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Rochester man arrested for burglary of liquor stores enters guilty plea

By Howard B. Owens

One of the two men arrested in connection to thefts from local liquor stores, where one man would distract the store clerk and another would enter the back room to steal cash or credit cards, admitted to his crimes today in front of County Court Judge Charles Zambito.

Edward F. Perdue, 57, walked into court dressed in a tan state prison jumpsuit with his hands and feet shackled. He seemed confused and wandered in front of the defense table at which point a state prison guard, one of his escorts, pointed to a chair on the other side of the table and told him where to sit.

Perdue was soft-spoken throughout the hearing and when Zambito asked him how he was feeling, he said, "a little depressed and down."

When Zambito asked him if he understood the proceedings, Perdue fought back tears before saying he did.

Perdue, who said he was born in Rochester, is already being held at the Mohawk Correctional Facility since his conviction in April in Monroe County on counts of third-degree burglary, criminal possession of stolen property, 4th, grand larceny, 3rd, and grand larceny, 4th. He was sentenced to three and a half to seven years in prison.

With his guilty plea today to grand larceny, 4th, for the theft of a credit card, the maximum term is two to four years.  

A year ago, Perdue participated with another suspect in a burglary of Plaza Spirits and Mr. Wine and Liquor. A cash box was stolen from the backroom of Plaza Spirts and a credit card was stolen from a purse at Mr. Wine and Liquor.

At one point, when Zambito was questioning about him about his status as a second felony offender, Perdue got a little more animated and exclaimed that he didn't steal $500 cash from Mr. Wine and Liquor.

Perdue's accomplice, Willie Dozier, previously entered a guilty plea to grand larceny, 3rd, as a second felony offender. He was sentenced in September to two to four years in state prison, to run concurrent with his sentence in Monroe County on charges stemming from similar crimes. Dozier was also ordered to pay restitution of $672.

Attorney for Urvizu-Hanlon attempting to suppress statements she may have made to police

By Howard B. Owens
Jennifer K. Urvizu-Hanlon

Whether certain statements Jennifer K. Urvizu-Hanlon made while in custody May 18, during the police investigation into a homicide and shooting the day before on Central Avenue in the city, can be used against her in court will be decided by Judge Charles Zambito by Jan. 4.

Urvizu-Hanlon appeared in court today for a hearing on the admissibility of those statements, called a Huntley Hearing (or a suppression hearing), and her attorney tried to use his time in court to also press for statements and notes from police that he believes his client has been wrongfully denied as he prepares to take her case to trial.

Whether Hanlon's statements can be used may come down to how Zambito views, within the scope of prior case law, two things Hanlon said during her interview with Det. Thad Mart, Batavia PD, that may indicate she had doubts about talking with police.

During the interview, she apparently said, "If I'm guilty of something I should have somebody here, I guess," and "I guess I should have somebody here" followed by "I don't have a lawyer."

A short time later she specifically asked for an attorney, at which point Mart terminated the interview and, apparently with enough evidence at that point, placed her under arrest.

Urvizu-Hanlon, the former owner of La Mexicana store on East Main Street in Batavia, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old accused of shooting Nathaniel D. Wilson Jr., who murdered Terry J. Toote with a knife on Central Avenue on May 17.

In a discussion after the hearing, with a reporter present, between defense attorney Christian Kennedy and First Assistant District Attorney Melissa Cianfrini, Kennedy said he doesn't dispute that the statements were equivocal.

Prior case law makes it clear, and Kennedy said he knew he would lose a motion on this point, because saying "I guess" or "maybe" is equivocal, whereas a statement like, "I want to speak to an attorney," or even, "I want to speak to my dad," or "I want to speak to my friend" is unequivocal and any statements made after that point to police might not be admissible at trial.

Kennedy said he will base his written motion, to be filed later, on other grounds but did not disclose what his argument will be.

Det. Kevin Czora testified today followed by Det. Mart.

Czora said police obtained a warrant to search Urvizu-Hanlon's car as part of their investigation into the crimes on Central Avenue and that her car was located and stopped in the parking lot of Valu Plaza at about 2:25 p.m., May 18. 

Urvizu-Hanlon was taken into custody for questioning and placed in the back of a police cruiser. At that point, she volunteered to an officer that there was a handgun in her car, as well as ammunition and that the gun was either on the passenger side next to the center console or in the trunk in a bag.

Czora then read her Miranda warnings (the right to an attorney, to remain silent, etc.) and she waived her rights. He then questioned her about the gun and its location.

At that point, Urvizu-Hanlon was transported to the police station where Mart questioned her.

The interview was videotaped and a DVD of that interview was placed into evidence.

Mart said Urvizu-Hanlon acknowledged that she had been read her rights and had waived those rights, agreeing to speak with him.

He said the interview started at 2:45 p.m. and terminated at 3:04 p.m. when she asked for an attorney.  

The substance of the interview, other than her two statements about maybe she should talk with somebody, was not discussed during today's hearing.

When Kennedy questioned both Czora and Mart, he tried to ask questions about their involvement in the investigation on May 17 but Cianfrini objected to that being outside the scope of a Huntley Hearing and Zambito sustained the objection.

Kennedy said he had been denied "Rosario material," which refers to material in possession of the prosecution that may have a bearing on the case.  

Zambito said Kennedy was entitled to Rosario material relevant to the Huntley Hearing (no such material was in dispute today) but statements, documents, and notes, won't become subject of a Rosario motion until trial, if there is a trial.

In 18 years of practicing law in other courts, Kennedy said, he had never been denied this material at this stage. This is a long-standing common complaint of defense attorneys in criminal cases in Genesee County Court.

The Batavian reported in September that Kennedy may be preparing a justification defense based on the idea that Blackshear and Hanlon had just witnessed Wilson murder Toote. Zambito has apparently issued a ruling limiting Kennedy's ability to use this defense. But based on today's discussion, Kennedy will present another motion and try to make the point that there is no case law that addresses this particular situation -- where the gun used was licensed and legally carried by the person who handed it over to a third party who used it.

As for the Huntley Hearing, there will be an additional written motion and argument filed by Kennedy and an opportunity for the people to answer. Zambito must also view the video of the interview. The case was put on the calendar for Jan. 4 with a written ruling from Zambito expected before that appearance.

Alexander HS presents 'Guys and Dolls' this weekend

By Howard B. Owens

The theater and music departments of Alexander High School will perform "Guys and Dolls" this weekend.

Showtimes are 7 p.m. on Saturday, and 2 p.m. and 7 p.m., Sunday.

Tickets are $9, or $10 at the door. Students, seniors, and veterans can purchase tickets for $7 or $8 at the door. To purchase tickets online, click here.

Directors and crew:

  • Director, Kate Schrodt
  • Music Director, Mark Hoerbelt
  • Pit Conductor, Rachel Clark
  • Set Design/Builders, Jeff Houseknecht & Ethan Schrodt
  • Choreographer, Mary Loliger
  • Costumer, Loretta Stratton
  • Sound Technician, Trinity Reynolds
  • Light Technician/Stage Manager, Hunter Doran

The Cast: 

  • Nathan Detroit, Carson Daley
  • Miss Adelaide, Alyssa Lafferty
  • Sky Masterson, Nick Allen
  • Sarah Brown, Lydia Daley Nicely-Nicely, Nolan Quackenbush
  • Benny Southwest, Connlan Hotnich
  • Rusty Charlie, Shawn Calmes
  • Harry the Horse, Bradley Caudill
  • Lt. Brannigan, Kylie Shillea
  • Angie the Ox/Joey Biltmore's Voice, Ethan
  • Stroud Big Jule, Jake Day
  • General Cartwight, Kasey Smith Arvide,
  • Holly Ulrich Waitress/Actress, Erin Hess
  • Hot Box Dancers: Allison, Paige Sikorski Ferguson, Julia Francis Vernon, Emma Cline, Mimi, Emma Ferraro
  • Mission Band: Leanne Dolph, Jasmine Wessel. Morgan Burns, Sara Chase, Kathryn McClellan, Olivia Burkhardt, Mercades Koschara, Hailey Szczygiel

Caller at Walmart reports he was threatened over his Trump bumper sticker

By Howard B. Owens

A caller in the Walmart parking lot reports that he was threatened because of his Trump bumper sticker.

He claims it was a threat of physical violence.

A trooper and deputy dispatched.

UPDATE 2:50 p.m.: A trooper interviewed all parties involved. No arrest. A woman with a male made an anti-Trump statement to the man with a Trump bumper sticker on his truck. He said something back. It escalated from there but didn't become physical. Both the trooper and deputy on scene couldn't recall a prior incident in the Trump Era of threats over a bumper sticker, though the trooper recalled a Trump supporter in 2016 getting slushies dumped on his car and an anti-Trump note being left.

UPDATED: Lost dog found at Ellicott and Shepard

By Howard B. Owens

A WBTA listener found this dog near Ellicott Street Road and Shepard Road, Batavia, and is hoping to find the owner.

The dog is described as friendly.

If you're the owner, the person who found the dog can be reached at (585) 813-2336 or (585) 356-3438.

UPDATE Friday, Nov. 9: Reader Doug Dielgelman wrote to tell us the "owner of awesome black and white dog located and is back home."

Bankruptcy court approves reorganization plan for Tops Markets

By Howard B. Owens

Press release:

Tops Markets LLC (“Tops” or the “Company”) today announced that the United States Bankruptcy Court for the Southern District of New York (“the Court”) has confirmed the Company’s Plan of Reorganization (the “Plan”). Tops expects to complete its restructuring and emerge from Chapter 11 shortly.

“We are pleased to receive the Court’s approval of our Plan and are poised to emerge from this process an even stronger and more competitive company,” said Frank Curci, chief executive officer of Tops. “Through this process, we have accomplished several key objectives, including significantly reducing our debt, creating a viable cost structure and efficiently optimizing our store portfolio.

"Importantly, we provided an opportunity for employment to every associate who was interested and impacted by store closings at other nearby stores. Our restructuring will create an even more exceptional shopping experience for our customers and assure that we will continue to serve our communities like no one else can.”

“On behalf of everyone at Tops, I want to thank all Tops associates, who have continued to provide customers with convenient, friendly and high-quality service. I also want to thank our loyal customers, suppliers and other stakeholders for their continued support throughout this process.” 

Car reportedly hits tree on Batavia Elba Townline Road

By Howard B. Owens

A car has reportedly hit a tree in the area of 5103 Batavia Elba Townline Road, Elba.

The caller reports the driver to be semi-alert.

Elba fire and Mercy EMS dispatched.

UPDATE 12:27 a.m.: Patient unconscious. Checking on the availability of Mercy Flight. All available manpower to the scene.

UPDATE 12:32 a.m.: Mercy Flight requested to the scene.

UPDATE 1:22 a.m.: The patient was just extricated from the vehicle.

UPDATE 1:36 a.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital in Rochester.

UPDATE 2:36 a.m.: The female driver suffered a serious leg injury. The accident was discovered by a driver passing by. None of the residents on that stretch of Batavia Elba Townline Road heard the accident. The time of the accident is unknown and it's hard to say how long after the accident it took for somebody to come across it. The driver was sedated so she couldn't be interviewed so deputies at this point do not know how the accident occurred.

McMurray: With 18K votes yet to count, race 'too close to call'

By Howard B. Owens

Press release:

Nate McMurray has issued the following statement on yesterday’s too-close-to-call results in his campaign for US Congress in NY-27.

“When we started this race, the insiders and pundits said we didn’t have a chance. But we gave the voters a better choice, and by earning support from Republicans, Independents and Democrats alike, we’re beating the odds and we won’t stop until the official results are confirmed. We need to make sure every voice and every vote in this region is heard and counted.

“This isn’t even yet a recount. We haven't even had an official count yet. In our democracy, every single vote matters. There are over 18,000 votes that have not yet been counted, between absentee, emergency, and affidavit ballots. If this were Election Day, we would still be holding tight. We will continue to count each and every ballot to ensure every voter in this district is heard.

“With only 2,800 votes separating us, this race is too close to call. There are too many voters who have not yet had their say. We are fighting to make sure every vote is counted because every vote counts.

“I believe that the hardworking families of this district are ready to reject the stale and ineffective tactics of partisanship politics, put country before party, and turn the page from Chris Collins’ self-serving chapter in our region’s history. We must finish counting ballots so we can finally get to work to make Washington and fixing a rigged system that both Republicans and Democrats agree is hopelessly broken.

“That starts with me, a Democrat, talking to you, my voters who are Republicans and Democrats and independents, about what we can do to solve the real problems our nation faces. We need to create secure borders, not with grandstanding and rhetoric, but with real immigration reforms that protect our sovereignty, but also makes sure our farmers have the workforce they need to succeed. It means protecting Social Security and Medicare, so Americans get the benefits they’ve been paying for their entire lives.

"It means defending the Second Amendment while passing common-sense reforms like universal background checks to keep guns away from terrorists and criminals. It means bringing good jobs back to our region, investing in infrastructure and protecting our farmers. It means standing strong against corruption in both parties to give taxpayers honest leadership they can trust.

“This isn’t over yet. We’re still fighting like hell."

A big turnout, tight races, and shifts in the political landscape animate election night in Genesee County

By Howard B. Owens

There are multiple storylines coming out of Tuesday's midterm election:

  • The Democrats take control of the House but not the 27th Congressional District, though that race isn't technically over;
  • Local Libertarians are celebrating the more than 90,000 votes garnered by Larry Sharpe, giving the Libertarian Party for the first time the same level of ballot access as Republicans and Democrats;
  • Voters approved staggered, four-year terms for county legislators;
  • National, state and local voter turnout, traditionally low in midterm elections, that match or exceed presidential year elections;
  • Democrats gain full control of state government after picking up enough seats in the State Senate to now hold the majority in the upper chamber.

The last point is perhaps the most troubling to Assemblyman Steve Hawley who has both seen firsthand what happens when Democrats control the Senate and the "crazy stuff" of Assembly Democrats that has been kept in check, as he put it, by a Republican majority in the State Senate.

"The last time that it flipped to Downstate, I referred to it, we saw what happened," Hawley said. "They were in control for two years. Many of them have already served jail time. Many have been convicted and are going to be serving jail time. It was complete free fall from any sense of reality (with the) programs and bills that were passed in the Assembly that were heretofore blocked by the Senate. I really shudder to think what will happen with some of the crazy stuff that comes out of the Assembly."

As we reported previously, former NYS Farm Bureau President and Elba resident Dean Norton warned local farmers what to expect if the Democrats gained control of the State Senate: A higher minimum wage, a farm labor bill, more regulations, cuts in rural government and school funding.

As the election approached, Lt. Gov. Kathy Hochul, who previously represented Genesee County in Congress before losing to Collins in 2012, held an opposite view, according to her personal account Twitter feed. Example:

Joined great Democratic candidates in #Rensselaer who are fired up to continue our progressive agenda.

We will take back the @NYSenate and have @AaronGladd join us in the majority! We must fight back against Trump and stand together to push New York forward. pic.twitter.com/ebmfjf7IJS

— Kathy Hochul (@KathyHochul) November 2, 2018

McMurray Concedes Race, Then Demands Recount

Expectations of Democratic gains in the State Senate or congressional House didn't do much to boost spirits at Center Street Smoke House last night, where local Democrats had gathered, once Nate McMurray appeared on TV for a concession speech when results weren't looking good for his effort to unseat indicted incumbent Chris Collins.

McMurray had energized WNY Democrats in a way that perhaps even Hochul didn't do in 2011. The disappointment at McMurray's apparent loss was palpable.

"He ran (his campaign) from the grassroots," said Michael Plitt, chairman of the County Democratic Party. "I mean, you know, the state party and national party didn't invest much in the race at the beginning. He just worked and worked and worked and he got a lot of people interested that weren't in mainstream politics before.

"You look here in Genesee County, we had 37 people canvassing last Saturday -- in Genesee County. They were all encouraged by the message he had -- positivity and just getting things done. I think there was a lot of energy."

McMurray didn't waver in his high energy and encouragement to his volunteers even during his concession speech.

"We did something great," McMurray said. "It never shameful when you fight a righteous fight and that's what you did. I said in the beginning that we're going to break the machine, right? We're going to break the machine. Sometimes when you take on those big tasks, trying to break the machine, it doesn't break. You put a dent in it but if you keep whacking, eventually it's going to break." (Audio for McMurray's quotes courtesy our news partner, 13WHAM.)

McMurray expressed disappointment that Collins -- facing federal charges and a House Ethics Committee investigation, who avoided the public and the press during his campaign, who attacked McMurray and his family with dishonest television ads -- could possibly win in Western New York but he vowed to fight on.

"Come on, we're going to be all right," McMurray said, adding, "Remember Rocky one? Rocky didn't win. He looked like I do right now, all beat up, his face looked like hamburger. He lost. Well, remember there was Rocky two?"

At that point in the post-election night wind down, nobody expected "Rocky two" to come so quickly. Within hours, McMurray realized the vote count was going to be a lot tighter than he anticipated and so he announced that he would demand a recount.

Collins' 'Winning Strategy' -- Avoid the Press and the Public

While Collins mostly avoided the press after jumping back into the race four weeks ago (at one point he announced his withdrawal following his arrest on Aug. 8), the Clarence resident was pursued by Erie County reporters on Tuesday night and did answer some questions, at one point admitting it was his strategy to avoid taking questions from reporters or the public in debates or open meetings.

"I set a strategy, I think you'll see tonight that my strategy worked perfectly, it's about winning," Collins said. "Clearly, the media is not part of our strategy."

Plitt called the strategy "atrocious."

"Candidates should be available," Plitt said. "You know, we're here at a Democratic event. Anyone can walk in and talk. Nate was in Genesee County several times at events open to the public. It's imperative at any level of office, from town boards to Congress, that (officials) are accountable to the press and communicate with the public."

Hawley was less ruffled by the strategy.

"We'll see what happens if Collins wins," Hawley said (we spoke before the results were certain). "We'll see whether he becomes more involved in the process, whether it's attending town hall meetings, whether it's attending events. I ran into him two or three times recently at different events, so it looked to me as though toward the end of this race that he was becoming more visible and I would certainly encourage him to do that."

Libertarian Sharpe Surpasses Critical Vote Threshold

Local Libertarians were far more focused on the governor's race than the congressional race, not because they thought their candidate Larry Sharpe had any chance of winning but because Sharpe surpassing the 50,000 vote threshold was critical to the party's gaining ballot access in state and local races that is on par with Democrats and Republicans.

"This has been a goal since 1971," said Mark Potwora, chairman of the Genesee County Libertarian Party. "Now when we run our candidates it'll take fewer signatures and hopefully we will attract more people who will want to run. We want to be able to get into the county legislative races and more local races. It's a big thing. It's just a big step for the Libertarian Party."

The recruitment effort for more local candidates has begun and there's enough interest, Potwora said, that people have been contacting the party about running in races. The goal is to have fewer one-candidate elections.

"We've already had a lot of discussion with people that are ready to go," Potwora said. "We have members now from Le Roy. We're hoping that we can reach into Le Roy. It's all about more candidates. Our next step is outreach and getting more candidates because these ballots should not go with unopposed races. There should be no unopposed races."

County Voters Pass Long-sought Term Reform

There was a high turnout in Genesee County and whether the high turnout helped county legislators finally get passed a reform they've sought for years -- creating staggered, four-year terms -- is impossible to say, but at Ken's Charcoal Pits & Bar-B-Q last night, where a few Republicans gathered to watch the results of the election come in, the legislators who where there were grateful it passed.

"On behalf of my fellow legislators, I would like to extend our appreciation to the voters of Genesee County for their support of the proposal to change the terms for county legislators," said Chairman Robert Bausch. "We believed that it was very much warranted considering the issues the county faces and are pleased that the county voters listened to that message and supported the proposal. We also want to extend our appreciation to all those who stepped forwarded and publicly supported this proposal."

In the run-up to the election, starting more than a year ago, there was a lot of talk about a "blue wave" sweeping the nation, a resistance against President Donald Trump, that would lead to Democratic victories across the land. After the Brett Kavanaugh hearings, where Democrats tried to derail his appointment to the Supreme Court, and after Trump's fearmongering about immigration, Republicans started talking about a "red wave," or a "red tide," or a "red wall" (Republicans never did seem to settle on a branding message).

Voters Showed Up

Among both Democrats and Republicans, across the nation, turnout was massive. What was true elsewhere was true in Genesee County.

"People are excited," Plitt said as we watched results come in. "From what I've heard turnout is high, almost at presidential levels, maybe better. People want to go express their opinion."

He didn't fully attribute the high turnout as a reaction to the Trump presidency.

"I think on both sides of the aisle he definitely fans the flame and maybe he brings out both side," Plitt said. "Yeah, I think that's a lot of it but there's a lot of interest in state issues as well."

Hawley thinks it's a good thing that people are getting out to vote, whatever the reason.

"Any time you can invoke people to become participants in our electoral process it's a good thing," Hawley said. "Whether we're divided or not, I'm not really sure that's the case. We'll have to watch the election results across the country to see whether it's divisive or not. Whether it's President Trump and his style, whether it's Governor Cuomo and his style, and whether it's challengers who are perhaps a little less verbal and vocal without regard to what they're saying, that gets people involved, as I say, it's a good thing."

Top Photo: Libertarians at T.F. Brown's.

Democrats at Center Street Smoke House.

Republicans at Ken's Charcoal Pits & Bar-B-Q.

Steve Hawley, Barb Eddy, and Gregg Torrey pose for a selfie.

Gloom and disappointment at Center Street as McMurray delivers a concession speech.

Indicted congressman scores narrow win in NY-27, County Legislature gets four-year terms

By Howard B. Owens

As Nate McMurray appeared on TV just after 11 o'clock tonight, a couple of local Democrats at Center Street Smoke House for election night noticed McMurray didn't look happy.

The room turned glum.

"Don't concede, Nate," one of them said.

That's was what McMurray was about to do.

With 94 percent of the precincts reporting in the New York 27th Congressional District, Rep. Chris Collins held at 2,697 vote lead, a 49.5 to 48.4 percent margin.

In Genesee County, Collins won with 2,837 more votes, 53.8 percent to 39.91 percent, or 10,986 votes to 8,149.

These are unofficial vote totals, not yet certified and do not include absentee ballots.

Reform Party candidate Larry Piegza picked up 598 votes locally, or 2.93 percent, which was fewer votes than the 651 ballot line for the 27th blank.

McMurray did beat Collins in the City of Batavia, 2,219 votes to 1,821.

The NY-27 is a 22-point Republican advantage and McMurray, a Democrat who is town supervisor in Grand Island, still managed to make it a close race, primarily because Collins has spent much of the past year under the cloud of an ethics investigation and was arrested Aug. 8 on federal charges related to alleged insider trading. 

Also in Genesee County, the controversial ballot measure to stagger and extend terms in office members of the County Legislature passed 9,508 votes to 8,981.

In contested races, Barbara Czworka won the Town of Bethany Highway Superintendent election over Michael T. Adams, 440 votes to 289 votes. For Town of Alexander Justice, Mark Anderson beat Nicholas Falcone 775 to 757. (CORRECTION: This was a vote-for-two election. Anderson and Falcone both ran unopposed, not against each other.)

Gov. Andrew Cuomo did not fare well among Genesee County voters, getting only 4,982 votes to 13,397 for Marc Molinaro. Larry Sharpe received 1,201 votes locally. Howie Hawkins got 252 and Stephanie Minor, 188.

UPDATE 12:28 a.m.: McMurray issued the following statement:

"While tonight's results are disheartening, my fight for a better Western New York and a better United States will not end. This is my home, and I believe we deserve better than a Congressman under indictment and out on bail, but I also respect the will of the voters, and they have spoken. This campaign was a part of a movement to fight for the rights and leadership that we deserve as Americans. Tonight’s result is a setback, but we will never give up.”

UPDATE 12:53 a.m.: McMurray just issued a new statement demanding a recount:

"After examining the numbers, the margin is 1 percent and the will of the voters must be heard. We are demanding a recount. Mr. Collins is going to need another set of lawyers.”

We'll have more election coverage sometime tomorrow.

Top photo: Democrats watch Nate McMurray's concession speech at Center Street.

In the same way he proposed, husband surprises wife with roadside signs for 25th anniversary

By Howard B. Owens

Kevin and Danielle Riggs, of Alexander, are celebrating their 25th wedding anniversary today and Kevin told her he loved her the same way he proposed to her back in 1993, with hand-painted signs posted on southbound Route 98.

Then, the 22-year-old Danielle Yaple would see the marriage proposal signs on her way home from work at Graham Manufacturing. This morning, her family concocted a reason for her to drive to Batavia so she would see the signs on her way back to Alexander but Danielle changed her mind about the trip and so her mother had to convince her to take a drive with her.

It worked. Danielle saw the signs.

"She did not expect it," Kevin said. "It was a great surprise. She called me up sobbing with makeup running down her face."

Today, Danielle is the village clerk in Alexander and Kevin still works for Kelly Schultz Auctions and Antique World in Clarence. They have three children, two sons and a daughter, who is 17 and a senior at Alexander High School.  

Kevin and Danielle plan to go out for an anniversary dinner next week.

Group that assists combat veterans receives $80K from state with county's help

By Howard B. Owens

Genesee County, acting as a pass-through agency for a nonprofit that serves Western New York veterans, is to receive $80,000 in state aid for a program that provides fun group activities for combat veterans and their families.

WNYHeroes Inc. is based in Williamsville and provides several veterans programs, including service dogs for qualifying combat vets and financial aid for veterans in danger of losing their homes.

"We assist veterans if they're three or four months behind on their rent or mortgage," said Chris Kreiger, an Iraq War Vet and president and cofounder of WNYHeroes. "We pay the rent or mortgage, the security, utilities, food, whatever they need. If they fall three or four months behind, we provide the funds in grants, not loans."

Last year's Red, White and Blue Gala raised $300,000 for the assistance fund, he said, and $236,000 of that money went directly to veterans in need.

The ninth annual gala is tonight at Seneca Niagara Casino.

The $80,000 state grant is for the organizations for Operation B.O.O.T.S., which brings together veterans and their families in a casual, non-clinical, non-threatening, safe, fun environments to foster teamwork, networking and friendship. The program's motto is, "From defending our freedom to enjoying it."

WNYHeroes serves 12 of WNY's 17 counties and Kreiger said the goal is to expand to all 17 counties within the next two years.

The Human Services Committee yesterday unanimously approved a resolution authorizing the county to act as the pass-through agency for the state funds.

Photo: William Joyce, Genesee County veterans service officer, and Chris Kreiger and Lynn Magistrale of WNYHeroes.

Leach and Briggs earn top honors in Section V

By Howard B. Owens

Blue Devils running back Ray Leach was named the Section V Class B Player of the Year and Coach Brennan Briggs was named Coach of the Year.

The awards come after Batavia secured another Section V championship Saturday, knocking off the Wayne Eagles, 48-14.

Though Briggs has led four teams in five years to Section V championships, this is his first Coach of the Year award. It's also the first Player of the Year award for Leach, a senior.

On the year, Leach has 127 carries for 1,714 yards, which averages 13.5 yards a carry, along with 27 rushing touchdowns. He has 10 receptions for 361 yards and three TDs. 

On his career at Batavia HS, he has 4,476 rushing yards and 66 TDs. He has 635 all-purpose yards and 90 touchdowns.

Photo courtesy of Batavia High School.

Collins makes rare appearance in Genesee County, delivers donuts to Oakfield poll

By Howard B. Owens

For the first time -- as far as we know -- Rep. Chris Collins made his first appearance in Genesee County since his arrest Aug. 8, stopping by a polling location in Oakfield to drop off donuts.

Dick Siebert, the Republican election commissioner, said he spoke with a Democratic poll monitor at the poll in Oakfield and Collins did not campaign while at the location, did not carry any campaign material and did not wear anything that would identify him as Chris Collins.

"He spoke to one or two of the inspectors," Siebert said. "From what I understand he just wished them a good day. He had no campaign button or anything on that would identify him as Chris Collins. He did no campaigning with any of the people standing in line to vote."

Collins is running for reelection after being charged with securities fraud, wire fraud, and lying to the FBI. His top rival is Nate McMurray, town supervisor of Grand Island.

The turnout is reportedly good at Genesee County polling locations, on par with a presidential-year election, according to Lorie Longhany, the Democratic election commissioner. 

"We just heard from another polling location and they are using the word, 'busy,' " Longhany said. "My guess is, a more robust turnout for a midterm, which is what is being reported nationally."

Our news partner, WBTA, contributed to this story.

WBTA's Jerry Warner remembered for his warm voice, hearty laugh and good interviews

By Howard B. Owens

Over his 30 years on WBTA, in hosting "Main and Center," broadcaster Jerry Warner talked to hundreds of members of the Genesee County community and a few of them recalled Warner yesterday after learning of his passing Sunday night.

"It was always a joy to go over there and do the show with him because he was so easy to talk to," said Tom Turnbull, president of the Genesee County Chamber of Commerce. "Even on air, it felt like you're sitting around and talking in your living room with somebody. He always had this kind and gentle and calming influence when you were talking to them. It made it easy to be on his show."

Warner was born Feb. 9, 1943, in Batavia and was a lifelong resident of Oakfield. He started his radio career in 1971 with WBTA. He left the hometown station for a short time to work at WEZO in Rochester, where he created the city's number one morning show.

When he returned to WBTA he became the station's morning personality and host of "Main and Center," a talk show that featured a local guest talking about local events and issues.

"I really enjoyed speaking with Jerry and doing his interviews," said Jason Molino, Batavia's former city manager. "You know he was always extraordinarily professional. He was very classy. He was kind of part of an old guard. (We had) many laughs many times. I think the legacy of a memory of Jerry as just being kind and sweet but also asking good questions, and I think he was genuinely interested in the topics we discussed, so it's something I'll always miss about Jerry."

Another frequent guest was Jay Gsell, county manager, who said Warner was always ready to talk about the issues of the day.

"Coming in on Thursday, the way we have been, and how warm and accommodating Jerry was, but also the fact that he really took the time to know what we were doing, to understand that and be able to conduct an effective and cogent interview was always what impressed me about him," Gsell said.

For Chief Deputy Jerome Brewster of the Sheriff's Office and also an Oakfield native, Warner was always the voice of his hometown. He remembers being out and about, perhaps at the dentist office and hearing Warner's voice and feeling like he was hearing home.

"I was very saddened to learn that he had become ill and in particular distressed when I read this weekend that he had gone down to hospice," Brewster said. "He was a great man. He had a wonderful voice. He had an infectious laugh and he didn't take himself seriously. He's going to be sadly missed."

Molino recalled a laugh he got listening to Warner's program one morning about eight years ago. It was the Monday after Summer in the City and Molino had volunteered a session in the dunk tank as part of a fundraiser. The City Council president at the time, Charlie Mallow, came along determined to dunk Molino. He spent about $20 on softballs and missed every toss.

"Sure enough, the next morning, I was listening to WBTA and I heard Jerry on the air talking about Summer in the City and trying to generate revenue and some funds for charity," Molino said. "And sure enough he goes on to say 'and the council president was trying to sink the city manager in the dunk tank and he just couldn't do it. He needed some bigger balls in order to do that.' And that's one of the fondest memories I have of Jerry."

Warner and his wife, Darlene, celebrated their 53rd wedding anniversary in August. He was a former member of the Oakfield Presbyterian Church and served with the United States National Guard.

Calling hours are Thursday from 3 to 7 p.m. at the Burdett & Sanford Funeral Home, 11 Maple Ave., Oakfield, where services will be held Friday at 10 a.m.  Jerry will be lain to rest in Cary Cemetery, Oakfield.

For Jerry Warner's full obituary, click here.

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