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A motor-vehicle accident with minor injuries is reported at Main Street and Bank Street, Batavia.

City fire and Mercy EMS dispatched.

A Sheriff's deputy dispatched to a report of shots fired at the Log Cabin Restaurant at just before 11 p.m. Wednesday shot and killed an armed suspect after the suspect pointed his weapon at the deputy, according to Undersheriff Gregory Walker.

"Officers were responding to the scene (for a report of shots fired) and when they got here they found the suspect in the parking lot," Walker said. "The officers yelled commands to him; when they yelled the commands to him, he turned towards one of our officers and pointed the gun at our officer. Our officer did take the shot and the suspect was killed."

The suspect's weapon was recovered at the scene, Walker said.

Since the shooting involved a Sheriff's deputy, the State Police were asked to lead an independent investigation. Walker said he expects a joint Sheriff's Office and State Police press conference later this morning or early afternoon to discuss the incident in more detail.

At this time, Walker said, investigators do not know why the suspect was firing his gun.

The only person shot was the suspect. He has not yet been identified. Nobody else was injured in the incident.

While details of the incident have not been confirmed yet, it's possible, Walker said, the suspect did fire his weapon both inside and outside the restaurant before law enforcement arrived on scene.

There were customers and staff in the restaurant when the incident started.

The suspect was armed with a handgun, according to Walker, and officers were informed before arriving on scene that there was confirmation of shots being fired at the location.

The name of the deputy involved has not been released.

The Log Cabin Restaurant is located at 1227 Gilmore Road, Indian Falls. At this time, Gilmore Road remains closed between Route 77 and Akron Road.

Neither Walker nor Chief Deputy Jerome Brewster could remember another officer-involved shooting in Genesee County in the past 30, 40, or more years. Brewster said he thinks the last one involved Batavia PD on Oak Street in the 1970s.

(Initial report)

Press release:

In 1991, a formal Congressional resolution acknowledged the vital role that telecommunicators play in emergency situations by proclaiming the second week in April as a week of annual recognition in their honor. National Public Safety Telecommunicators’ Week is a time to thank these men and women who have dedicated their lives to serving the public.

The Genesee County Sheriff’s Office recognizes and commends the County’s 9-1-1 dispatchers for their dedication, professionalism and commitment to public service.

9-1-1 dispatchers are there 24/7, 365 days a year for first responders and the public in time of need. Many people do not think about these seemingly nameless, faceless individuals until they experience actual emergencies themselves. In many instances, 9-1-1 dispatchers make the difference between life and death.

More than 93,000 events were dispatched in 2017, a daily average of 255, and more than 120,000 telephone calls were handled last year, which is an average of 329 calls per day.

The Genesee County Emergency Dispatch Center (Public Safety Answering Point-PSAP) is comprised of 24 men and women who dispatch to five local police agencies/New York State Police; 19 fire departments/Emergency Management Service; threee ambulance services; as well as 41 other local, county, regional, state and federal agencies.

The Genesee County Sheriff’s Office recognizes these public safety professionals who have worked so hard during this past year. Every day citizens depend on the skill, expertise and commitment of the 9-1-1 dispatchers. They are the first to take that phone call; the first to provide basic life support in a medical emergency; and also the first to dispatch needed fire, police or EMS responders for the call.

They are to be recognized and commended.

Photos by Howard Owens.

When the children of Claudia Celia Rincon Pico and Loan Trang entered Batavia City Schools a few years ago, neither mother spoke a word of English.

On Tuesday night, both mothers spoke to City School Board members to demonstrate how a special Sunday night English class led by Jenna Mrzywka and Courtney Turner has helped them improve their English.

Mrzywka, an English as a Second Language teacher at Jackson, and Turcer, an ESL teacher at Batavia HS, started the Sunday adult English night class on their own (it's now supported by the district) two and a half years ago.

"They're new to the community and a lot of times when someone is new to a country they feel there are cultural and language barriers so they don't always come into the school," Turcer said. "This is a chance to bring parents into the school building and a chance for kids to help their parents and it's a way for them to make friends and get roots in the community. They know English is important so it's a way for them to help themselves."

Rincon Pico and Trang have been part of the program since its inception, though Trang recently opened a nail salon in Erie County and now lives in the Pembroke Central School District, where her son attends school.

Rincon Pico is from Colombia and Trang is from Vietnam. Turcer said ESL students tend to be predominately Spanish-speaking, though Chinese is often common, but students have come through speaking other languages, including an Indian language and French. When she started with district five years ago there were 13 or 14 ESL students, she said. Today there are 40, including 10 at the high school.

Both Mrzywka and Turcer have built solid relationships with parents in the class, which makes it easier to help them deal with school work for their children.

They also said the parents, despite often coming from different countries and cultures, build lasting friendships among themselves.

The non-English population in Batavia is fluid, Turcer said, so there is some fluctuation in class size. Currently, there are five adults in the class. There have been as many as 10 and as few as two.

Adult students start with the basics, learning their ABCs, and move onto personal identification, food, and household items.

In their presentations, Rincon Pico and Trang shared about their home countries, what their interests are, and their favorite dishes from their homelands. Interestingly, both dishes, though very different, featured pork, rice and peppers.

Trang said she was grateful to the Batavia district for all it had done for her and her family.

"I love to become an American," said Trang at the close of her talk, who also noted one of her favorite holidays is the Fourth of July. "I love it here and I love America."

Jordan S. Thomas, 19, of Elm Street, Batavia, is charged with criminal contempt, 2nd. Thomas allegedly violated an order of protection by allowing the protected party to stay at his residence for several hours on Monday. Thomas was jailed on $1,000 bail.

Octavio Michael Tardy, 52, of Walnut Street, Batavia, is charged with harassment, 2nd. Tardy allegedly shoved another person during an argument at 1:22 p.m. March 25 at a location on Main Street, Batavia.

Amy M. Gasper, 45, of Webster, is charged with petit larceny. Gasper is accused of a theft in the Town of Batavia at 9:53 a.m. on April 4. She was arrested by State Police on Tuesday. No further details released.

The Genesee County Health Department conducted a community health emergency drill today at Genesee Community College, this time simulating how workers would handle a potential outbreak of Hepatitis A.

These drills are required by the state and state health department officials draw up the scenario that will be handled by all the county health departments in the state.

In this case, the health department was notified that a fictitious worker at a fictitious grocery store had contracted Hepatitis A, confirmed by lab results. Since the store employee handled fresh produce, residents in the county were to be notified through news media that if they had been in that store, especially in the produce section, that they may have been exposed to Hepatitis A. The residents are then encouraged to come to the aid station, register, be asked a few health questions and if not yet symptomatic, given a vaccine shot.

In the drill, nurses, from the mental health department in this drill, simulated the shots by sticking a needle into a tangerine. 

Some of the participants acting as patients in the drill were GCC students. Each trip through the process was worth a slice of pizza.

An effort to reduce the cost of the county's Weights and Measures program and generate new fees to help cover the costs of an inspector's duties got sidetracked last month when county officials found out state law wouldn't allow them to charge one of the fees on the new fee schedule.

It's called a "witnessing fee." It is charged when an inspector works at a facility with a third-party to certify the scales of a company that uses large equipment. The third-party calibrates the large scale when the county doesn't have its own equipment to calibrate large scales. The inspector must witness the work and place the seal on the equipment once it is certified as accurate.

Under Article 16 of the Ag and Markets Law, the county can charge this fee but another section says they can only charge a witnessing fee if it owns the calibration equipment.

Genesee County does not own this equipment and works with a company from Rochester to perform the inspections.

The County Legislature approved a plan at the beginning of the year to eliminate Weights and Measures as its own county department with its sole employee, the director of weights and measures. The division is now part of the County Health Department, under Director Paul Pettit, and the county's weight and measures "director" is a director in title only.  He is the inspector.

In January, the county hired an inspector and teamed him with a trainer from weights and measures. At his first large job, a firm in Genesee County that asked not to be identified, the inspector informed the owner he was going to charge the witnessing fee. The new inspector was told by both a rep from the Rochester firm and the owner of the local company that the fee wasn't legal.

That evening, the new inspector told his local supervisor that he couldn't charge the fee. The following day, a Friday, there was a snowstorm and the inspector says he was told he could stay home with his kids.

On Monday, the inspector was dismissed from his job. He said he believes it was because he refused to charge the witnessing fee. He said the official reason was he was given was an "attendance problem" but he doesn't believe he had an attendance problem.

Pettit said he can't discuss personnel issues.

He did acknowledge that it was through the inspection at the local company that the county was made aware of the contradiction in state law over the witnessing fee.

Pettit said the county has not charged the fee nor has it collected the fee. The dismissed inspector said he handed a bill with the witnessing fee to the local business owner. The owner said he refused the bill.

Pettit said the county and its attorneys are working with state officials to try and resolve the issue over witnessing fees, which a spokesperson for Ag and Markets confirmed, but Pettit thinks it will take a change in the state regulations in order for Genesee County (and Orleans County) to be able to charge a witnessing fee without owning its own equipment.

"This witnessing fee allows us to recoup some of the time spent out on the site by our director," Pettit said. "He might be out there two, four, six hours, depending on the intricacies of the test. If we're not able to collect the fee, the full cost of that test is being borne by the taxpayer."

A two-car accident with unknown injuries is reported on Route 98 at Lockport Road, Elba.

Elba fire and Mercy EMS dispatched.

UPDATE 8:17 p.m.: There are injuries. Elba is responding from Alexander, where crews were in training. Barre is being put on standby.

UPDATE 8:26 p.m.: Fire police requested to shut down Route 98 at Old Orchard Road.

As County Health Director Paul Pettit anticipated, there are a few more cases of flu reported locally after a sharp decline from the peak of the season in February.

It's too soon to tell, Petit said, how strong this second wave of cases will be.

"Until we get the next report, we're not sure if it's going to go back down or back up," Petit said.

For the week ending March 31, there were 23 reported flu cases in Genesee County, up from just 13 the week before.

Statewide, the trend is also toward a second wave of flu cases.

"It’s very typical in most seasons, have a peak and then numbers will tail off but then usually there is a second wave," Petit said. "It's usually not expected to be as prevalent."

In total for Genesee County, there have been 683 flu cases reported this season. Petit said typically we would have from 150 to 200 flu cases.

"It's never too late to get a (flu) shot," Petit said; however, he urged people who start to have flu-like symptoms to try and avoid contact with other people and if they take an antiviral medication such as Tamiflu, that will help.

On Friday, we published a story about the active threat training going on at the NYS School for the Blind in one of the vacant buildings. Batavia PD shared with us this video taken using an instructor's body cam of one of the force-on-force drills.

Press release:

Saturday night, Congressman Chris Collins again attacked the student-led forum held in Buffalo, which was organized by students across his district. And once again, he did it behind closed doors in an environment that he could control.

In an interview posted in its entirety on wgrz.com, Collins swings wildly with his attacks and unfounded allegations. Previously he said the event would be a “circus.” But when confronted about it being respectfully held in a church, he scoffed, literally laughing and going back to labeling all those involved, calling it a “partisan, liberal event.”

When told by the reporter from the news station that she witnessed and collected unsolicited questions from all those in attendance, Collins refused to acknowledge it and insisted that the event was an “a joke.”

In the interview, Collins also claims that panel participant and his Congressional race opponent Nate McMurray was “handpicked” by Brian Higgins to participate.

McMurray responds, "Higgins had nothing to do with me being there, and in fact was probably not happy the students invited me. Collins is clinging to that empty take like a man clinging to (a) life preserver. As you can see in his interview, he’s worried. He wants to create as much confusion, so he never has to face me directly."

Collins also claims that McMurray had as much a right to be there as an Uber driver.

McMurray responded, “Honestly, I should just laugh it off, but it’s such an elitist thing to say. I hope there were some Uber drivers there. I met some teachers, law enforcement folks, and others. I’m guessing we had a few Uber drivers, too. It was packed!”

As to Collins claims that it was partisan, McMurray replies, “I volunteered not to go, if he decided to go. I would have been much happier if he, as our elected official had taken the stage. I could have done what he did and sit home and watch the tape, because he obviously studied every second of it.

"But he, like every other member of his party who refused to attend, and there were multiple invitations sent out to multiple elected officials, decided to make it a partisan event.”

McMurray says he will now do what Collins would not.

“I am going to reach out to pro-Second Amendment groups. And I will reach out to the student groups once again to see if they also want to participate. But I want to speak before groups that may not agree with me, that may even boo me. There will be another forum.

"That’s how we solve things in America. We don’t retreat to our partisan camps. We don’t attack behind the closed doors of television studios. We meet in the public square, the town hall.”

Jonathan P. Balaz, 41, of East Main Street, Batavia, is charged with falsely reporting an incident, 2nd. Balaz is accused of pulling the fire alarm at DePaul Properties, 555 E. Main St., Batavia, at 4:37 p.m. Friday when there was no fire or another emergency. (Balaz was recently arrested on two similar accusations.)

Rachael Marie Lochner, 23, of Janice Drive, Rochester, is charged with: felony DWI (driving drunk with a child less than 16 in the vehicle); driving with a BAC of .18 or greater; failure to keep right; and moving from lane unsafely. Lochner was involved in an accident on South Street Road, Pavilion, at 1:41 p.m., April 4. Her vehicle reportedly left the roadway and struck two fences, causing property damage, to two other vehicles and a building. The accident was investigated by deputies Andrew Mullen and Kevin McCarthy.

Rueben O. Walker, 33, of Ellicott Street, Rochester, is accused of criminal possession of stolen property, 4th, and criminal impersonation, 2nd. Walker is accused of using a debit card belonging to another person, claiming he knew the person but did not have permission to possess or use the card. He was jailed without bail.

Shaquille Levon Davis, 25, of Main Road, Stafford, is charged with criminal mischief, 4th. Davis allegedly damaged a door during an argument at a residence on Highland Park at 2:45 p.m., Thursday. He was ordered held on bail.

Robert D. Griffin Sr., 39, no listed address, is charged with criminal contempt, 2nd. Griffin is accused of violating an order of protection at a location on Manhattan Avenue at 7:50 p.m. Saturday.

Antonio M. McKinney, 43, of Gibson Street, Buffalo, is charged with DWI. McKinney was arrested after Officer Christopher Lindsay responded to Speedway at 4:24 p.m. Saturday to investigate a report of a larceny. Upon investigation, it was determined that McKinney allegedly drove to Speedway in an intoxicated condition. He was jailed without bail.

Kevin Angel Rivera, 23, of Richmond Terrace, Staten Island, is charged with harassment, 2nd. Rivera is accused of pushing another person and punching that person in the face during an argument at College Village at 4 p.m. Sunday.

Press release:

On Monday, businessman Nick Stankevich suspended his grassroots Congressional campaign against Chris Collins.

"Eight months ago, I announced my candidacy to represent our community in Congress," Stankevich said, "standing for issues that put people first has always been the heart and soul of my campaign: healthcare for a healthier society, good education for our children’s future, job creation by investing in rural infrastructure and a renewable economy.

"Growing up in Western New York, learning from this great country, and seeing our communities for what they could be, there is a need to push for a new direction with fresh ideas. I ran for Congress out of an obligation to give back to a community that gave me so much. I have been the beneficiary of some of the hardest working people in Western New York and thank them for the time and effort they put into this campaign.

"My family, friends and everyone who supported me have shown me, once again, that we live in a unique place. Having traveled throughout our rural towns to meet with farmers, veterans and small business owners, I am reminded that we live in a place where it does not matter where you have been, what you look like, or how much money you make. It only matters that the contents of your character are pure and that you long for a future where our children are better off than we are.

“After careful consideration and with a heavy heart, I am suspending my campaign for Congress. I’m proud of the campaign I ran and proud of my team. I will take the lessons learned and the warmth from our neighbors who yearn for a better tomorrow, to continue fighting to make our community better. As always, I encourage every decision you make to have people at the heart of it, along with humility, compassion and kindness. The people of Western New York deserve that in their representative.

“I want to remind everyone, Republican or Democrat, of the strength that you hold in your hands. Your vote won’t just affect change for two years, but it will be a symbol of hope for generations to come. The promise of America is not only that your vote will count, but also that it will mean something. It assures you that we are a part of something bigger than right now.

"Our decision at the ballot box will be judged in the history books, and our children and grandchildren count on us to give them a better future than we could ever imagine. May God bless the United States of America."

A reader tipped me to this video. It's an informative profile of Eli Fish Brewing Company.

Batavia's rich art history doesn't get a lot of attention, except, maybe, from Ryan Gaebler, who was among the vendors this year with a booth at the Holland Land Office Museum's annual antique show and sale at Batavia Downs this weekend.

About six years ago, Gaebler bought a couple of paintings from Dave Thompson at the flea market at the Genesee County Fairgrounds and Thompson started talking with him about local artists he enjoyed and collected. So Gaebler started keeping an eye out for works by local artists at estate sales, auctions and online.

For Gaebler, collecting works by local artists has become a passion.

"There is great art history in Genesee County, more specifically, Batavia —  the Masons, Roy, Max, Nina Mason Booth, Pat Burr, Rose Pontillo Dicarlo, Virginia Carr Mumford, R.W. Ware, I just love them all," he said. "It’s a lot of great history and a lot of great art."

Gaebler buys pictures to collect them but generally, his collection is for sale.

"I buy them because I love them and I collect them but they’re also for sale," Gaebler said. "I don’t sell a lot. I love to collect them until they sell but if they don’t sell, well, it’s not a big deal if I don’t sell them."

For those interested in buying local art, Gaebler can be reached at ryjon88@yahoo.com.

An oil painting, a watercolor, and a sketch by Roy Mason, perhaps Batavia's most renowned artist. The oil painting, Gaebler said, is, he thinks, Mason's finest work in oil.

There is a letter from Mason that goes with the watercolor that talks about the piece, adding to its value.

Michael Welch, co-owner of Welch and Craine in Batavia, with a pastel portrait of Gen. Henry Warner Slocum, who was originally from Central New York, served in the Civil War and served two terms in Congress.

A car is reported upside down in the water in the area of 7186 Meadville Road, Alabama.

It's unknown if it's occupied or if anybody is in the area.

A caller is roadside awaiting emergency responders.

Alabama fire and Mercy EMS responding. Law enforcement in route.

UPDATE 6:36 p.m.: Residents in the area told a trooper that the vehicle was stuck and all of the occupants were out before it went into the water. It's in water that is reportedly "moving pretty fast."

UPDATE 6:45 p.m.: Confirmed, the vehicle is empty. Reader submitted photo.

UPDATE 8:55 p.m.: The vehicle has been removed from the water. Alabama fire is back in service.