocks. This had driven the price of crude oil cheaper – as low as $52/bbl (West Texas Intermediate, WTI) this year – and led to lower gas prices, too.

Despite the global glut of crude, initial market reaction to the attacks spiked crude oil prices.  At the start of the work week, crude oil (WTI) is trading for $5/bbl more than on Friday’s closing, up to $61/bbl – a price point for crude not seen since May (when gas prices were at their highest point this year). 

Since the price of crude accounts for at least 50 percent of the total retail price, as crude increases so will the price Americans pay to fill-up.

Right now, AAA is forecasting that Americans can expect local pump prices to start to increase this week.

The jump could end up being as much as a quarter seen throughout this month. Whether this is a short or long term trend will be determined by the price of crude oil and how quickly the facilities in Saudi Arabia can recover. Damage to the facilities is still being accessed, but there is no word if it will be days, weeks or even months before infrastructure is repaired and back online.

To ease concerns, President Trump said he has authorized the release of crude from the Strategic Petroleum Reserve. Other Saudi-oil-consuming countries also have emergency reserves to help backfill the global loss, if needed.

Notably, the United States currently depends less on crude imports from Saudi Arabia. The latest Energy Information Administration (EIA) report showed that the United States imported the least amount of crude oil from Saudi this decade. In the first half of this year, on average, the United States imported about 18,000 bbl compared to 35,600 bbl in the first half of 2017.

According to the EIA weekly gasoline stock reports, U.S. gasoline stock levels have been decreasing the past few weeks. Today, total domestic stocks sit at 228 million bbl, which is ahead of the five-year average for this time of year by several million.

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