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A Mercy Flight landing zone is being set up following the report of a motorcycle and deer collision in the area of 123 Transit Road, Pavilion.

Pavilion fire and Mercy EMS have responded.

A 20-year-old Batavia resident will get a second chance as the result of a plea deal stemming for a pair of alleged burglaries of a family member's home if he can successfully complete substance abuse treatment.

Kyle Robert Ratulowski entered guilty pleas today to burglary, 2nd, and grand larceny, 4th, with the understanding that if he successfully completes the program, he will be given a chance to withdraw his guilty plea on the burglary charge and receive a probationary sentence on the grand larceny charge.

Ratulowski is currently in county custody, held without bail, while awaiting a "bed-to-bed" transfer to a drug treatment facility.

A bed at the facility should open within a week.

Interim Judge Michael Pietruszka told Ratulowski that if he washed out of the program, he would be looking of a possible maximum prison sentence of 15 years.

Ratulowski was arrested in April and accused of breaking into a home on Clinton Street, Batavia. He allegedly took a wallet containing a debit card. He told the court that he did not use the debit card. If there is a claim for restitution, Ratulowski will be required to pay it.

Sentencing is set for 1:30 p.m. on Aug. 16.

Press release:

New York Farm Bureau seeks to intervene in the farm labor lawsuit filed against the State of New York and Governor Cuomo. The grassroots farm organization will file a motion today in State Supreme Court of Albany County to gain intervenor status in a lawsuit filed by the New York Civil Liberties Union Foundation. The NYCLUF seeks to create a constitutional right for farmworkers to collectively bargain. The ultimate goal of NYFB with today’s motion is for the court to dismiss the lawsuit.

NYFB is taking this major step to defend farmers, who feel they have been abandoned by the Governor and the New York Attorney General. Both leaders have made public statements supporting the lawsuit and refusing to defend state law, despite its importance to agriculture in New York State.

NYFB believes it has the right to intervene because the interest of its members will not be represented by the defendants – the Governor and Attorney General - and the ability of the organization’s members to continue to produce food for New York residents would be harmed in the event the plaintiffs prevail in this action.

The motion reads, “Farm Bureau is uniquely situated to represent the varied perspectives of its member farms and to zealously defend the constitutionality of the challenged farm labor exemption.”

Farm Bureau believes that the exemption of farmworkers from collective bargaining rights is constitutional, and that the exclusion of farmworkers from the State Labor Relations Act law is based on decades of rational public policy and legal precedent that will be outlined in NYFB’s motions to intervene and to dismiss.

New York Farm Bureau believes that the legal precedent is clear. This is not a question for the courts, and the NYCLUF is attempting to make an end-run around the legislature, which has not approved collective bargaining for farmworkers despite numerous opportunities.

“New York Farm Bureau has a century-long record of defending the state’s family farms, and today’s action is one of the most important in our long history. If we can’t count on our state leaders to do the right thing in this case, we are prepared to stand up for our members in court to protect their rights,” said Dean Norton, New York Farm Bureau president.

A young man already serving a three-year prison sentence on a gang assault conviction admitted in Genesee County Court this morning that he attempted to sell cocaine to an undercover agent Oct. 14 in the Town of Batavia.

Leonard A. Johnson III was dressed in a green prison jumpsuit and accompanied by two state corrections officers and had family members in the courtroom as he appeared before Interim Judge MIchael Pietruszka to plead guilty to the Class C felony of attempted criminal possession of a controlled substance, 3rd.

The plea satisfies five pending charges, none of which had yet been referred to the grand jury, stemming from an investigation by the Local Drug Task Force into the sale of narcotics in the city and Town of Batavia.

The plea deal includes the stipulation that any sentence imposed by the County Court in September be served concurrently with Johnson's current prison term. The conviction carries a maximum possible sentence of five years.

Johnson entered the guilty plea to the gang assault charge, along with two accomplices, in January. The three young men were accused of beating and kicking a victim on Holland Avenue.

Because of the timing of that conviction and these additional charges, this new conviction will not count on Johnson's record as a second felony offense, which is an issue only if Johnson is ever charged with another felony. (Two prior felony convictions for sentencing purposes could lead to a longer prison term.)

Under questioning from Pietruszka, Johnson said he is currently undergoing substance use counseling while incarcerated.

Beer, sun and fun at Beertavia today.

A car has driven into the building at Burger King on East Main Street, Le Roy.

No injuries reported.

Le Roy fire responding.

UPDATE 9:30 a.m.: The vehicle has been removed. The fire department will attempt to get the doors reopened.

There are power lines down in the area of Summit Street and Wolcott Street, Le Roy.

Le Roy fire is on scene. Fire police were dispatched. Mutual aid requested non-emergency from Stafford.

UPDATE: 9:26 a.m.: Road is back open.

Many readers probably remember that about three months ago I had surgery for a detached retina. I was unable to work for three weeks.

That surgery went well and I seem to have healed fine. Now it's time to have the silicon oil put in my eye to hold the retina in place while it healed removed. That surgery is this morning.

This time, the doctor says I can't work for a week.

At least, if all goes well, when it's over, my vision should be back to where it was.

We have our great freelancers to help with coverage, and Billie, of course, and our news partnerships with WBTA and 13WHAM to help out, so we should be fine, but that's why I won't be doing much over the next week.

Michael Mazutta, an Afghanistan and Iraq war veteran, was the keynote speaker at a Flag Day ceremony this afternoon at the VA hospital in Batavia.

Included in the ceremony were certificates of appreciation to Vernon Rowe and Joe Gerace. After Rowe received his certificate from Mazutta, he volunteered to present Gerace with his certificate.

Students from Batavia Middle School presented handmade gifts to the veterans who are residents at the hospital.

The St. Joe's band performed after the ceremony.

Prior to his invocation, Chaplain Robert Chambers called for a moment of silence to honor the victims of the mass shooting in Orlando and then prayed for them and their grieving families.

Three guys in Oakfield think they've hit the nail on the head when it comes to their new business.

They've put a new twist on an old German game. They introduced the concept at a tournament yesterday held at the Caryville Inn.

The game is MöbileSchlägen, a portable version of hammerschlägen.

In schlägen, you get a cross-peen hammer and a nail and you get one whack at the nail per turn, hitting it with the wedge (or peen) end. The starting position is with the hammer on the table outside the wood block, making it harder to aim. The nail is tapped in to a depth equal to a line on the hammer, so everybody starts at an equal distance.

The first person with the head of the nail flush with the wood wins.

"Being first is pretty cool, but the last thing you want to do is be last," said Marc Johnson, one of the co-inventors of the mobile version of the game.

Last means ridicule from your buddies, at the least, and if alcohol is involved, it might mean buying a round of drinks.

Teasing and harassing is part of the fun of the game, because if you can goad a competitor into talking while he or she holds the hammer, (the rule is, "no hammer talk") that person loses a turn.

Johnson said for years, every time he hosts a party at his house, he and the guests play hammerschlägen, but hauling around the giant tree stumps needed for the game made it impractical for tailgate parties or picnics.

A few years ago, he brought two logs to a family gathering in Vermont and that's when he started to think there had to be a better way.

"Everybody loved it, but it killed my back," Johnson said. "It was a bad idea. You’re on a mountain and you’re rolling those stumps around."

When he got home, he and his friend James Betters started imagining a mobile version of the game, but lacked the engineering background to make it a reality, so Dan Mangus joined the team.

They formed a company, drew up their plans and filed for a patent, which was issued in March.

The end-grain wood plate, which can be laser etched with any possible logo, fits snuggly in a hard plastic base, which rests on sturdy, but foldable, legs.

"Basically, it fits in a bag that looks like a big banjo and you can throw it over your shoulder and carry it a lot easier than a 300-pound stump," Mangus said.

It took a few prototypes to get the right design and then a long search to find the right end-grain wood with the right density to take in a pounded nail easily, but not too easily. 

And lest would-be competitors might think they can make their own log inserts (the inserts need to be replaced after they fill up with nails), the design requires a properly cut and fitted log into the reverse-cupped holder. This design not only improves safety and durability, but with the patent, it also prevents copycat manufacturers from making replacement parts.

Some 40 or 50 people showed up for the game's public debut at the Caryville Inn yesterday to compete in the first official MöbileSchlägen tournament.  

There seemed to be no shortage of fun nor frustration during the tournament.

The next big step for the entrepreneurs is a Kickstarter campaign to fund the manufacturing of games for consumers. If that does well, they hope to ship the first games to customers by Spring.

Returning from Le Roy last night, I stopped for a few scenic shots.

Above, a tractor in a field off Randall Road, Stafford.

A barn off Randall Road.

One of my favorite trees (we had a picture just last week) off Route 33 in Stafford.

Collin Raye, who is celebrating 25 years as a recording artist this year, opened the 2016 concert season at Frostridge last night with a set that highlighted his #1 hits and other fan favorites.

Before the show, he met with fans who had purchased VIP passes, including one who presented him with a handmade guitar strap. He also posed for a picture with Frostridge owners David and Greg Luetticke-Archbell.

Among the opening acts were the Morgan Twins.

City fire is dispatched to Maple Street near Thorpe for a tree stump on fire in a yard.

If you visited Valle Jewelers today, you probably met Megan Williams, mother of Brady, 9, who was diagnosed with neuroblastoma at 20 months.

The Williams family of Oakfield is one of the Alex's Lemonade Stand Foundation families around the nation that raises money to help fight pediatric cancer. The family has raised more than $30,000 for the foundation, mostly through the lemonade stand they set up every year at Oakfield's Labor Days festival.

Today, as they did last year, Valle's donated 10 percent of all sales to the foundation. 

Plus you got a free cup of lemonade from Megan.

The foundation today had a goal of raising $1 million nationally, through the participation of 36 families, representing the 36 children diagnosed every day with cancer.

The new public market -- a merger of the Business Improvement District's public market and the Genesee County Farmers' Market -- opened at Bank Street and Alva Place today.

A new vendor this year is Big Bossman's BBQ, run by Anthony Person, of Lockport.

Person said his family has a long tradition in the food business, and after his mother died recently, he wanted to keep the tradition going.

Fighting back tears, Pearson told WBTA's Alex Feig that he was president of his mother's company, Mrs. Ribs, but after she died, he didn't want to trade on her name, so he bought his own truck and called it Big Bossman's, a name his parents used for their first restaurant, which they ran out of their home.

The recipes have been handed down generation after generation in his family, from mother to mother to mother, going back to the family's days as slaves in the South. 

He was pleased to get invited to be a vendor in Batavia, he said.

"I’m a small businessman just trying to make an honest living just like anybody else, always looking for a way to expand my market, sell my product in new areas, and Batavia, I’ve always wanted to come this way and the Farmers' Market offered me a chance to showcase my cuisine," he said.

The market will be open for business from 9 a.m. to 5 p.m., Tuesdays, Thursdays and Fridays and will run through Oct. 28, weather permitting.

It's probably never happened in Batavia HS history -- three players participating in three different sports across the course of a single school year winning Section V title patches.

This year, Andrew Mruczek, Jake Schrider and Adonis Davis did it in football, basketball and track.

At a school that won six sectional titles this year, a few of other athletes came close, but the trifecta is a singular accomplishment.

"It means a lot to us," Schrider said. "It means we worked hard."

Davis agreed.

"It means hard work paid off," Davis said. "Going to summer camps and workouts to try and reach our goal to be sectional champions. It showed more this year."

It's also an accomplishment that hasn't drawn a lot of attention at school, Davis said. Everybody knows they're champions, but the never-before trifecta hasn't sunk in with the student body.

"They know we've won," Davis said. "They're proud of us, I guess, but they probably just haven't put it all together."

Athletic Director Michael Bromley said it's a great accomplishment that is rarely achieved by athletes in the region. In boys sports this year, Andrew Mruczek, Trevor Sherwood (football and basketball) and Noah Dobbertin (football and wrestling) came the closest when the baseball team lost a title game to Aquinas 2-1, and though several girls got two titles this year, none got quite as close to a third title.

Batavia was blessed with a great group of seniors this year, Bromley said, but also, a great homegrown coaching staff that is also very focused on success and the hard work it takes to achieve it.

The senior athletes, Bromley said, really came together this year and supported each other and their teammates as they competed throughout the year. Athletes not in competition jumped the stands as part of the Blue Zoo, the school's cheering section. They also rallied the school throughout each school day.

"They’re really going to be missed around here," Bromley said. "They were good leaders. They were positive leaders. They were role models. Sometimes you get classes come through who are not those things and this class really was and the school is going to miss them."

The support of classmates and teachers was really a motivating factor all year long, Davis said. 

"Everyone tells us they will come out the games and stuff and you don’t want to disappoint when you have a bunch of teachers and a bunch of students saying they’re coming," Davis said. "That motivates us when people are watching to do it for them.”

It's especially helpful, he said, with road games against bigger Monroe County schools.

"When we travel to other places against bigger schools, our fan base goes with us, and just having people behind us to cheer us on to at the other schools, the bigger schools, it’s more fun," he said.

Brennen Briggs, football, Buddy Brasky, basketball, and Nick Burke, track, are all Batavia HS graduates and lifelong residents. Bromley thinks that further fuels their dedication to the school and the athletic program.

"The time commitment they put into ti and the love they have for Batavia High School is evident," Bromley said. "Those guys are 12-month-a-year coaches. If you go by the track, come by the football field, go by a weight room, come by a gym, one of those guys is probably doing something.

"The real special part about it," he added, "is it seems over recent years is they’ve really come together. They support each other, they share kids, so that’s why we’re seeing a lot of success."

All three share a high level of commitment to hard work and motivating their kids to work hard and stick through the tough things, but given the nature of team sports, Briggs and Brasky also model hard work by watching hours and hours of game film week after week.

"They spend days each week on just looking at film and trying to figure out what we can do to be successful," Bromley said. "The kids have bought into that. They know the coaches are going to work hard for them, so that’s why they work hard."

Asked which coach is the toughest on them, Mruczek, Schrider and Davis said Brasky is, hands down.

"He takes you to a whole new level," Mruczek said. "You've got to be tough. He drives you hard."

Schrider said there's no slacking off during a Brasky-led practice.

"You've got to give 120 percent the whole time," Schrider said.

Davis said that drive made Brasky kind of an "old-fashioned coach," but in a good way.

"When we do stuff, he wants us to be perfect and I think that’s what helps us in games," Davis said. "When we’re practicing, we're doing reps over and over and over again and then we’re more prepared than the other team."

Of the three athletes, only Mruczek has another upcoming season with Brasky, and rather than fearing the intensity, he's looking forward to it.

"It makes me want to be successful," said Mruczek, whose goal for 2016-17 is to repeat the trifecta.

The hard work, the focus on success, has helped each of the young men grow, they said, carrying over to school work and the rest of life.

"I think success on the field is helping me to be successful in school, because being on a sports team, it takes hard work and then in the classroom you’ve got to work hard there, too," Mruczek said.

Davis said he thinks he was still pretty young when he first joined the football team and got exposed to the dedication demanded by Briggs, but he learned quickly that dedication and hard work pays off and that has helped him beyond just athletics and even beyond academics.

"At first, I wasn’t really into putting into much time into sports," said Davis, who now intends to attend SUNY Brockport, compete in track and pursue a degree in athletic training. "Once I did, then everything else, plus the sports, I put more time into it, school, helping out in the community. I volunteered for a camp, a football camp for little kids and I never thought I would  do that. I just put time into stuff. It transfers over to everything else and I think it helped me."

There is a clear connection between athletic success and academic and life success, Bromley said. In athletics, you learn about the value of practice and repetition, how to deal with setbacks and how to work on a common goal with others -- all lessons that carry onto all aspects of adult life.

"Sports are life lessons," Bromley said. "That’s pretty much what it is. That’s probably the area in the academic world where you learn it the most. I would say, after school from 3 to 5, those kids are learning life lessons that they’re going to use forever. Hopefully, they leave after this year and they go on and they’re successful in college and they’re successful parents and some of them come back and coach. That would be great."

The Drama Club of Elba High School presents a performance tonight that highlights the past 10 years of musicals performed by the Club, including selections from "The King and I," "Willy Wonka and the Chocolate Factory," "Cats" and "My Fair Lady." The performances will be followed by senior awards.

The show starts at 7 p.m. in the Elba Central School theater and tickets are $3 per person.

A car has reportedly hit a tree in the area of 9294 Fargo Road.

Unknown injuries.

Stafford fire and Mercy EMS dispatched.

UPDATE 2:45 a.m.: Mercy Flight requested to the scene. Landing zone is about 20 yards south of Sweetland Road. 

UPDATE 3:20 a.m.: More manpower requested to the scene for search and rescue for a possible third victim.

UPDATE 3:59 a.m.: it's unclear if a third person was involved. The possible third person may have been the driver.  On person transported by Mercy Flight in pain but conscious  Le Roy also on scene  

UPDATE(S) (By Billie) 3:31 a.m.: A Town of Batavia engine and thermal imaging camera are requested to the scene to provide mutual aid, along with a rescue unit and thermal imaging camera from Le Roy, non-emergency mode. An emergency coordinator is also called to the scene. The location is between Sweetland and Clapsaddle roads.

UPDATE 4:39 a.m.: A male was transported via Mercy Flight to Strong Memorial Hospital. A female was taken there by ambulance. The female indicated a third person may have been in the vehicle, but rescuers searched both sides of Fargo Road and after combing the area, found no one. They are wrapping up the search and preparing to leave the scene.

UPDATE (By Howard): The female involved in the accident has admitted she was the driver and there was no third person in the vehicle, according to the Sheriff's Office. The female is identified as Nicole K. Sullivan, 30. She was transported to Strong by Mercy EMS with head and leg injuries. She reportedly told deputies at 5:45 a.m. that she was the driver, after allegedly telling them at the scene, that there was another driver, but couldn't identify him and she didn't know where he went. Additional volunteer firefighters from Stafford, Batavia and Le Roy were called to the scene for a foot search of the area, with the use of FLIR technology. The search failed to locate anybody. The passenger in the vehicle is identified as Zachery W. Schwarts, 20, who was transported to Strong by Mercy Flight #5. He was initially unresponsive when emergency personnel arrived on scene, but was conscious when he was extricated from the vehicle. The investigation is ongoing and charges are pending. The investigation is being conducted by Deputy Eric Meyer, Sgt. John Baicocco and Investigator Joseph Graff.

This is our new bumper sticker. If you would like one, they're free, but we do need a self-addressed, stamped envelope to send it to you.

Mail your envelope to The Batavian, 200 E. Main St., #5, Batavia, NY 14020.

If you are a local business owner and would like a few of these bumper stickers to hand out to your customers, e-mail howard@thebatavian.com.

City firefighters have two new buildings that they can use for training because they are scheduled to be demolished.

Today, a crew practiced a second-floor window escape. The scenario is that a fire has expanded and blocked the stairwell, so the only way out is through a window. A few years ago, the state required fire departments to acquire the necessary equipment to make such escapes possible after a tragedy in NYC where firefighters had to jump from the upper story windows of a burning building.

The new Ladder 15 was used in the training, but only as a safety backup. Typically, the urgency of the situation and the fact Ladder 15 would be tied up on other tasks at the fire scene would mean it wouldn't be available to hoist a backup rope to safety.  

In this scenario, firefighters knocked a hole in a bedroom wall to expose a beam they could use as an anchor for a rope.

The two former houses are on West Main Street, just west of Castilone Chrysler Dodge Jeep Ram. The dealership acquired the property to further expand its new car lot. Demolition is scheduled to begin June 20.

Before then, Batavia's Emergency Response Team will also use the houses for training and drills.

Castilone also just signed a contract to acquire the property at the corner of West Main and Vernon Avenue. That property was once proposed as a new location for an Arby's Restaurant, but the plan met stiff opposition from Vernon Avenue residents. Steve Castilone said he also already met with neighborhood representatives and discussed his plans with them.

"I sat down with them and I told them all, ‘whatever is going to make you people happy, I’ll do,' " he said. " 'If I do something that makes you unhappy, I’ll change it. If I put a light up and it shines in your windows, I’ll move it.’ They asked me to not put a driveway on their street and I said when I’m done I’ll close the driveway off. They were delighted. What would you rather have, a drive-thru Arby’s on the corner or stationary parked cars?”