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Press release:

Empire Access, a leading telecommunications service provider based in the Finger Lakes region of New York, today announced the completion of its acquisition of Axcess Ontario.

Through this acquisition, Empire Access adds over 200 miles of fiber optic network to its existing multi-county network infrastructure. Empire plans to accelerate its expansion of fiber optic service in Ontario County with this newly acquired network.

“We’re excited to announce that we have finalized the acquisition of the Axcess Ontario network,” said Jim Baase, COO of Empire Access. “This allows us to offer our industry-leading Fiber Optic Gigabit Internet, phone and security to homes and businesses throughout Ontario County.”

The Axcess Ontario fiber ring is a 200-plus-mile open-access fiber-optic network in Ontario County in Upstate New York. Since 2005, Axcess Ontario has built and maintained a robust open-access fiber-optic network infrastructure within Ontario County.

The open-access network provides advanced connectivity for telecommunications. The Axcess Ontario fiber ring has been recognized as a national broadband model and is the epitome of 21st-century public infrastructure.

"Empire Access is a family-owned and operated company, and our goal is to continue Axcess Ontario’s original mission of providing cutting-edge communications services to the local communities,” Baase said.

Empire Access currently offers residential and business fiber optic services in Ontario County's Village of Naples, along with a wide array of fiber optic business services in the cities of Canandaigua and Geneva, the Village of Victor, and Honeoye.

The company will expand residential and business service to surrounding communities in the upcoming months and offer fiber optic high-speed Internet, phone and security solutions to residential and business customers within Ontario County.

The dedication and ribbon cutting for the new Mercy EMS headquarters on Call Road, off of Route 98, in Batavia, was more than just a celebration of the new facility. It was an expression of gratitude for the Mercy Flight/EMS staff and chance to honor Mercy's cofounder, Doug Baker.

A plaque honoring Baker, pictured above, will be placed on the new building.

For his part, Baker thanked the Genesee County community for entrusting its emergency medical transport services to Mercy EMS and Mercy Flight.

"I'm here to you say thank you for the confidence and courtesy of the acceptance we've had in this community," Baker said. "From the governmental agencies, from the fire and the police, from the hospital, and from the whole community at large. And last but not least certainly the employees. We're very very lucky. Don't think we take it for granted. It's pretty special."

Mercy Flight became Baker's vision in 1981 and he, along with Sister Sheila Marie Walsh, Dr. Matthew Burke, and Dr. James Ehinger, came together to create Mercy Flight that year. It became the first helicopter emergency transport service in New York. The first helicopter based in Batavia was in 2006. In 2006, Mercy EMS became the designated ambulance service for the county.

Since then, the ambulance crew has operated from cramped quarters in the former St. Jerome's Hospital on Bank Street. The new facility not only gives them more space, it will offer better space for training and for eating and resting between calls, especially on long 12- and 24-hour shifts.

Bob Bausch, chairman of the Genesee County Legislature, was among those who congratulated Mercy Flight on its new facility.

"It's a true symbol of your commitment to the residents of Genesee County but more importantly thank you for what you offer day in day out," Bausch said. "You provided an exceptional level of service and this new facility will only enhance those services."

The dedication prayer was offered by Pastor Dan Dart, who noted Mercy EMS came to his aid once and he got to ride in "the whirlybird." He thanked the staff for their dedication to the health and safety of our community.

"Personally, then, on the receiving end, I say, 'Oh wow, I say thank you to all these folks for this building,' " Dart said. "It's going to help facilitate these folks to do the work that they do much more efficiently. It's a great, practical building -- all throughout, just amazing."

Doug Baker

Pastor Dan Dart.

A two-motorcycle accident is reported at 1005 East Road, in the area of Kistner Concrete, Bethany.

Minor injuries reported but one rider was on the ground when a first responder arrived on scene.

Bethany fire and Stafford fire along with Mercy EMS dispatched.

A chief on scene says Mercy EMS can back it down to non-emergency.

Victor Figueroa's empanadas recipe was a big hit with the judges in the Foodie Challenge, propelling him toward winning one of two slots inside the FreshLAB restaurant incubator inside the recently opened Eli Fish Brewing Company.

Yesterday, The Wild Rican, Figueroa's Puerto Rican-flavored food stand, officially opened.

Pictured are Michael Scribner, Michelle Figueroa, Victor Figueroa, and Cristal Nunez.

Brooke L. Brumber, 18, of Washington Avenue, Batavia, is charged with criminal trespass, 2nd. Brumber was arrested on a warrant. She allegedly entered a residence on Washington Avenue at 8:01 p.m. May 3 without permission after being told she was no longer welcome there.

Matthew James Cratsley, 42, of Buell Street, Batavia, is charged with failure to report a change of address and failure to complete verification form. Cratsley allegedly moved and failed to notify the NYS Sex Offender Registry. He is also accused of failing to complete the annual registration form. 

Jonathan Peter Smith, 40, of Little Canada Road, East Bethany, is charged with DWI, driving with a BAC of .08 or greater, moving from lane unsafely, and failure to signal. Smith was stopped at 1:28 a.m. May 13 on Main Street, Batavia, by Sgt. Thomas Sanfratello.

Sammy Lee Domthongmivanh Jr., 29, of Halstead Road, Alexander, is charged with: DWI; driving with a BAC of .18 or greater; failure to keep right; moving from lane unsafely; failure to attach registration sticker to vehicle. Domthongmivanh was stopped at 11:49 p.m. Saturday on Main Road, Pembroke, following a complaint of traffic offenses, by Deputy Eric Meyer.

Riecha B. Morris, 34, of Hawks Nest Circle, Greece, is charged with operating a motor vehicle while impaired by drugs. Morris was stopped at 9:33 a.m. Friday on West Main Street, Batavia, by Officer Kevin DeFelice following a complaint of erratic operation.

David L. Castaneda Trejo, 19, of Byron, is charged with criminal trespass, 2nd, and making a false written statement. Castaneda was arrested on an incident reported at 11:22 a.m. Sunday in the Town of Byron by State Police. No further details released.

Matthew J. Lamkin, 36, of Batavia, is charged with criminal mischief, 4th. Lamkin was arrested in connection with an incident reported at 11 p.m. Sunday in the Town of Batavia by State Police. No further details released.

Alexandria C. Pisarek, 25, of Corfu, is charged with acting in a manner injurious to a child. Pisarek was arrested in connection with an incident reported at 11:50 a.m. May 9 in the Town of Bergen by State Police. No further details released.

More than 900 Genesee Community College students have completed their degrees in the past 12 months and today about 225 of them accepted their diplomas in a commencement service that also marked the yearlong celebration of GCC's 50th anniversary.

Kristina M. Johnson, Ed.D., chancellor, State University of New York, gave the commencement address. She focused on a theme of commitments -- commitment to be optimistic and persistent, commitment to being kind, commitment to community and charity, and a commitment to a sustainable environment.

Johnson started off with the story of her mother, whose father died when she was 9. Her mother's mother died in the middle of the Great Depression; Johnson's mother was in high school when this happened, and she was left to raise her two younger brothers alone. Eventually, she married and raised seven children. At age 60, Johnson's mother was finally able to return to school.

"If not for a community college she would have been able to pursue her passion to further her education," Johnson said. "Many of you are like my mom. You had to juggle lives, careers, family and all of the other responsibilities that go along with being contributing members of our very busy society, so today we’re here to celebrate you."

Johnson then told the story of one of her own young-life struggles. At age 22, while training for an attempt to make the U.S. Olympic team, she was diagnosed with Hodgkin's Lymphoma, which in 1979 was rarely curable.

"Imagine at 22 staring down a life of not surviving past 24," Johnson said.

When she started treatment, she went into a clinic for the first time and met two sisters, probably in their 60s. They had survived together in a Japanese internment camp and they were tough.

Johnson sat down and one of them said to her, "Is this your first time?"

Johnson wanted to know how she knew and the woman said, "because you look scared."

"I was crushed because truly I was scared," Johnson said. "I didn't know what to expect. I didn’t know if it would hurt. I didn’t know if I would be able to compete in my sport. I didn’t know if the treatments would work."

Weeks went by with Johnson continuing treatment and by now she was a veteran, having settled into the routine. One afternoon, in the waiting room, again with the two sisters, another woman came in and sat down. Johnson asked her if she was new.

"Yes, how did you know?" the woman replied.

"I looked up at the two sisters and I winked," Johnson said. “'Well,' I said, 'you weren’t here yesterday and we’re all here at the same time every day so it has to be your first time.' I then proceeded to walk her through what was going to happen next.

"I could see the fear I had felt and I said to her, ‘think of something nice.’ She got up, she walked out of the waiting room, and before she walked in (to the next room), she turned around and looked at me and she said -- "

At this point, Johnson stopped. With hundreds and hundreds of people in the Call Arena, there wasn't a whisper, a ruffle of paper, a snap of a shutter or the squeak of a chair. Silence as far as the ear could hear.

Johnson composed herself, "She said, 'I'm going to think of you.'"

Johnson said she can never tell the story without becoming emotional.

That became one of the greatest memories of my life because on that day I chose to be kind," Johnson said. "There didn’t seem to be any other choice but to be kind without expecting anything in return."

From these lessons, Johnson encouraged the students to commit to optimism and to be persistent no matter what they encounter in life.

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"I remain a committed, if not obnoxious, optimist," she said.

She also told students to commit to kindness but to also accept themselves without judgment.

"While you’re busy practicing kindness toward others, I want you to do one other thing," she said. "I want you to be kind to yourself."

Charlie Cook, CEO of Liberty Pumps, was honored by the Alumni Association for his charitble support of the college.

To purchase prints, click here.

A caller reports that two individuals drove up on motorcycles to his residence on Rose Road and assaulted his son.

No word on any injuries. 

They left the area approximately five minutes ago.

Law enforcement is responding.

An accident is reported in the eastbound lane of the Thruway in the area of mile marker 379.6.

Le Roy fire and Mercy EMS responding.

One vehicle went into the woods but that driver has called and said she is not injured.

Unknown yet if anyone is injured in the other vehicle.

      Nathaniel Wilson

If Nathaniel D. Wilson Jr. did use a knife Thursday night to kill Terry J. Toote, as police believe he did, it wasn't the first time Wilson used a knife to attack another Batavia resident, according to the man he nearly stabbed in the back 12 years ago after a scuffle behind Biggie's Sandwich Shop on East Main Street. 

Louis Kingsbury said he barely escaped serious injury because Wilson mistakenly thought he had stabbed Kingsbury so he then fled the scene.

"I don't know how I didn't get stabbed because with the (surveillance) camera, actually, it looks like he's stabbed me," Kingsbury said. "In the investigation, he told the police that he thought he had stabbed me, that's why he stopped and took off running the opposite away."

The only thing cut was Kingsbury's shirt.

Wilson eventually entered a guilty plea to attempted assault and criminal possession of a weapon. The plea deal would have kept Wilson out of prison but Wilson, Kingsbury believes, committed other crimes while awaiting sentencing and so ended up being sent to prison for several years.

He may have been released a couple of years ago but available records are incomplete. He may have been adjudicated a youthful offender, as an 18-year-old, at sentencing in 2005, which could explain the lack of records.

Wilson was arrested in the City of Batavia two years ago on a charge of criminal possession of a weapon, 3rd. He was transferred from the Genesee County Jail to state prison on a sentence of one and a half to three years in May 2016.

The incident behind Biggie's began when a tenant of motel apartments to the east of the sandwich shop ran across the street to the pet food store, where Kingsbury worked. The tenant told Kingsbury that somebody, while fighting with his girlfriend, had punched and broken the illuminated sign in front of the motel.

The pet food store and the apartments were owned at the time by Ken Mistler and Kingsbury was and still is an employee of Mistler.

Kingsbury ran over and found Wilson hiding behind Biggie's.

When he confronted him, according to Kingsbury, Wilson said, "What are you going to do about it, cracker?" He then lunged at Kingsbury.

There was a scuffle and at one point, Kingsbury had him in a headlock and then Wilson managed to break free. Kingsbury said he saw him pull out a knife.

"Thank God, it was like one of those butterfly knives, so he was kind of fidgeting with it and trying to open it," Kingsbury said. "I realized it so I was able to react when he came at me and tried to stab me. When he missed, that time I said 'I'm out of here.' "

Kingsbury ran toward the motel and he said he could feel Wilson right behind him lunging at him. After he felt the knife catch his shirt, Wilson stopped his attack and ran toward the woods to the north and through the woods toward the house where Kingsbury believes Wilson's grandmother lives to the east.

Others in the area had already called 9-1-1 and police were on the scene quickly but couldn't find Wilson. It was some days or weeks before Wilson turned himself in.

When he was sentenced, Wilson was ordered to pay $864 in restitution to Mistler for the broken sign, according to a probation letter Mistler received. Kingsbury doesn't believe full restitution was ever made.

According to police, Wilson, who has been charged with murder, stabbed Toote in the middle of Toote's chest and Toote died that night. In the fight, Wilson was shot in the leg by another person, allegedly by 17-year-old Samuel R. Blackshear. Jennifer K. Urvizu-Hanlon, 41, is accused of supplying the gun to Blackshear.

Local entertainer Jonathan Blades visited Batavia Downs yesterday for the Preakness and stopped by a table set up by the Western OTB to sign a petition asking the State Legislature to approve a bill that would take advantage of Monday's Supreme Court ruling throwing out federal prohibitions on state-regulated sports wagering. The bill would make sports betting legal at off-track betting locations and casinos.

After reading Monday’s story in The Batavian about policies in five local school districts that prohibit individual school board members from sharing their views in public forums, such as news stories, the attorney for the New York State School Boards Association suggested that maybe something has been lost in the translation.

The NYSSBA’s policy recommendation seems clear: “ … whenever communicating about issues related to the district, each board member should clearly state that he or she is communicating a personal opinion and is not speaking for the board.”

Somewhere along the line, some school districts have turned this into a restriction on speech even by individual board members.

The fact that individuals don’t give up their First Amendment rights when elected to any public office, including school boards, could perhaps be more clearly communicated, suggested Jay Worona, deputy executive director and general counsel for the NYSSBA.

“We’re the glad that you wrote the story,” Worona said, “it helps to remind us what the perspective of the press is related to covering their respective stories. Although board members, in the absence of being specifically authorized to speak on behalf of the board, may not do so (speak for the board). They certainly are not precluded from providing the press with their individual perspectives if they choose to do so.”

Further research by The Batavian on the topic also reveals the NYS Board of Education, as expressed in nearly a dozen rulings since 1978 by education commissioners, clearly supports the right of board members to speak freely. Ruling after ruling states, “Individual board members are entitled to express their views about issues concerning the district and engage in partisan activity, provided school district funds are not used.”

In our research, The Batavian also found another document from the NYSSBA that more clearly states that individual board members retain their free speech rights. 

“Individual school board members and other school officials, acting in their personal capacity, have the same right as any other member of the community to express their views on public issues,” the document states.

Yet, in Genesee County, there are five school districts – Alexander, Byron-Bergen, Le Roy, Oakfield-Alabama, Pavilion – that have articulated policies prohibiting individual board members from publicly stating their views outside of board meetings.

After reading The Batavian's story, Rick Blum, policy director of the Reporters Committee for Freedom of the Press, said he was baffled that elected bodies had such rules and the elected officials accepted such restrictions.

"I don’t understand how elected officials are not allowed to talk to their constituents," Blum said. "It doesn't make sense to me. If you are an elected representative, elected to run and administer a school board or any government agency or public office, you need to do it in a representative, democratic way."

Since the story appeared Monday, The Batavian has spoken with one local school official about speech restrictions.

Alexander Superintendent Catherine Huber, Ed.D., said -- in a single statement -- that board members both can and can't speak freely: They can't share their personal views on district business; and, they have the ability to express opinions. (NOTE: We will have more from this 45-minute interview in later stories.)

"Recently we did a board retreat and the board established norms, which you also probably saw on our website, and one of the norms that the board established was that they would speak with one voice," Huber said. "They would speak with one voice on matters related to the school district.

"Board members individually don't have power on their own. They have power and they come together around the board table. That is not the same as their inability to express an opinion. Anybody has the ability to express an opinion. But in terms of commenting on district business, the board members only can speak with that same one voice as a board and not as individuals and they've designated the superintendent, as they probably have in most school districts, as the spokesperson for the district."

In the interview, we compared the "one voice" policy to Communist China. Huber's only response, "You have the policies and I know you have the policies from the other school districts as well."

When The Batavian pointed out such a policy negates dissent or individual views, Huber responded, "It's in keeping with our policy. An important thing to keep in mind, too, is that one of the central jobs of a Board of Education is that they get to approve a policy. So Boards of Education approve the policy that talks about things like who is the spokesperson for the board."

When The Batavian tried to talk with Alexander board members after an April 23 meeting, Huber stepped in, and board members reiterated, that only she could speak to reporters, a communication transaction Huber confirmed during Wednesday's interview.

After that encounter and subsequent communications with the district, The Batavian decided to survey the seven other school district's in the county expecting to find Alexander's policy was an anomaly. What we found is, it is not. While the policies of Batavia, Pembroke, and Elba are, arguably, the anomaly, there are five districts willing to openly state board members can't speak freely.

There does seem to be some confusion in Elba about the policy. While Superintendent Keith Palmer said, "Board members should emphasize to the media when asked to speak as a board member that they can only speak as a private citizen," which is in keeping with NYSSBA guidelines. When, however, The Batavian attempted to send interview questions to Elba's lone school board candidate, Candy Bezon, she declined to answer citing board policy.

The story about board member speech restrictions seemed to surprise NYSSBA's Worona. He indicated he didn't know such policies existed at school districts in New York.

The NYSSBA serves 660 school boards in New York and provides information, training and advice on matters affecting school boards to its members.

Worona said if there is a lack of clarity among school boards, it something NYSSBA should address.

"We want to make sure our school boards are judged by what they do not how they do it," Worona said.

It's reasonable for school boards to have a designated spokesperson, whether that's the board president or the superintendent, because a spokesperson is likely to be the person with the most knowledge and information about a particular topic, but a board designating a spokesperson should not be confused with the right of individual board members to answer questions, or for reporters to ask them.

Board members, of course, have a right to decline interview requests for their own personal reasons.

“Some board member who wishes not to speak the press may not do so, not to be difficult, but because they don’t feel comfortable with that media," Worona said.

Some school district and board policies may not necessarily reflect that nuance, Worona said.

There's no nuance, however, in the decisions issued by NYS Board of Education commissioners going back to 1978 when a commissioner ruled on the appeal of Rita Wolfe. 

Wolfe was a Cold Spring Harbor School Board member who sent letters to residents of Cold Spring Harbor encouraging them to vote against a proposed school budget, an action the commissioner ruled was not illegal since Wolfe lobbied residents at her own expense.

"Although an individual board member or those members holding a minority view are not entitled to have their opinions published at the district's expense in board publications, this does not mean that the individual board member may not communicate his views at his own expense."

The Wolfe decision (which, given it is from 1978, is not available online) is cited in several subsequent commissioner decisions. Decisions that either site Wolfe or state the same principle include the application of Katrina Dinan, application of Rhea Vogel, the appeal of Kevin R. Allen, the appeal of Jeremy J. Krantz (which also notes that school district employees enjoy the same right to publicly express their personal views), the appeal of Guilaine Leger-Vargas, the appeal of Dione Goldin (which involves comments Goldin made to a newspaper reporter), the application of Kaila Eisenkraft, the appeal of Glen W. Johnson, the appeal of Vincent Wallace, and the application of Julianne C. Gabryel.

What an individual reporter can do about government policies that prohibit free speech by elected officials may be limited; though courts have found, such as in Chicago Reader v. Sheahan that government agencies can't argue that alternative newsgathering resources are available as an excuse for refusing direct access to a primary source. Yet this is what Attorney Jennifer Schwartzott -- who represents Alexander, Byron-Bergen, and Pembroke -- suggested when defending school districts' speech policies.

"Community members who are interested in what the local board members have to say can attend board meetings when the members discuss issues, share their opinions, and make decisions," Schwartzott said in response to questions emailed to her last week about individual board member rights.

Speech restrictions, however, abridge the rights most directly of school board members.

David C. Bloomfield, J.D., professor of Education Law at Brooklyn College and The CUNY Grad Center, and author of a book on education law written for community members who wish to better keep tabs on their local school boards, said board members who wish to challenge the speech restrictions might best be served by going to the NYSSBA to get information to bring back to their fellow board members. If necessary, however, they might need to file an application or appeal with the education commissioner.

"The new information (the decisions mentioned above that we found since the last story, with the help of Bloomfield) seals the deal," Bloomfield said. "Rather than speculating, it’s right there, spelled out in black and white. A district shouldn’t even discourage board members from speaking out. The First Amendment should be exercised."

There is no specific state law, such as the Freedom of Information Law or the Open Meetings Law, that addresses directly a board member's right to speak freely but such a law shouldn't be necessary, said Robert Freeman, director of the state's Committee On Open Government. "We have the First Amendment.

“If a board member is speaking out, it’s up to the board to take action, and I don’t think a board would, if they thought about this, because I think a board would recognize the right of a board member to speak out, absent not representing himself or herself, as speaking for the board,” Freeman said.

Later he added, “If a board member wants to speak out then I think he or she should and challenge the policy.”

If board members won't protect themselves, it will be up to voters to make changes, said the Reporters Committee policy Director Blum.

"I think the public is going to have to elect people who are going to change school board policy," Blum said.

Cindy Morgan, as she's done in past years for the Elba Senior Prom Drill, played the distraught mother who arrives at an accident scene to find her daughter is dead.

The prom drill is organized by the Elba Volunteer Fire Department with an eye toward making the accident response appear as realistic as possible so students get a stronger impression of the dangers of distracted driving or drinking and driving.

Morgan plays her part well, screaming things like, "She's still breathing," "Nobody performed CPR. How come nobody is performing CPR?", "My daughter is going to college."

The Western New York Tech Academy, at Byron-Bergen High School, hosted its first mentor's breakfast Friday morning and handed out three significant awards for the first time.

Isaac Ladley, a junior in the program, received the first-ever Professional of the Year award. Pictured with Ladley are faculty members Miranda Wharram-Santillo, Thomas Schulte (principal), Mariah LaSpina, Kathryn Beaumont, and Sean Madden.

The breakfast was followed by a business fair and mock employment interviews.

Liberty Pumps was selected as Business Partner of the Year. Pictured are Jeff Cook, David Williams, Robyn Brookhart, Dennis Burke, and Thomas Schulte.

The Mentor of the Year is Gina Lathan. Pictured with Lathan, a student she mentored, Rebecca Haniscewski, and Thomas Schulte.

Nancy Glazier and Garry Wilson led a group of farmers on a pasture walk Thursday on property Wilson rents off of Transit Road in Stafford to raise beef cattle.

Wilson said by fall he will have more than 70 head on the 200 acres he grazes.

Glazier, a small farm specialist with Cornell Cooperative Extension, said the purpose the pasture walk was to review Wilson's practices and perhaps advise him on changes he's considering to make better use of the land and give the grass a chance to grow and rest.

"It's a good way to learn is when you walk and talk," Glazier said.

Wilson's farm is based on Warsaw Road in Le Roy, where he once raised horses. He switched to cattle about six years ago.

He sells the beef he raises from his farm. He said while it's not certified organic, it's all raised "natural" and the meat is butchered at three local shops.

"I have 600 pounds of fresh ground beef in my freezer right now that is 98 percent (lean) for $3.50 a pound. I sell it from the freezer like that. Great stuff."

During the walk, he told his fellow farmers that raising beef is "just a hobby." Later he explained, "It's a hobby because, yeah, I enjoy it. That's why I call it a hobby."

He said was raised around cows and farming is in his blood.

"I enjoy being outside every day in the sun," Wilson said. "Even in the middle of the winter in a blizzard. I enjoy going out and feeding the cattle."

Jennifer Urvizu-Hanlon   Samuel Blackshear

The Central Avenue murder and attempted murder investigation stemming from last night's melee on Central Avenue in the city took an unexpected turn today.

A 48-year-old local businesswoman and a 17-year-old boy, who was found this afternoon at her residence on West Main Street Road in the Town of Batavia, were arrested in connection with the shooting of Nathaniel D. Wilson Jr.

Jennifer K. Urvizu-Hanlon, owner of La Mexicana store in Valu Home Plaza, is accused of providing a gun to Samuel R. Blackshear during the confrontation on Central Avenue last night; and Blackshear allegedly shot Wilson in the leg with that gun.

Urvizu-Hanlon is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd.

Blackshear is charged with attempted murder, 2nd, attempted assault, 1st, assault, 2nd, and two counts of criminal possession of a weapon, 2nd.

Additional charges are possible.

According to Batavia Police Chief Shawn Heubusch, police were able to charge Urvizu-Hanlon based on video evidence. A video camera installed on Central Avenue earlier this week captured the entire incident. Urvizu-Hanlon, Heubusch  said, was on Central Avenue at the time of the incident.

"Her activities at the scene were she provided the weapon that was used in the shooting," Heubusch said.

Asked if the video showed her physically transferring the weapon from her possession to Blackshear's, Heubusch said, "I can't disclose that information as that's probably going to be part of the legal process." 

Urvizu-Hanlon was the registered owner of the gun and permitted bearer of the weapon, Heubusch said. He did not say whether the weapon was recovered during searches today but did say evidence was recovered from the searched locations.

Heubusch said investigators have yet to discern the nature of the relationship between Urvizu-Hanlon and Blackshear.  

Blackshear and another unidentified male were located at Urvizu-Hanlon's residence this afternoon.

That residence is a small yellow house on property owned by Upstate Toyota and next door to the dealership. Urvizu-Hanlon is a rental tenant.

Heubusch said, however, that investigators have not established that Blackshear was living there. He is officially listed as "no permanent address" and Heubusch said he tended to stay with other members of the community, as well.

Wilson, the man injured by the gunshot, was arrested after being released from the hospital and charged with murder in the stabbing death of Terry J. Toote, a 41-year-old Batavia resident whose last known residence was on West Main Street.

Urvizu-Hanlon, Blackshear, and Wilson are all being held without bail.

Batavia PD was able to bring all three into custody in less than 17 hours after the stabbing and shooting.

"Our guys did phenomenal police work," Heubusch said. "We had a lot of a lot of evidence to go through. They had a lot of witnesses to talk to. And it's still not done. But I'll tell you that they did a tremendous job overnight, and taking care of all of the issues that were at hand, and handling the other calls for service."

Heubusch also credited the assistance of the Sheriff's Office, State Police, the Orleans County SWAT (which assisted the Genesee County ERT), the Department of Environmental Conservation, and city fire for assisting at the scene last night and throughout the investigation.

"I can't speak highly enough about the cooperation in this county," Heubusch said. "Any time you need something, you give the sheriff or somebody else a call and they're going to send some people your way."

Another subject who was found at the West Main Street Road residence was released after questioning and is not a suspect, Heubusch said, though he may be a witness.

There is still investigative work to be done and Heubusch is asking witnesses to come forward and residents in the area who have video of the incident to supply it to investigators.

That said, it is likely that the primary suspects from Thursday night have all been arrested.

"The video evidence that we received and that we viewed was pretty clear," Heubusch said. "We do not believe that there are any outstanding suspects in this case."

Whether the incident last night is related to prior incidents on Central Avenue over the past few weeks is still unclear. There may be some connection, Heubusch said, but it's not clear which prior incident threads to a connection with this incident.

"We're still investigating as to what was the motive leading up to it," Heubusch said. "There was a large disturbance that took place down there. There was a fight between several individuals -- the deceased, the suspect that was arrested for that crime, as well as a suspect that was arrested for the shooting. There were other individuals involved in punching and kicking and that sort of thing. But it looks like there was a large fight."

Heubusch agreed it's striking that of all four individuals police have connected to this incident -- Toote, Wilson, Blackshear, and Urvizu-Hanlon -- none are residents of the Central Avenue/Pringle Avenue area of Batavia, though all four have long-standing ties to the community.

Why Central Avenue has become a flashpoint in the past several weeks is hard to pinpoint, but Heubusch said police are doing what the can to address the issues.

"I certainly can't deny that there are problem areas," Heubusch said. "That is something that we have been anxiously working on to try to solve the issues in that particular neighborhood. When it came to our attention that there were several instances of disturbances down there we took measures to increase the lighting in that area. We took measures to put up a street camera down there, which was essential in capturing the evidence that led us to the conclusions here. So you know we did as much as we possibly could."

Ultimately, brighter lights, cameras, and more patrols won't solve neighborhood problems without the cooperation of the residents who live on problem streets, Heubusch acknowledged.

"We would like to see is more community interaction," Heubusch said. "If you see something you need to give us a call. Don't be afraid to take back your neighborhood, so to speak. That's what we need. We need people to be proactive. We need neighbors to take care of neighbors and not hide from things like this. We will do whatever we can to protect you but come forward; otherwise, we can't charge these folks and get them out of your neighborhood."

Top photo and second photo, from a vigil on Central Avenue, by Howard Owens. The next photos of the vigil courtesy our news partner 13 WHAM.

Nathanial D. Wilson Jr., 30, with a last known address on Chestnut Street, Batavia, has been charged with murder in the second degree in the stabbing death last night of Terry J. Toote, 41, of West Main Street, Batavia.

Toote suffered a knife wound to the center of his chest. Wilson suffered a gunshot wound to his leg.

Police are looking for the suspected shooter. There is a person of interest police would like to interview.

Det. Eric Hill said he couldn't comment on whether any weapons were recovered.

After Toote was stabbed, other people in the area came to his aid. People were yelling "call 9-1-1, call 9-1-1" and a citizen started performing CPR and continued CPR until Mercy EMS arrived on scene.

Police have not said what precipitated the confrontation last night but don't believe it is connected to an incident a couple of nights earlier where a group of people were jumped by a number of other people, at least two with baseball bats and one person with a gun.

Toote has a criminal record. He was recently released from state prison on a conviction for attempted sale of a controlled substance. He was charged in Orleans County. That was a second felony offense for Toote, according to Orleans Hub. He was arrested in Batavia in 2014 on a harassment charge.

We haven't been able to confirm yet whether Wilson had any prior arrests.

The incident started some time before 11:30 p.m., Thursday. A witness who lives on Pringle Avenue said she heard people walking down Pringle talking loudly. One said, "I apologized. I apologized." When the group reached Pringle and Central, she said it sounded like the argument escalated, then she heard three gunshots. She said when she looked down the street she saw an SUV leaving the scene quickly.

Another witness said there was a car parked on Highland and the driver yelled, "They shot my boy. They shot my boy." And then that vehicle left.

Toote was pronounced dead at UMMC by County Coroner Donald Coleman.

While Wilson was being treated at UMMC, investigators developed information that indicated Wilson was allegedly responsible for stabbing Toote. Once he was released from medical care, he was taken into custody and then arraigned this morning in City Court on the murder charge.

Shortly after midnight, there was a disturbance at the hospital. Family and friends of Wilson and Toote were involved, according to police. The hospital went on lockdown as a precaution. There were no weapons displayed or threatened. The parties were separated. No charges have been filed.

Central Avenue has been a hotspot of disturbances recently so just about 24 hours before the stabbing and shooting, police activated a recently installed camera, which became critical in gathering evidence for this case.

"Due to these issues, the Department installed a video surveillance camera in the area and had the street lighting enhanced," Batavia PD said in a statement. "The street surveillance camera was instrumental in this investigation. The Department has also received several other videos showing the incident from witnesses who will remain anonymous. These, too, were instrumental in aiding in this investigation."

The case is under active investigation and Hill said police have been busy following up on leads.

From the press release:

The Department would like to thank the New York State Police, Genesee County Sheriff’s Office, the Genesee County Local Drug Task Force, New York State Department of Environmental Conservation (ENCON), City of Batavia Fire Department, Mercy Medics and Genesee County District’s Attorney’s Office.

Anyone with information in reference to the case may contact Detective Thad Mart at 585-345-6372 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370 or online at http://www.batavianewyork.com/police-department/webforms/report-suspicious-drug-or-criminal-activity.

More information will be released at the conclusion of the investigation.

CORRECTION: We initially pubished the suspect's name incorrectly. The correct last name is Wilson. The story has been corrected.

Press release:

Congressman Chris Collins (NY-27), member of the Energy and Commerce Committee, applauded the advancement of 40 bills out of the Energy and Commerce and Ways and Means Committees to help combat the opioid crisis. Collins worked with his colleagues to address two specific problems related to the opioid epidemic, the over-prescription of opioids and fraud.

Collins worked with Congressman Scott Peters (CA-52) and Congressman Peter Welch (VT-At Large) to author an amendment that passed the Energy and Commerce Committee that improves the quality of care Medicaid patients receive.

Their bipartisan work will require states to identify and address inappropriate prescribing and billing practices under Medicaid to decrease the likelihood that an excess of these drugs will make their way into communities.

“We’ve seen the devastating impacts of the opioid epidemic in every community across our nation,” Collins said. “These harmful drugs can fundamentally change who you are and rob you of your ambition, dreams, and dignity. It is our responsibility to do everything we can to prevent addiction from happening in the first place, which is why we need more reporting and accountability from the state level.”

“The opioid crisis is devastating families in San Diego and across the country. We need to do more to address the root causes of the epidemic,” Rep. Peters said “This amendment, led by Rep. Collins, Rep. Welch and me, will help identify patterns of overprescribing and inappropriate billing through Medicaid by using data already collected by states. Most important, it will direct states to remedy any practices that indicate abuse and help reduce the likelihood that opioids reach our communities.”

“Families and communities in Vermont are struggling with the scourge of opioid addiction,” Welch said. “To contain this epidemic, the federal government must have a multi-prong strategy that includes attacking the root cause of overprescribing. Our bipartisan legislation requires state Medicaid programs identify and educate outlier providers writing an excessive number of opioid prescriptions.”

Additionally, Collins co-authored a bipartisan piece of legislation that stops payments from Medicare prescription drug programs if a pharmacy is being investigated for fraud by the Inspector General. This bill, The SENIOR Communities Protection Act, was reported favorably from the Ways and Means Committee.

Collins added: “If there is any suspicion of a person fraudulently prescribing opioids, we must quickly take action and get to the bottom of the situation before providing any compensation. There are so many factors that have contributed to the opioid epidemic, and I’m proud of the meticulous work that we have done to address all of these issues in order to prevent over-prescription and fraud.”

For more information on yesterday’s Energy and Commerce Committee hearing and to read a copy of the amendment by Reps. Collins, Peters and Welch, click here. For more information on H.R. 5676, The SENIOR Communities Protection Act, click here.

It will be an exciting day sometime in June when the Holman family -- Matt, Maren, and Reya, who is 3 months old -- can finally move into their new home on Edgewood Drive, Batavia.

Five years ago they put their names on a waiting list for their planned home to become a construction project for the BOCES building trades program, they finally got to draw up plans with an architect a year ago.

After 11 months of building, the 1,800-square-foot, three-bedroom, two-bath house with a finished basement is nearly complete.

"Obviously they did a phenomenal job around here," Matt Holman said. "The teachers kept them in line the way that good teachers do. It's been a phenomenal process. They take care, so it's just a good value for everybody and that is evident in the work."

The building trades program gives students interested in construction work an opportunity to learn about construction both from a residential standpoint and a commercial standpoint. The students do the work under the supervision of teachers coupled with classroom construction on what they're doing and why.

Affordability was a big reason Mat and Maren turned to BOCES for their new home construction.

"We've been through the last four or five (BOCES houses) and we saw the quality of work they did," Matt said. "That was the tipping point. We knew the potential cost savings but we wanted to be sure that the quality was where we wanted to be."

It is and now they will have a new home for their infant daughter.

"We did it all for her," Matt said. "She's the reason we're here."