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Two-car accident at East Main and North, Le Roy

By Howard B. Owens

A two-car accident is reported at East Main and North streets, Le Roy.

Unknown injuries.

Le Roy fire and Le Roy ambulance dispatched.

A chief on scene says to hold the assignment to one engine.

UPDATE 1 p.m.: Intersection cleared. Le Roy fire back in service.

Law and Order: Canadian accused of stealing golf cart, getting into accident at Darien Lake

By Howard B. Owens

Hofford Lindsay Ian, 53, of Bluff Trail, Nobleton, Ontario, Canada, is charged with: DWI; unauthorized use of a vehicle; leaving scene of an accident; refusal to take breath test; and moving from lane unsafely. Ian allegedly drove a golf cart without the owner's permission while at Darien Lake. While operating the golf car, Ian allegedly struck another vehicle and left the scene of the accident. He was jailed on $5,000 cash bail or $10,000 bond. 

Melissa R. Reinard, 24, of Pine Ridge Road, Cheektowaga, is charged with DWI, driving with a BAC of .08 or greater, and speeding. Reinard was stopped for allegedly driving 53 in a 35-mph zone in Corfu by Officer Richard Retzlaff.

Galen Bena Sundown, 24, of Council House Road, Tonawanda Indian Reservation, is charged with: DWI; driving with a BAC of .18 or greater; unreasonable speed; drinking alcohol in a motor vehicle; and driving on public highway while using a mobile phone. Sundown was reportedly involved in a personal-injury accident at 2:34 a.m. Sunday on Council House Road, Alabama. The accident was investigated by Deputy Howard Wilson and Deputy Howard Carlson.

Sandra J. Kessler, 45, of Lewiston Road, Batavia, is charged with DWI and driving while impaired by drugs. Kessler was arrested following an investigation of a reported suspicious condition on Ellicott Street, Batavia, by Deputy Howard Wilson, at 11:12 p.m. on Friday.

Anthony Professor Blackwell, 39, of George Urban Boulevard, Cheektowaga, is charged with criminal mischief, 3rd. Blackwell turned himself in on a warrant. He was jailed on $5,000 bail.

Child seriously injured after being hit by car on Route 77 in Pembroke

By Howard B. Owens

A 10-year-old boy from Kunming, China, was seriously injured last night after being hit by a car on Route 77 in front of the Flying J Travel Plaza in Pembroke.

Investigators say the child tried crossing the road without yielding the right of way to cross traffic at 8:17 p.m.

He was hit by 2008 Hyundai Santa Fe driven by Kenneth R. Paulter, 62, of Lancaster.

The boy was taken by Mercy Flight to Women and Children's Hospital in Buffalo.

Paulter was not injured and no charges have been filed as a result of the accident.

The accident was investigated by Deputy Rachel Diehl and members of the Genesee County Sheriff's Office. Assisting at the scene were the Pembroke Fire Department, Indian Falls Fire Department, Corfu Fire Department and Mercy EMS.

(Initial Post)

'Ruby' wins Batavia Downs Wiener Dog Race in first time on track

By Howard B. Owens

Press release:

Ruby, a 3-year-old dachshund making her first lifetime start, defeated nine other wiener dogs on Sunday (Aug. 27) en route to winning the 2017 Batavia Downs Dachshund Dash, sponsored by Genesee Feeds of Batavia.

History has shown that a dog racing for the first time normally doesn’t perform as well as dogs that have raced in previous years. But that wasn’t the case on Sunday when Ruby, who is owned by Patrick Gorman, of Buffalo, served notice with an electrifying heat victory believed to be the fastest win ever at Batavia.

In the final she took the lead soon after the start and cruised to victory.

“She stays fit by swimming,” said her owner Gorman. “She loves to fetch so that’s why we entered her.”

For her efforts her owner takes home $135 in Batavia Downs Gaming Free Play and two clubhouse buffet tickets.

Finishing second was Maximus for owner Carrie Marseglia while Martin for owner Christine Baker was third.

Getting the biggest roar of the crowd was former champion, also named Rudy. Now a 14-year-old, the legendary Dachshund who was unbeatable in 2005 and 2006 made the final but was unplaced.

“It was a remarkable afternoon,” Director of Marketing Ryan Hasenauer said. “Every year Family Fun day gets bigger and better and we look forward to doing it all again next year.”

With New York Sire Stakes, Family fun Day and the Wiener dog races, local racing fans and families came out in force on a perfect summer afternoon. Track officials estimated the live crowd to be 3,500.

Pedestrian hit in front of Flying J, Pembroke

By Howard B. Owens

A car vs. pedestrian accident is reported on Route 77 in front of the Flying J Travel Plaza, Pembroke. 

Pembroke fire and Indian Falls fire along with Mercy EMS are responding. 

Mercy Flight also dispatched. 

Corfu fire requested to shutdown all northbound traffic at Route 5.

UPDATE 8:26 p.m.: Southbound traffic shutdown at the interchange. 

UPDATE 8:30 p.m.: ETA for Mercy Flight #5 out of Batavia is six to eight minutes. Landing zone at the Town Hall. 

UPDATE 8:36 p.m.: Mercy Flight on the ground. 

UPDATE 8:58 p.m.: Mercy Flight in the air. Flying to Women and Children's Hospital in Buffalo. Road reopened. Pembroke and Indian Falls back in service. 

Two arrests at Green Day concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Green Day Concert at Darien Lake Performing Arts Center on Saturday:

Dustin R. Waldmiller, 23 of Harding Road, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Thomas J. Pilarz, 27, of Appletree Courts, Cheektowaga, is charged with disorderly conduct after allegedly causing a disturbance in the venue parking lot.

Man accused of setting box on fire in attempt to steal Apple ear buds from Walmart

By Howard B. Owens

A 19-year-old Batavia man has been charged with arson and petit larceny after allegedly setting a box on fire that contained Apple ear buds in an attempt to steal them.

The suspect then disposed of the burnt box under a metal display rack and attempted to leave the store before being intercepted by store security officers.

Arrested was John Rai Delara, 19, of MacArthur Drive, Batavia. He was charged with petit larceny, fifth-degree arson, and criminal mischief, 4th.

He was released on an appearance ticket.

Photo: Car wash today supports Batavia Cheer

By Howard B. Owens

Batavia High School cheerleaders have been conducting a car wash today on West Main Street, at Ziebert's next to Beverly's Florist. The car wash continues until 3 p.m.

Reader submitted photo and info.

Photos: Here and Now Festival in Austin Park

By Howard B. Owens

Austin Park was filled with praise and worship this weekend for the Here and Now Festival, featuring several Christian music acts and pastors along with dozens of vendors and activities for families.

More than 3,000 people turned out for last night's music and the festival continues today through 10 p.m.

Photo: Doggie Day at Dave's Ice Cream

By Howard B. Owens

Today is National Dog Day and so it was DoggieDay at Dave's Ice Cream on West Main Street Road, Batavia.

Dogs got free ice cream. It was also a fundraiser for Volunteers for Animals with hot dogs and soda.

Some readers may remember "Pachuco," who was our "Pets columnist" back when we first started and ran an adopt-a-pet column. When we first moved to Batavia in 2009, that first summer, we took Pachuco to Dave's on Doggie Day. Pachuco is nearly 10 years old, which is elderly for a dog his size. This is probably his last Doggie Day.

In the background, Rocky, who is doing very well.

Fundraiser set for toddler and family in treatment for leukemia

By Howard B. Owens

There's good news for 8-month-old Halani Rolle and her family. Doctor's say she's in remission for acute myeloid leukemia, but her treatments are far from over. (Previously: Infant in Batavia fighting the battle of her life)

She will have a bone-marrow transplant. Her sister Harlem is the donor.

There is a fundraiser for Halani and her family at the VFW on Sept. 2.

More information from her mother:

She has undergone three rounds of chemo and is currently in remission set to have a bone marrow transplant on Sept. 13th. Her sister Harlem is her match and will be her donor.

She is so appreciative to be helping her sister. Harlem says, "Mom, Halani is going to be just like me now because she's going to have my blood."

Halani is home for the time being and has been since Aug. 13 after spending three months in at Women and Children's in Buffalo. Halani will be readmitted to Golisano Children's Hospital in Rochester on Sept. 5 to begin another round of chemo to bottom her out before transplant.

We are so blessed to have her home for her benefit, which is why we want to invite the public.

Halani has received so much support from the community and from people who have never met her. We want to give back by inviting everyone. It will be held at the VFW in Batavia near the sand wash on Sept. 2 from 1 to 6 p.m. Tickets are $20 until Sunday. They include a meal, which consists of a chicken BBQ, mac salad, and salt patatoes, also a roll and one drink. It will also include a sheet of raffle tickets. There is cash bar and Macy Paradise will be the DJ. There will also be face painting for the kids. Brian Kemp of T-shirts Etc. is designing her shirts, which will be sold for $10 each.

Truck takes down power lines on Edwards Street, Batavia

By Howard B. Owens

A truck has reportedly hit a pole, taking down power lines in the area of 25 Edwards St., Batavia. 

No injuries are reported. 

City fire responding. 

UPDATE 8:09 p.m.: National Grid being notified. 

UPDATE 8:11 p.m.: National Grid on location.

Green team wins Batavia Little League four-week season

By Howard B. Owens

The Batavia Green Team won the championship of a special four-week summer league that just completed the short season.

Jamarion Richardson, first row, Landon Santini; Preston Tobolski, Mac Wormley, Cooper Hamilton, Kyle Porter, Brady Mazur; Gavin Lawlis, Connor Scott, Alex Johnson, Alex DiFilippo; Assistant Coach Dave Scott, Head Coach Brenden von Kramer, Assistant Coach Tom Porter, Assistant Coach Chris Ball.

Not pictured, Nolan Ball and Kylan Ball.

Photo and info submitted by Tricia DiFilippo.

Law and Order: Warrant suspect allegedly carrying cocaine

By Howard B. Owens

Nicholas D. Martino, 37, of Pearl Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Martino was arrested on a warrant out of the City of Batavia and when taken into custody allegedly had a small amount of cocaine on him. He was jailed on $500 bail.

Jamie B. Wix, 41, of Rozzelles Landing Drive, Charlotte, N.C., is charged with DWI, driving with a BAC of .08 or greater and speeding. Wix was stopped at 1:29 a.m., today, on Park Road, Batavia, by Deputy Howard Wilson.

Weeklong trial in sex act case ends in guilty verdict

By Howard B. Owens

A trial that Judge Charles Zambito expected to last four days stretched into a fifth day today with two-and-a-half hours of closing arguments by the two attorneys before the jury was given a chance to deliberate.

Deliberations didn't last long and David K. Atkinson was convicted of criminal sexual act in the first degree.

Atkinson was on trial for forcing a woman he was living with into performing oral sex on him.

It was an act he recorded live and streamed for a man living in Darien whom he apparently suspected of getting involved with the woman. This was apparently supposed to show the Darien man that the woman was still with Atkinson and staying with him.

Jamie Walsh, an attorney with the Public Defender's Office, represented Atkinson and argued that the sexual act was entirely consensual and that Atkinson and the woman had been cuddling before she agreed to perform the act and that she took her shirt off.

The incident started after Atkinson found text messages on the woman's phone between the woman and the man in Darien. This act was supposedly "makeup sex."

There was disagreement between the defense and the prosecution as to how a mobile phone came to be destroyed by a clawhammer and how Atkinson's guitar came to be used as a weapon against the television set in the residence.

Assistant District Attorney Robert Zickl said there was nothing about the event that suggested it was consensual, that the woman felt threatened and forced to perform the act. He said although the video is dark, the woman clearly still had her shirt on, and the language of Atkinson hardly fits his definition of "romantic." Besides, Zickl noted, it seemed odd that a man who claimed he had just been cuddling with his woman and was now getting a consensual and romantic sexual favor, still had his boots on and his pants buckled.

Man accused of attempted murder agrees to plea deal that includes 15-year prison term

By Howard B. Owens
   Jeremy Armstrong

A man charged with attempted murder accepted a plea deal in County Court today that guarantees a 15-year prison term.

Jeremy R. "Boog" Armstrong, 27, faced a six-account indictment for the shooting of a victim on Jackson Street, Batavia, on Dec. 2. Today was his plea cut-off date and if the case had gone to trial and he was convicted, the maximum available sentence could have locked him away for 37 years.

Armstrong hesitated when first asked by Judge Charles Zambito if he was ready to agree to the terms of the plea. His attorney asked for a recess to confer with his client.

Because there was also a jury trial scheduled for the morning, the recess lasted two-and-half-hours while the attorneys in that case delivered their closing statements.

The plea deal satisfied two indictments, with the one that included the attempted murder charge being reduced to a lesser included offense under count two of attempted assault in the first degree. The second indictment included a count from a separate incident of criminal possession of a controlled substance in the third degree.

When Zambito read the supporting circumstances for attempted assault, his attorney, Mark Foti, objected to "knowingly caused serious physical injury," and with the suggestion of District Attorney Lawrence Friedman, the language was changed to "intent to cause serious physical injury."

Again, Armstrong Hesitated, but after conferring with Foti entered his guilty plea.

He didn't hesitate when pleading guilty to the drug dealing charge.

Friedman said the agreement to nine years for criminal possession and the 15 years for attempted assault were "no more and no less," meaning Armstrong agreed to exactly that time in prison. The sentences would be served concurrently. His term of parole will be decided at the time of his sentence but will be between two-and-a-half and five years.

Sentencing is scheduled for 1:30 p.m., Oct. 6.

Batavians come together to answer hate and bigotry with calls for peace and unity

By Howard B. Owens

More than 200 local residents came together Thursday night at the YWCA on North Street, Batavia, to share words of peace and unity in response to the message of hate and bigotry in Charlottesville, Va., two weeks ago.

Speakers expressed both hope that our society can learn to live in harmony, and anger at chanted slogans and actions of the white supremacists who descended on Charlottesville.

Rev. Sheila Campbell recalled the murder of Heather Heyer, a counter-protester who was killed when a car allegedly driven by a white supremacist drove into a crowd of people, whom she celebrated as a hero who confronted the reality of injustice and inhumanity.

The last social media post by Heyer, Campbell said, was, "If you're not outraged, you're not paying attention."

Heyer, she said, was paying attention.

"The call for the removal of the Confederate statue was a cry for help and she responded in love by standing on the line of justice and equality," Campbell said. "Heather chose to stand on the side of that which unites humanity, which is encased in compassion and empathy. She made the ultimate sacrifice and her name will be forever etched in the annals which recall the blood of the slaughtered voices of justice."

Diana Kastenbaum, a Batavia resident and local business owner, openly confronted her own fear and anger sparked by what she saw on TV in Charlottesville and what she judged to be an inadequate response from some elected leaders and some in the media.

"Don't kid yourself," Kastenbaum said. "This march was not about statues and permits. It was about a group of people marching for equality and another group marching for superiority. There is no moral equivalency."

There were those, she said, who were slow to denounce the bigotry and hate, and even those who did denounce racism while glossing over the overt anti-Semitism, such as the neo-Nazis marching with tiki torches chanting, "Jews will not replace us."

She recalled driving to work the Monday after the protests and seeing two different pickup trucks driving in Batavia flying the Confederate flag from poles in the beds of their trucks.

"One pickup truck was parked in the same driveway of the house where three men on a darkened porch Heil Hitlered my family and I as we left Rosh Hashanah services last year," Kastenbaum said. "From that incident, I knew they were anti-Semitic. Now I know they are also racists. I wondered how many more Confederate flags I would see that day."

Brandon Armstrong, a local business owner, said he came to say a few words about racism.

"I can live my life and not worry about someone who hates me, but I need to know if I go to apply for a job am I going to get the same treatment as everyone else?" Armstrong said. "And if I do get the job, am I going to be treated fair or am I going to get the loan from the bank? See, it's not all about hate."

He said there needs to be a better understanding, and a better response, to what it is that holds poor minorities back from greater achievement, whether it's what they can and should do for themselves, or what needs to be done to help those who can't help themselves.

Other speakers included Father Ivan Trujillo, Dr. Mohammed Rumi, Pastor Jim Renfew, Pastor Ruth Warner (who also played a rendition of "What a friend I have in Jesus" on her oboe), Stan Schumann, president of Temple Emanu-El, and Jeannie Walton, director of the YWCA.

Rev. Roula Alkhouri, of First Presbyterian Church of Batavia, one of the event's organizers, helped open and close the vigil.

She said she was stunned about the news coming out of Charlottesville two weeks ago.

"I didn't know how to respond," Alkhouri said. "I was afraid. A part of me was afraid. As a woman. As an Arab-American. I thought of the fear that people like me experienced because of the hate of others. So I didn't know what to say, what to do. How do I respond? Do I even dare speak up? But then my faith, the example of Jesus in my life led me to say you have to speak up. You have to say something, you have to stand up for what is right.

"And these words from Romans 12:21 came to me. 'Do not overcome evil by evil but with good.' And so I thought what is good in this moment? I thought of the good that comes from us coming together, our standing and say we can love across the boundaries that separate us or seem to separate us, of race, of religion, of different wants or thoughts or political persuasions. We can come and say hate has no place in our country."

Rev. Sheila Campbell

 Rev. Roula Alkhouri

Pastor Ruth Warner

Father Ivan Trujillo

Brandon Armstrong

Stan Schumann

Tow-truck driver drives off road after suffering medical issue

By Howard B. Owens

A tow-truck driver suffered a minor medical issue while driving on Clinton Street Road near Grand View Cemetary when he lost control of his vehicle while trying to pull over, and the truck continued to travel off the roadway striking some signs. He was not injured in the crash. Sheriff's Office, Batavia fire, and Mercy EMS responded.

Photos submitted by Brian Odachowski.

DOT and City PD team up on random truck inspections

By Howard B. Owens

Batavia PD is randomly selecting semi-trucks traveling on Ellicott Street through the city for safety inspections. Officers pull over a truck and then instruct the driver to pull into the parking lot next to Falleti Ice Arena on Evans Street.

UPDATE 1:34 p.m.: There is another checkpoint for truck safety inspection selections set up on Ellicott Street between Liberty and Jackson streets.

Law and Order: Women accused of forging sister's name during arrest

By Howard B. Owens

Kelly Leigh Stanton, 23, Sparksboro Drive, Camillus, is charged with forgery, 2nd. Stanton allegedly claimed to be her sister during an arrest at 12:18 a.m. on Aug. 5. She is accused of signing her sister's name on a fingerprint card. She was jailed on $15,000 cash bail or $25,000 bond.

Joelle Marie Devincetis, 34, of Weston Road, Rochester, is charged with aggravated unlicensed operation, 3rd, and inadequate plate lamp. Devincetis was arrested on a warrant out of Town of Stafford Court and jailed on $200 cash bail or $2,500 bond.

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