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Frank Capuano took this picture of an eagle he spotted this morning feasting on a carcass in the Genesee Valley Agri-Business Park.

No Blarney! performed a concert of traditional Irish music Friday night at the Holland Land Office Museum.

Here are two videos from that performance, one of "Drink It Up, Man," and the other "Drunken Sailor."

Thank you to No Blarney! and the audience for allowing me to make these two videos. Happy St. Patrick's Day!

A caller reports that a woman showed up at a residence on Williams Street in Batavia and knocked the windows out with a shovel.

She then left in a dark-colored Ford pickup truck.

Police are searching the area.

Children dance to the music of the Hill Brothers during annual Family Reading Night at Jackson School in Batavia.

The entertainment followed sessions of various people from the community reading to the children in their classrooms at the school.

A 43-year-old Batavia resident admitted in Genesee Count Court this week to one count of sexual abuse, 1st, for a sexual act involving a woman deemed to be incapable of giving consent.

Adam Brokaw, of Northern Boulevard, faces up to 10 years on probation and six months in jail following the guilty plea.

Sentencing is scheduled for 2:30 p.m., April 26.

Brokaw, at the time of his arrest in July, was a corrections officer at the Albion Correctional Facility.

Investigators said at the time that the incident took place at 2 a.m., Nov. 11, 2017 after a party at his residence.

With each budget revision of the Batavia City School District budget for 2019-2020, Business Administrator Scott Rozanski gets a little closer to trimming $750,000 in spending.

He said school officials are also hoping state aid will increase for the year so the district can keep the property tax levy from growing more than 4.69 percent.

In the latest revision, Rozanski has penciled in $51,118,155 in spending.

He expects about $25 million in state aid, though hoping for more, and local revenue of more than $27.4 million. That would include spending $3.1 million in fund balance with a tax levy of $20,608,000.

But that tax levy amount would mean an increase of 8.78 percent, well above the legal limit of the state's property tax law.

Over three revisions, Rozanski has already trimmed off more than $500,000 but he still needs to find enough savings to get the levy down to $19,834,000, or lower.

A levy under that amount would allow the budget to pass on a simple majority and ensure district property owners would be eligible for a tax rebate from the state in the fall.

A Tuesday's school board meeting, Rozanski said administrators and department chairs found $166,000 in purchases that could be canceled or delayed.

The district will also be able to save $120,000 by letting positions stand vacant after staff retirements.

When asked by a board member why the positions weren't being filled, Rozanski said, "We need to look at things a little bit differently in how we're operating so we're looking for savings."

Those are the kind of cuts Rozanski continues to look for in the budget. He said he doesn't anticipate any significant program cuts.

Overall, the school district expects to cut spending by more than $2.8 million but $2.1 million of that spending came from a statewide bond initiative five years ago that allowed school districts through the state to improve technology-related infrastructure. The cut in revenue and expenditure offset each other as the program comes to a close.

The other $750,000 that must be cut is the result of an NYS Comptroller audit a few years ago that found the school district was estimating revenue correctly but underestimating expenditures in its annual budgets. This was leading to a growing fund reserve. The reserve had become 7 or 8 percent of overall expenditures when it shouldn't be more than 4 percent. That money, the report noted, should be returned to taxpayers in the form of tax cuts.

The district had a reserve fund for debt service but the Comptroller said debt service should be paid out of the general fund so, over the past two years, the district has been transferring money from the debt service fund to the general fund. The debt service fund is now tapped out, hence the need to cut $750,000 in expenses.

A 39-year-old resident of West Main Street Road, Batavia, has been arrested and accused of selling a quantity of methadone to an agent of the Local Drug Task Force on two occasions.

Leona J. Polk is charged with two counts of criminal sale of a controlled substance 4th, a Class C felony.

Polk was arraigned in Genesee County Court on Thursday and given her status as a lifelong Batavia resident and her lack of any prior criminal record, she was released on her own recognizance. 

She was arrested March 8 and held without bail until her appearance before Judge Charles Zambito on Thursday.

She is accused of making the sales on June 17 and 18.

Students from throughout the region competed Thursday at Genesee Community College in the 12th Annual Tech Wars, which gives them a chance to test out their ideas and designs in engineering and technology-related contests against students from other schools.

The sentencing of Samual Blackshear, the Batavia teenager who shot murderer Nathaniel Wilson in the leg after Wilson had stabbed Terry J. Toote outside a residence on Central Avenue, was delayed again today because his attorney received information that could effect Blackshear's eligibility for youthful offender status.

Blackshear entered a guilty plea in November to a single count of criminal possession of a weapon.

The plea agreement, which satisfied an indictment that included counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree, came with the promise that Judge Charles Zambito would consider granting the then 17-year-old youthful offender status. That would seal his court and criminal record in this case; the defendant is then never required to disclose the conviction to colleges or on job applications.

In preparing for sentencing, James Hinman did not receive a victim's statement from Wilson and did not believe such a statement existed.

Today, he learned that while Wilson did not make a victim's impact statement, he did make statements during his interview for his own pre-sentence investigation, that could have a bearing on the Blackshear case. Hinman asked for time to review those statements.

The content of Wilson's statements was not revealed in court.

In defending Blackshear, Hinman has maintained that Blackshear acted to protect the lives of people at the scene of May 17 murder. While the justification defense might have swayed a jury on the assault charges, Hinman did not dispute that Blackshear came into possession of a handgun he wasn't licensed to carry.

The gun allegedly came from Jennifer Urvizu-Hanlon, 48, then a local businesswoman, who did have a license for the gun. Her case is still pending.

Blackshear's case was continued to 3:30 p.m., March 2.

Even if granted youthful offender status, Blackshear could still be sent to prison for up to four years, or Zambito could put him on probation immediately.

Wilson, who admitted to second-degree murder, was sent to prison for a minimum of 20 years.

Crime Victims' Rights Week in Genesee County will be commemorated April 7-13 with a special presentation at Genesee Community College from 8:15 a.m. to 1 p.m. on Monday, April 8, examining a fatal car accident that has become a key part of Genesee County history.

"Honoring Our Past. Creating Hope for the Future" will look back on a 1987 head-on collision that took the lives of three students in Pembroke and their driver's education instructor.

The panel for the discussion includes: 

• Sheriff's Office Crash Scene Investigator -- Judge James Orr
• Prosecuting District Attorney -- Judge Robert C. Noonan
• Pembroke School teacher -- Gregory Kinal
• Family members: Deputy Patrick Reeves

Reeves is the brother of Rhonda Reeves, who was 17 the day a car driven by Lyndon Goodell, then 23, hit the car she and her classmates were in. Also killed were students Eric Hamm-Johnson, Mindy Beals, and 55-year-old instructor Patrick Collins.

Goodell, a Batavia resident who had already served a stint in prison for burglary, was eventually convicted of manslaughter and vehicular manslaughter. He was sentenced to seven to 15 years in prison.

A wrongful-death lawsuit filed by the victims' families found Goodell and his passenger, Carol Rokicki Elder, equally at fault. Rokicki Elder gave Goodell the keys to her car and the bottle of whiskey that they shared.

A Pembroke-area resident, whose name has not yet been released by local law enforcement, was killed this afternoon in a head-on collision with a tractor-trailer on Main Road near the county line.

The accident was reported at 3:06 p.m. in the area of 352 Main Road.

First responders reported a large debris field. Mercy Flight helicopters were put on ground standby but soon canceled after medics arrived on scene.

The driver of the tractor-trailer suffered minor injuries and was taken by Mercy EMS to UMMC for evaluation.

The driver of the SUV was westbound when it crossed the center line and struck the truck driver's-side-to-driver's-side. The SUV was heavily damaged in the accident.

Assistant Chief Ed Mileham, Indian Falls fire, said it was one of the worst accident scenes he's responded to in the 37 years he's been a volunteer firefighter.

UPDATE 9:30 a.m., Friday, March 15: The name of the driver killed in the crash is Wayne A. Striewing, 54, of Pembroke. Striewing was driving a 2017 Lexus NX2 westbound on Route 5 when the vehicle crossed the centerline, entering the eastbound lane. Investigators have yet to determine why Striewing's vehicle cross the centerline. The Lexus struck a 2016 Peterbilt tractor-trailer operated by Raymond L. Bennett, 56, of Winona, Mo. 

The crash is being investigated by Deputy James Stack, Deputy Kyle Krzemien, Sgt. Andrew Hale, Sgt. Jason Saile, Investigator Chris Parker, Investigator Chad Minuto, and Chief Deputy Joseph Graff. Assisting at the scene were the State Police Commercial Vehicle Enforcement Unit, Department of Environmental Conservation, Pembroke Volunteer Fire Department, Indian Falls Volunteer Fire Department, East Pembroke Volunteer Fire Department, Mercy EMS, and Coroner Jeff McIntyre.

The seventh annual Mr. Batavia show is set for 7 p.m., March 21, at Batavia High School in the Auditorium. 

There are 12 seniors in this year's competition, each representing a different charity in the community. 

All proceeds from ticket sales will go to the winner's charity. Last year, $4,400 was raised and in seven years the student-run event has raised $20,190.

Tickets are $8 and are available at the school's main office and tickets will also be available at the door until sold out.

This year's contestants and their charities are:

• #1 - Harley Radley -- Pancreatic Assoc. of WNY
• #2 - Will Palmer -- 25 Neediest Fund
• #3 - Taiyo Iburi-Bethel -- All Babies Cherished
• #4 -  Cameron Austin -- Batavia VA
• #5 - Terelle Spinks -- Volunteers for Animals
• #6 - Griffin DellaPenna -- Michael Napoleone Foundation
• #7 - AT Thatcher -- GO ART!
• #8 - Kris Kuszlyk -- Juvenile Diabetes Research of WNY
• #9 - Alec Frongetta -- Genesee Cancer Assistance
• #10 - Cameron Bontrager -- Batavia Players
• #11 - John Bruggman -- Crossroads House
• #12 - Sam Rigerman -- Habitat for Humanity

Dr. Joseph Zambon and Mrs. Paula Fischer are Outstanding Community Members
In recognition of their work to include our students’ families in the Give Kids a Smile Day, Dr. Joseph Zambon and Mrs. Paula Fischer were nominated to receive Outstanding Community Member Awards.

While Dr. Zambon was unable to be present, Mrs. Fischer was presented with the award by Board of Education president Patrick Burk at the BCSD Board meeting on March 12.

They were nominated by Julia Rogers, district coordinator of Assessment and Instructional Services, who wrote:

"Dr. Zambon, dean of the UB School of Dental Medicine, and Notre Dame alumnus, and Mrs. Fischer, director of School-Based Programs at the UB Dental School, and BHS alumna, coordinated the partnership between the Batavia City School District and the University at Buffalo School of Dental Medicine for their annual Give Kids A Smile Day.

"The event, for children 1-18 years of age, took place on Feb. 9. They coordinated with Fidelis Care to offer free transportation to UB for families to attend if they needed it. The UB Dental’s Give Kids a Smile event offered free dental care -- including exams, cleanings, fillings, extractions, orthodontic consultations (braces), hearing and vision screenings, and healthy eating demonstrations.

"Every child and parent received oral health supplies and lunch bag. We are so grateful to UB Dental for their inclusion of BCSD families in this event.”

Darien resident Lucas Birkby came home Sunday with five medals from a powerlifting competition in Mamaroneck sponsored by United States Strongman Inc. 

Birkby set official state records for the axle clean and press at 320 pounds, the 18-inch deadlift at 700 pounds, deadlift at 650 pounds, the log press at 310 pounds, and the atlas stone, at 360 pounds. The axle clean and the 18-inch deadlift are also national records for the heavyweight teen division.

His father, Scott Birkby said, "In addition to training at home, Luke has been training twice a week at Iron and Stone Strength gym in Clarence. His trainer is Tony Kalisz. We found this Strongman gym through a Google search since Luke's ultimate dream is to become the world's strongest man.

"I've got the feeling that the fellows there raised an eyebrow when we wrote to them and said that a teenager (he was 17 and just turned 18 this February) wanted to do strongman, but they said: 'go ahead and send him in.' That was about 10 months ago. Luke and the guys (and girls!) at the gym have had a great time since he showed up. 

Birkby has qualified to compete at the nationals in June in Columbus, Ohio.

Scott said his son is PED-free (performance-enhancing drug), adding, "Our grocery bill has taken a pretty big hit for this."

Photos and info submitted by Scott Birkby.

A grand jury stenographer has allegedly been audio recording grand jury proceedings, which isn't legally permissible, and the attorneys for Jennifer L. Serrano think the stenographer's actions are enough to get a second-degree vehicular manslaughter charge dismissed.

The 48-year-old Serrano was charged following the Aug. 11 death of 18-year-old Connor Lynskey after a Jason Aldean concert in Darien.

"I was not aware of the recordings until recently and as a matter of an ethical obligation, I notified the defense attorneys involved," said District Attorney Lawrence Friedman.

While attorneys Frank LoTempio III, and Jack Sanchez have filed a motion seeking dismissal of the grand jury indictment against Serrano, Friedman doesn't believe the recordings jeopardize the case.

"We do not believe, regardless of what the court decides, it will result in the dismissal of the indictment or lead to anything that would delay the case."

Friedman has until April 5 to file his answer to the motion with the court and Judge Charles Zambito may conduct a hearing on the motion April 25 at 1:30 p.m. LoTempio and Sanchez have asked to put the stenographer on the stand at the hearing. It will be up to Zambito to decide if there should be a hearing and whether to call the stenographer to the stand.

The recordings, if made, are a potential violation of New York's Judiciary Law, though Friedman disagrees with the analysis by LoTempio and Sanchez that the recordings rise to the level of a misdemeanor. Friedman isn't anticipating any charges in the case.

Friedman's office had no prior knowledge of the recordings and did not benefit from the recordings. The stenographer is an independent contractor and is not employed by the District Attorney's Office.

The stenographer was using a shorthand machine manufactured with the recording capability built right into the device, which is why the DA's office was not aware of the recording being made. Such a mahcine may be permissible in other legal proceedings but in New York, not in a grand jury proceeding.

Assistant District Attorney Shirley Gorman discovered the fact that the recordings were being made and brought it to Friedman's attention.

Friedman and the ADAs in his office have notified defense attorneys about the recordings but he didn't have a count for how many cases that might involve. As for as his own cases, only one other defense attorney has filed a motion related to the recordings.

"The bottom line, I really believe, is this is not going to be an issue that is going to impact cases," Friedman said. "We’re not concerned that we’re going to have indictments dismissed or any that severe as a result of this."

As for Serrano, if the case does go to trial, LoTempio said the defense is ready to proceed. They plan to bring forward an expert witness who will testify that Lynskey was intoxicated and either walking or running in the lane of traffic when he was struck.

The defense will argue that Lynskey was at fault in the accident, LoTempio said.

They also believe there is evidence to indicate that Serrano didn't know she had struck a person and therefore didn't have the requisite knowledge to be charged with leaving the scene of a personal injury accident.

The accident occurred Aug. 11 on Sumner Road. Lynskey was with friends and family at the Aldean concert at the Darien Lake Performing Arts Center. They were camping at Darien Lakes State Park. After the concert, the group started on foot back to the campground. The Sheriff's Office report of the accident indicated Lynskey decided to run ahead and catch up with a friend. When both groups were back at the camp, they realized Lynskey was missing. Law enforcement searched the area that night but did not find Lynskey. His body was found the next day in a ditch by the side of the road.

Serrano had been stopped and charged that night with a DWI. The accident may have occurred about a half hour before she was arrested. Through leads, Sheriff's investigators identified her as a suspect in the fatal accident.

Le Roy High School presents the musical "Once On This Island" this weekend.

A description of the story:

Ti Moune, a peasant girl, rescues a wealthy boy from the other side of the island, Daniel, with whom she falls in love. Unbeknownst to Ti Moune, the pompous gods who preside over the island make a bet with one another over which is stronger, love or death, the stakes being Ti Moune's life.

When she pursues Daniel, who has returned to his people, Ti Moune is shunned because of her lowly status. Her determination and capacity to love, though, is not enough to win Daniel's heart, and Ti Moune pays the ultimate price; but the gods turn Ti Moune into a tree that grows so strong and so tall, it breaks the wall that separates the societies and ultimately unites them.

Lead cast members:

• Ti Moune -- Marlena Pencille
• Daniel -- Lukas Austin
• Agwe -- Xach Carr
• Asaka -- Alexis Pfendler
• Erzulie -- Hailey Grasso
• Papa Ge -- Megan Privatera
• Mama Euralie -- Emily Overacker
• Ton Ton Julian -- Daniel Ferrara
• Little Ti Moune -- Ashlyn Puccio

All show times are at 7 p.m., opening tomorrow with shows on Friday and Saturday.

Tickets are $10 and can be purchased at leroycsd.org or at the door.

Press release:

Senate Democrats advanced their one-house budget resolution today. State Senator Michael H. Ranzenhofer (R-C-I, Amherst) voted against it. 

Senator Ranzenhofer has issued the following statement:

“Today’s budget resolution takes more hard-earned dollars from taxpayers. It hikes taxes by $2 billion in the first year alone. It also imposes many new and increased taxes, including on Internet purchases, paper bags, prescription drugs, driving, and real estate purchases. 

“Under this misguided budget proposal, New York State will continue to experience the steepest population loss in the United States. This irresponsible plan will exacerbate Upstate’s economic challenges and force even more Upstate residents to leave for more affordable states.

“All of these taxes will make it more expensive to live, work and retire in our state. Simply put, this plan doesn’t work for the residents of our community.”

The Child Advocacy Center in Batavia has a new forensic camera that cost about $16,000 thanks to the generosity of the folks at Chapin Industries.

Every year, Chapin hosts a golf tournament and proceeds from the tournament go a local charity. Last summer's tournament was a fundraiser for the CAC.

Justice for Children/Child Advocacy Center is a government program but it is entirely funded by grants and donations. Theresa Asmus-Roth, program coordinator for Justice for Children, said the camera is more advanced than what the center could normally get through grant programs so the donation was most welcome.

The camera is able to take higher resolution photos to document evidence of physical and sexual abuse, which may not be apparent with a standard camera.

The center is also undergoing a major renovation. The renovations will cost about $250,000 and Sheriff William Sheron said there is a possible funding shortfall of $50,000. He's asking members of the community to step up and help fill that gap. To donate visit www.justiceforchildrenadvocacycenter.org.

Photo: Bill Kegler, Sheriff William Sheron, Theresa Asmus-Roth, Undersheriff Brad Mazur, Norm Hubbard, and Ian Weatherbee.