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The Oakfield-Alabama/Elba Aggies continued their year of perfection with yet another win, this time to capture the Class D Section V title by beating Avon 26-21.

Gaige Armbrewster rushed 16 times for 166 yards and two touchdowns.  

Bodie Hyde was 4-5 passing for 68 yards and a TD.  He also rushed for 21 yards.

Noah Currier gained 120 yards on nine carries and scored a TD.  He also had a 39-yard TD reception.

On defense, Kaden Cusmano had 12 tackles, a sack and he broke up two passes.  TJ Andres had 11 tackles as did Brayden Smith.  CJ Gottler and Ethan Cramer each and nine tackles and Gottler also had a sack.  Cameron Cusmano had an interception as did Armbrewster and Currier.

"I am so incredibly happy and proud for our boys," said Head Coach Tyler Winter. "The composure they showed during moments of adversity tonight is what champions are made of.  This group made a promise to themselves after the way that last season ended. They did everything in their power to make sure they would have a shot at winning a sectional championship this fall.

"To look around and see them enjoy the fruits of their labor tonight... I couldn't be more proud.  This group has so much fun playing football together, that we are glad the show is not over yet.  Our goal as we prepare for the Far West Regionals is to keep working hard, love each other, and play football together as long as we possibly can.  HOW BOUT THEM AGGIES !?"

Photos by Kristin Smith.  For more, click here.

O-A/E's Gaige Armbrewster looks for running room.

Kameron Cusmano (5) and Noah Currier (20) converge upon Avon QB Andrew Rowland.

Armbrewster carried the day for the Aggies.

 Noah Currier breaks a tackle.

More production from Armbrewster.

A great grab for Gaige.

QB Bodie Hyde just gets the pass away.

A man and dog out for a walk on South Lake Road and Clinton Street Road were struck by a vehicle.

Minor injuries were reported.

The vehicle is still on scene.

Bergen Fire and ambulance responding.

A possible serious-injury accident was reported around 3:15 today on Starr Road and Crossman Road, in Pavilion. 

The State Police have refused to provide any information about the accident.  

It was reportedly a one-vehicle accident with a person ejected.  Mercy Flight was called but it's unknown if a person was transported.

A person reportedly fled the scene on foot and a K-9 was requested to assist in the search.  Because the State Police refuse to provide information to the public about the incident, it is unknown if the person was ever located.

A trooper who answered the phone at the Batavia Barracks this evening said,  "it's not our policy" to release information.

UPDATE 7:49 p.m.: Trooper James O'Callaghan, Troop A public information officer, said he did not yet have any information on the accident other than to confirm it is a fatal accident. 

UPDATE 8:09 p.m.: Additional information from Troop A: The vehicle was southbound on Star Road and struck a utility pole.  Another occupant of the vehicle was transported to Strong Memorial Hospital with non-life-threatening injuries.  The investigation is ongoing.

Alecia Kaus/Video News Service contributed to this story.  Photos by Alecia Kaus.

NOTE: If you're scheduled for jury duty next week, you shouldn't read this story. If you do, you will likely need to disclose that fact in court.

When Devon Wright's trial starts on Monday, in a rare two-defendant case, with Jacob J. Sponaugle also facing felony charges stemming from the same incident, his attorney wants to mount a defense that says Wright had no intention to buy a gun on July 22 when he interacted with Sponaugle and another man at the Days Inn Hotel in Batavia.

Nathan Chase indicated not only did his client not intend to buy a gun that night when Sponaugle and the other man (who was subsequently shot during the encounter) approached him, Wright flatting refused to buy the gun.

To help make that case, Chase wants to introduce into evidence a body camera recording of Wright talking with a Batavia police officer when he apparently makes a statement that substantiates his claim that he didn't intend to buy a gun.

Based on New York's rules of evidence he won't be able to use that video recording during the trial.

Wright is charged with attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

District Attorney Lawrence Friedman had previously withdrawn an exhibit a statement by Wright that incriminated Sponaugle, agreeing with Sponaugle's attorney, Joseph Lobosco, that the statement was inadmissible from a co-defendant and that it amounted to hearsay.  As a co-defendant, Wright can't offer anything he said outside of court that is potentially incriminating to Sponaugle.

If he testifies (defendants are not required to testify at their own trials), Chase can ask him about his intentions that night.

Chase pressed hard to try and get Judge Charles Zambito to allow the statement to be presented to the jury but for every statement offered by Chase, Friedman returned to the rules of evidence.

Chase's view of the case, "Two people showed up with a gun my client didn’t want and one of them got shot.  We don't know if the shooting was accidental or not but we do know how (Wright) responded at the scene."

The Days Inn incident is one of the multiple times over the past two years that Wright has come into contact with law enforcement and wound up facing felony charges.  For more on his prior arrests, click here.

Jury selection starts a 9 a.m., Monday.  Friedman says he expects the case will fill full days every day for the week. The goal is to complete the trial by the end of the day Friday but given the complexity of the case and the nature of a two-defendant case, it could stretch into the following week.

The Dream Killers are the 2021 All-Day Flag League (AFL) champions after winning the league's finals this week, beating Lil Irish on a pick-six interception to close out the game.

The top prize for the champions is $1,500.

The league hosts tournaments four times a year (winter, spring, summer, and fall) and currently has five teams (with a desire to expand).  The current teams are the Lil Irish, Ass n TDs, Playmakers, Dream Killers, and 585 Demons.

The tournaments are double elimination, followed by a playoff and then the championship game.

Key sponsors are Notre Dame High School (where the games are played), Ri-Dans Sports Bar, and Shadowbox Photography.

Jameson Arland Crocker, 34, of Godfreys Pond Road, Stafford, is charged with DWI, refusal to take a breath test, failure to keep right, driving to the left on a crest grade or curve, driving left of pavement markings.  Crocker was stopped at 3:01 a.m., Thursday, on Clinton Street Road, Bergen, by Sgt. Mathew Clor.

James Michael Fodge, Jr., 49, of North Lake Road, Bergen, is charged with DWI and driving with a BAC of .08 or greater.  Fodge was stopped at 11:34 p.m., Thursday, on Buffalo Road in Bergen by Deputy David Moore.

A vehicle has reportedly hit multiple vehicles on West Main Street Road, Batavia, in the area of McDonald's.

The driver is reportedly an elderly male.  It may be a medical issue.

Two vehicles are blocking traffic.

Town of Batavia Fire, Mercy EMS, and Le Roy Ambulance responding.

A tree is down and blocking both lanes of Traffic on Route 33 near Lovers Lane in the Town of Batavia.

A deputy on scene has requested the assistance of another patrol to help with traffic control at Lovers Lane.

DOT has been notified and is dispatching a crew.

Emily Dorianne Smith, 36, of Wilkinson Road, Batavia, is charged with criminal possession of a controlled substance 3rd, criminal sale of a controlled substance 3rd, criminal nuisance 1st, and endangering the welfare of a child. Smith was arrested by members of the Local Drug Task Force following an investigation into the transportation, sale, and possession of cocaine in and around the City of Batavia.  Smith was arraigned in City Court and released on her own recognizance.

Brian John Miller, 40, of Ellicott Street Road, Bethany, is charged with DWI, refusal to take breath test, aggravated unlicensed operation 3rd, moved from lane unsafely. Miller was arrested following a traffic accident at 6:40 p.m., Oct. 29, on Ellicott Street Road, Bethany. Miller was the sole occupant of his car, which overturned. Miller was able to extricate himself from the vehicle and was arrested at the scene by Deputy Andrew Mullen.

Tyler Lynn Vanskiver, 25, of Putnam Road, Bethany, is charged with harassment 2nd. Deputies responded to an address on Putnam Road, Bethany, at 3:53, Nov. 2, following a complaint. Following an investigation, Vanskiver was arrested by Deputy Morgan Ewert on the charge of harassment. Vanskiver is accused of striking another person. He was released on an appearance ticket.

A view of Veterans Day at the VA Hospital and the Upton Monument.

And below, a replay of our documentary on the Upton Monument.

Not even a year into a new program at Le Roy High School that is focused on student success, Jen Bertrand reported to the Board of Trustees on Tuesday night that several students are already showing great improvement both socially and academically.

Bertrand, the Grade 9-12 Intervention Specialist for the district, is working with 52 students in the Student Success Center. Six are seniors, 10 juniors, 22 sophomores, and 14 freshmen.

Successes look like this:

• A student who felt he had no friends and set a goal this year to make at least one friend.  He's joined a club on-campus of kids with a similar gaming interest and is making friends.
• There is another student who felt inhibited but has now part of a school music program.
• There is a student who is motivated to improve his grades because Bertrand arranged for him to meet a favorite rock star via Zoom if he produces a favorable report card.
• And there is the student who at the beginning of the year was too embarrassed to ask for help, too embarrassed to participate in peer tutoring.  Now he's a campus advocate for peer tutoring.

All of the students in the program deal with anxiety or depression and several have been through traumatic experiences.

Bertrand said the success center essentially provides a "life coach" to troubled students, offering support on getting assignments done, helping with developing good work habits, organization, time management, painting social and mental health, ensuring these skills are transferable to other classes and situations.

"We try to capture those magic moments really showing the students they're not alone," Bertrand said.

Bertrand shared, without revealing names, the feedback she's received from her fellow teachers for the board to read.  For example:

• "The work that Jen has been doing with our students in her program is genuinely monumental. I have seen a significant correlation between the students she is working with and an increased amount of work completion, communication, improved classroom behavior, and overall work ethic. For example, one student, in particular, has been working incredibly hard. He is focused in class, participates in discussions, and thoroughly completes his work. While he still has some off days, I am confident that the work he is doing with Jen has made a huge impact."
• “I have noticed many positive changes in the behaviors and attitudes of the students enrolled in the 9-12 Learning Center with Mrs. Bertrand. Most notably, the students interact with me more, ask questions and advocate for themselves. In general, their attitude toward school is much more positive, like they are beginning to believe in themselves. Mrs. Bertrand was made for this position and she works really hard to support our students academically, but with social-emotional health issues.”
• “As a teacher who has some repeat customers, I have seen a significant academic improvement in the students that I had last year that are now in the learning center. Not only has assignment completion improved, but the quality of work has improved as well. When a student puts on an assignment that one of the things they are grateful for is Mrs. B, you can tell they see, and are proud of, the improvement too.”

She also shared anonymous quotes from students:

Before taking on this new role at the school, Bertrand was the tech coach at the high school.  At a board meeting in June, she heard High School Principal Tim McArdle discuss his desire to create an intervention program.  The idea resonated with her.

"I thought, 'I want to do that,' she said. "There was just a light in me to do help these students."

For the fourth time since he entered a guilty plea for defrauding funeral home customers, Michael Tomaszewski today was granted a delay in his sentencing by Genesee County Court Judge Charles Zambito.

Zambito said he granted the delay reluctantly, noting that at Tomaszewski's last court appearance he told him that continuance would be the last one.

Tomaszewski fired his previous attorney, Thomas Burns, and had told the court in October that he was going to hire a specific private attorney.  He did not hire that attorney and, yesterday, Tomaszewski asked for representation by the Public Defenders Office.

First Assistant District Attorney Kevin Finnell, who is also new to the case, called Tomaszewski's failure to retain a new attorney in a timely manner a "delaying tactic."  He asked Zambito to proceed with the sentencing today.

Today, Public Defender Jerry Ader appeared with Tomaszewski and said that doesn't know enough about the case or Tomaszewski to appropriately represent him and requested Zambito give him time to review files he received on a flash drive from Burns.  He said he hadn't opened the flash drive yet and doesn't know what documents might be on it, what might be missing, nor how many documents he needs to review to prepare for sentencing.

"I don’t have an idea right now how much time I need," Ader said. "I don’t know how much information I need."

Zambito noted that Tomaszewski owes a substantial amount of restitution to his victims, holding up a binder at least three inches thick that he indicated contains restitution claims.

In the gallery, there were a couple of dozen victims who came to court expectingTomaszewski to finally be sentenced.

"There are people here who have been here repeatedly, victims who want to address the court," Zambito told Ader. "There have been victims who have passed away. I received a notice earlier this week that a victim had passed away and this matter still isn't settled."

"I don't what his release status is or bail," Ader said. "I don't know if my client has always appeared in court or what his track record is."

He said with the prospect of Tomaszewski owing victims money, locking him in jail would mean Tomaszewski, who is employed, would stop earning money that might help pay restitution.

And that is a complicating factor in preparing for sentencing, Ader said. He didn't think a two-week delay would give him enough time to prepare. 

Some of the victims in the gallery whispered to each their dissatisfaction with the delay as the hearing proceeded.  Outside court, a couple confirmed they were disappointed but also said they understand how the court system works.

"I came in, I figured the same thing would happen," said Harry Tyson. "It's just going to be dragged out. And next time we come, it'd be something different. Dragged out. I guess he's doing his job as a lawyer. But, you know, we'd like to see it ramped up and get it over with."

His wife, Kathy, said, "I heard today that he waived his right to a speedy trial for his benefit. But what about everybody that keeps coming back, coming back? Waiting for something to happen?"

Their family lost $7,000 and have little expectation of being repaid, Kathy Tyson said.

"If people cannot get paid back, then I think he needs to be in jail," she said. "I really do. He can't be out there running around and doing whatever."

Al Kurek said he considered Tomaszewski a friend and was disappointed in him.  Kurek said he lost $2,800.

"I don't know what happened," Kurek said. "He got too big, too fast? No idea why, but I don't think it was drugs. I don't know if it was gambling. Nobody knows. It's just more out of the pocket than in. What can I say?"

The former funeral director entered a guilty plea in April -- a hearing that had also been delayed a couple of times -- to counts of grand larceny, scheme to defraud, offering a false instrument for filing, and untimely burial.

The plea offer included no promise of a sentence of lesser than the statutory time in prison of two and a third to seven years and he was scheduled for sentencing yesterday.

Tomaszewski, who operated the Michael S. Tomaszewski Funeral Home and Cremation Chapel in Batavia for more than a decade, was initially arrested in July 2020.  He initially faced more than 200 charges stemming from accusations that he took money from customers who intended to prepay for funerals and, instead of depositing the money in appropriate accounts, he allegedly used the money for other purposes.

Both personally, and through his company, Acme Holdings of New York, Tomaszewski filed for bankruptcy in Federal Court on Feb. 5, 2020. Combined, Tomaszewski listed $1,094,346 in assets against $3,242,390 in liabilities. 

This morning, Zambito wondered if he should revoke Tomaszewski's bail status -- he's released on his own recognizance -- and Ader said he didn't even know enough about the case to represent Tomaszewski on that question.

Zambito said he wanted to make sure Ader had enough time to prepare, he said, because "I'm not going to grant another adjournment."

Ader said there would be "no problem getting the case resolved before the end of the year."

The new sentencing date is Dec. 7 at 10:30 a.m.

Tomaszewski has not missed a court date and when Zambito warned him that if he doesn't appear on Dec. 7, he will be sentenced in his absence. 

"I'll be here, Judge," Tomaszewski said. 

We tried the Facebook comment plug-in and while it achieved the goal of increasing the number of comments on the site, it was also riddled with spam.

So we tried Disqus and many people find it confusing and difficult to use. I had complaints about an inability to login and with my personal account (instead of the moderator's account), I couldn't log in.

So now we're going back to our old, content management system's built-in comment tool.

Doing so does bring back a feature that was popular with frequent commenters when we used it before -- the "latest comments" box on the left side of the page.  

As I said when we switched to Disqus a few weeks ago: 

The rules remain the same:

• You must post using a real name (no business names, no alias).
• No personal attacks.  No name-calling.
• No profanity.
• No comments ridiculing, mocking, or insulting other people because of who they are.
• No misinformation/false information.

We expect community conversations to be productive and respectful.  If you want to spout invective and "alternate facts," that's why Facebook exists (though we also police comments on The Batavian's Facebook page).

A motor vehicle accident with possible injuries is reported at Ellicott Street and Jackson Street, Batavia.

Fluids are leaking.

City Fire and Mercy EMS responding.

UPDATE 3:30 p.m.: No injuries or minor injuries.

Photos and story by Philip Casper.

Spike Cohen, 2020 Libertarian Vice Presidential Candidate, visited The Firing Pin in Bergen to raise money for the Erie County Libertarian Party in an event called “Shoot Guns With Bazookajew”.   Duane Whitmer, Erie County Libertarian Party Chair helped facilitate the event and while there, Spike introduced himself to everyone at the shop and listened while many voiced their concerns about the state of affairs in NY, and the United States as a whole.  Topics ranged from vaccine mandates to gun control, to widespread government overreach.

Cohen stated “We aren’t going to be able to set NY free if we continue to vote for the people that got us in this mess.  Republican, or Democrat.  There is an alternative out there, and this is it. You are the power.”  Whitmer, who recently ran for Erie County Comptroller said “Bringing a pro-second amendment candidate to one of the biggest defenders of the second amendment in the country was a wonderful experience and I’m glad to be a part of it. I’m thankful for the guys at The Firing Pin for all they do.”

Pat Kimball, owner and lead instructor of First Line Defense delivered a safety message before everyone entered the range, and gave brief one on one training sessions to promote safe, and proficient firearm handling.  The libertarian party believes that every person has a right to arm themselves in self-defense.

Pembroke and Indian Falls Fire responded to a car fire on Main Road, Pembroke, in front of Pembroke Fire Hall at 10:23 a.m.

The fire was extinguished quickly.  Corfu Fire was also dispatched and later canceled.

Photos submitted by a reader. 

Quentin Isiah Bloom, 24, of North Spruce Street, Batavia, is charged with criminal obstruction of breathing, unlawful imprisonment 2nd, and false personation. Bloom is accused of getting into an argument at 1:35 a.m., Nov. 3, at a residence on South Lake Avenue, Bergen, and of pushing a person to the ground and getting on top of the victim, which obstructed the victim's breathing.  The victim managed to break free, according to the Sheriff's Office, and Bloom pushed close the door of the apartment they were in, preventing the victim from leaving. A deputy on scene at that time managed to push the door open and separate Bloom from the victim.  Bloom allegedly provided the deputy with a fake name.  He was arraigned and ordered held in jail.

Dominque Sincer Betancourt, 19, of Lincoln Avenue, Rochester, is charged with petit larceny and criminal mischief. Deputies responded to Walmart at 3:14 p.m., Nov. 7 for a report of a larceny. Betancourt is accused of throwing merchandise outside of the store without paying for the merchandise. He was released on an appearance ticket.

Edward Joseph Allen, III, 32, of Pin Tail Crossing, Farmington, is charged with grand larceny 4th, DWI, and driving with a BAC of .08 or greater.  Allen allegedly stole a debit card from another person at 2:22 a.m., Nov. 6, at a residence on Emily Court, Bergen.  Allen is also accused of driving drunk the morning of the larceny incident. He was arrested by Deputy Kenneth Quackenbush and Sgt. Mathew Clor.

Press release from AAA: 

Today’s national average price for a gallon of gasoline is $3.42, up two cents from last week. One year ago, the price was $2.11. The New York State average is $3.56 – up one cent from last week. A year ago, the NYS average was $2.22. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia - $3.46 (no change from last week)
• Buffalo - $3.47 (no change from last week)
• Ithaca - $3.51 (no change from last week)
• Rochester - $3.52 (no change from last week)
• Rome - $3.56 (up two cents from last week)
• Syracuse - $3.50 (no change from last week)
• Watertown - $3.56 (up one cent since last week)

Local pump prices are holding steady this week. According to the latest data from the Energy Information Administration (EIA), total domestic gasoline stocks are down, and gasoline demand continues to rise, but at a slower pace than in recent weeks. Meanwhile oil prices remain over $80 per barrel though they did dip below that mark last week for the first time in a month. The EIA recently reported that total domestic crude supply increased, which has helped to prevent large increase in pump prices.

From Gas Buddy:

"Last week saw oil prices briefly fall back under $80 for the first time in weeks. While it wasn't enough to provide much relief last week, we should see small declines this week in a majority of the country, thanks to the corresponding drop in wholesale gasoline prices," said Patrick De Haan, head of petroleum analysis for GasBuddy. "At OPEC's monthly meeting last week, the cartel held firm to the small increases they agreed to in July, raising November production by 400,000 barrels per day. With President Biden still mulling over options to help push gas prices down, we could continue to see some volatility in oil prices. I don't immediately see a large decline or surge coming in the run-up to Thanksgiving, but U.S. gasoline demand does remain strong. Levels are currently rivaling September demand, so we know high prices aren't significantly curbing consumption."

The Oakfield-Alabama/Elba Aggies advanced Friday in Section V Class D semifinal competition with a resounding 54-20 win over Cal-Mum/Byron-Bergen.

Gaige Armbrewster gained 161 yards on 14 carries and scored three touchdowns. Noah Currier had four carries for 152 yards and scored twice. He also had a 63-yard interception.

QB Bodie Hyde was 2-for-5 passing for 64 yards, and he rushed for 56 yards on six carries and scored two TDs.  On defense, he had 11 tackles.

Brayden Smith had 17 tackles, CJ Gottler 12 and a fumble recovery.   Ethan Cramer and TJ Andrews had nine tackles each and Kaden Cusmano had eight.  Connor Scott came up with three tackles, an interception and a fumble recovery return for a 35-yard TD.

"It was nice to see our boys get a big win on their home field in a semifinal matchup," said Head Coach Tyler Winter.  "We did a lot of good things tonight, but also need to clean up a few things to be ready for next week.

"We're excited about the win, but we are already thinking about the next game.  Our group is focused and ready for the challenge that next week is going to present."

Photos by Kristin Smith. For more, click here.

Mitch Gonyea wanted to take his mother Sonja to Chipotle Mexican Grill yesterday on its first day of business in Genesee County for her birthday.  Sonja's husband, who provided the photo (taken by the Chipotle manager) and information, said they were super excited about the opening and got there early -- 10 a.m. for a 10:45 a.m. opening.  The manager noticed them outside and figured they were cold so he let them wait inside the restaurant until the official opening, making them the first customers of the new location on Veterans Memorial Drive.  As the first customers, the manager gave them each a T-shirt.