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Attica and Byron-Bergen advance to finals in mock trial competition

By Howard B. Owens

Attica and Byron-Bergen won semifinal rounds of the mock trial competition held in Wyoming County Court, in Warsaw, on Monday night.

All four teams were 1-1.  Here's the point totals:

Attica - 120 points
Byron-Bergen – 119 points
Batavia – 113 points
Pembroke - 112 points

The finals are tomorrow, 5 p.m., in the Genesee County Courthouse.

To purchase prints, click here.

Le Roy fire puts new Rescue 66 into service

By Howard B. Owens

The Le Roy Volunteer Fire Department dedicated a new truck Monday night and officially put it in service.

The truck is a 45-foot-long heavy rescue, Rescue 66, that replaces a Peterbuilt that was put into service in 1994.

A rescue carries no water. Rather it is filled with tools that can be used on every type of call a fire department might handle, from structure fires and accidents to water rescues.

In fact, the new truck contains a compartment just for an inflatable boat.

"We used to mount a steel boat on top of one of the pumpers and tie it down and drive down the road with a boat on top of a pumper," Chief Tom Wood said. "Now we have an inflatable boat in a compartment on a truck where it's always ready to go at a moments notice."

The cost of the truck was $690,000 and paid for by fire district taxes.

Among the trucks tools are cutting and spreading tools for vehicle extrication, various axes and saws and picks, a couple of extra hoses, brooms for brush fires and a cascade air tank system.

"It's basically a rolling tool box," Wood said.

The air tank system will give Le Roy the ability to refill air packs for City of Batavia fire as well as other departments in the county. Typically, Darien fire has responded to fires in the city to provide support on air pack supply, but the new truck will provide another option for City fire.

At 45-feet-long, Rescue 66 is among the biggest rescue trucks in the county.

It can carry six firefighters.

"It rolls on every call for us, whether it's a brush fire, because it's got rehab on it for heat, structure fire air, or just for manpower," Wood said. "If another department in the county calls for manpower, this is the truck that's going to go."

Deacon Dave Ehrhart performed the blessing for the truck and the department members who attended the ceremony.

To find out more about becoming a volunteer firefighter, visit ReadyGenesee.com.

Chief Tom Wood shows off some of the tool storage on Rescue 66.

Compartment with inflatable boat, engine and water rescue gear.

Casino developer threatens Western OTB with suit for filing request for investigation

By Howard B. Owens

Via WBTA:

Tensions are rising over a proposed Seneca Casino in Henrietta.

The law firm for Rochester developer David Flaum -- who’s working with the Senecas to explore a Las Vegas-style casino in Henrietta -- has written a letter to Western Regional Off-Track Betting threatening legal action.

It’s over the complaint filed by WROTB to the state ethics board over alleged illegal lobbying activities. The complaint seeks exploration of potential violations of the state’s lobbying law between the Seneca Gaming Corporation/Seneca Nation and Flaum. Batavia Downs CEO Michael Nolan told WBTA at the time of the filing that “evidence exists to support the conclusion that Mr. Flaum and Flaum Rochester have been acting as unregistered lobbyists and have accepted a contingent-based employment from the Nation.

Also some evidence exists to support that the Nation and the Seneca Gaming Corporation are considered lobbying clients of Mr. Flaum and Flaum Rochester and have failed to submit required semiannual reports.”

The developer’s attorney called the complaint “fabricated” and that if it wasn’t dropped, they would sue OTB.

OTB officials say it’s well within their right to seek an opinion from the ethics panel.

“We just submitted the complaint to JCOPE, which is a state commission that’s tasked with interpreting if a contract of this type falls within the ethics law,” OTB President and CEO Michael Kane said. “That’s all we’ve done.”

Multiple municipalities and politicians have voiced their opposition to the casino, saying it would have negative effects on Batavia Downs and the area.

The Senecas purchased 32 acres of land in the Town of Henrietta earlier this month.

'Baseball Furies' win LCCP dodgeball tournament

By Howard B. Owens

Press release:

The Le Roy Christian Community Project hosted its 2nd annual tournament this past Saturday, March 22. Ten teams, consisting of 6-10 players competed in the all day tournament. The teams were: Gone Postal, Don’t Hassle the Hoff, The Rotarians, The Dodgefathers, Baseball Furies, Squad Grey, One Dodge Wonders, Perpetual Hedonism, Dirty Dodgers, and Boom Goes the Dynamite.

The teams and spectators came out to Our Lady of Mercy Parish Center in Le Roy to raise funds for the organization and enjoy a fun-filled day of competition.

The tournament ended with a match between Baseball Furies and Don’t Hassle the Hoff. Don’t Hassle the Hoff came from the losers bracket and took set 1 with a game count of 3-2, forcing a second and final set. It looked like team Don’t Hassle the Hoff was going to take the gold, leaping to a 2-0 start the second set, but Baseball Furies answered back with three straight wins to close out the tournament. Medals from Joe's Awards and Trophies of Batavia were awarded to each member of the team.

Overall Results:
1st Place - Baseball Furies
2nd Place - Don't Hassle the Hoff
3rd Place - Perpetual Hedonism
4th Place - Gone Postal
5th Place - One Dodge Wonders & Squad Grey
7th Place - Dirty Dodgers & Boom Goes the Dynamite
9th Place - The Dodgefathers & The Rotarians

Pictured are the tournament champions, the Team Baseball Furries: Jarrod Miner, Thomas Sigler, Brandon Dries, Tyler Streeter, Brad Streeter, Joe Chimino, Jamie Chimino, Joe Chimino, Sr. Jordan Charcola and Tim Ruffin.

Photos: City firefighters practice rescue skills in icy water at Dewitt

By Howard B. Owens

City firefighters were at Dewitt Recreation Area today for a round of ice and cold water rescue training.

Lt. Bob Fix, a certified ice and cold water rescue instructor, conducted the class.

The purpose of the course is to provide fire personnel with the skills and knowledge required to safely and effectively respond to incidents on our through ice.

There are 325 acres of open water within city limits. The Tonawanda Creek runs for 2.79 miles through the city.

Upon completion of the training, participants will be certified in ice rescue awareness, operations and technician levels for three years.

A seagull was more interested in the open water as a possible fishing hole than rescue training.

Law and Order: Man accused of stealing more than $3K from grandmother

By Howard B. Owens

Bruce Jeramie Brade, 33, of Galloway Road, Batavia, is charged with grand larceny, 3rd, and seven counts of forgery, 2nd. Brade allegedly stole checks from his grandmother over the course of several months in 2013 while he was living with her. The value of the checks allegedly totaled $3,680. Brade was jailed on $15,000 bail.

Landon Wayne Carroll, 32, of Buell Street, Akron, is charged with felony DWI, felony driving with a BAC of .08 or greater, speeding and aggravated unlicensed operation, 2nd. Carroll was stopped at 12:32 a.m. Saturday on Oak Street, Batavia, by Officer Chad Richards.

Samantha L .Tennity, 19, of Hall Street, Batavia, was arrested on a City Court Warrant. No further details released. Tennity was reported by the Sheriff's Office, also, as being arrested on a bench warrant from Town of Batavia Court. She was jailed on $1,000 bail or $2,000 bond.

Tiffany M. Neal, 22, of 115 State St., upper, Batavia, is charged with endangering the welfare of a child. Police responded to a call for assistance at Neal's residence and allegedly found Neal and her 1-year-old child living in "deplorable conditions." Neal was issued an appearance ticket. DSS assisted in the investigation.

Joshua L. Baltz, 37, of Old Meadow Lane, Batavia, is charged with petit larceny. Baltz is accused of shoplifting from Kwik Fill.

Lauralee Pacer, 28, of Jackson Street, Batavia, is charged with aggravated harassment. Pacer allegedly sent a man she knew 75 "unwanted and annoying text messages that served no legitimate purpose."

Samantha A. Bowles, 24, of East Main Street, Le Roy, was arrested on a bench warrant for alleged failure to pay a fine from a previous conviction on disorderly conduct. Bowles was jailed on $200 bail.

Joey Aaron Evans, 23, of State Street, Batavia, was arrested on a bench warrant for alleged failure to comply with drug court. Evans was jailed on $100,000 bail.

Chiyannon J. Bundy, 26, of Main Street, Le Roy, was arrested on a bench warrant for alleged failure to appear. Bundy was jailed on $200 bail.

Kyle Robert Washington, 24, of South Lake Road, Pavilion, is charged with unlawful possession of marijuana, public appearance under the influence of a narcotic or drug, and drinking alcohol in a motor vehicle on a public highway. Washington was arrested at 11:59 p.m. Saturday at 572 E. Main St., Batavia, by Deputy Joseph Corona.

Tracy Lee Moore, 47, of Asbury Road, Le Roy, is charged with DWI, driving with a BAC of .08 or greater, refusal to take breath test and failure to keep right. Moore was stopped 2:08 a.m. Sunday on Oak Orchard Road, Batavia, by Deputy Joseph Corona.

Dalton Allan Long, 19, of West Main Street, Caledonia, is charged with criminal possession of stolen property, 5th. Long is accused of possessing property that was reported stolen in Oakfield in September 2013.

Jeffrey L. Smith, 44, of Vinton Road, Irondequoit, is charged with petit larceny and criminal possession of stolen property, 5th. Smith is accused of stealing merchandise from Walmart. Smith reportedly left in a vehicle and was located later, allegedly in possession of stolen property.

Michael Francis Hurley, 42, of Marine Drive, Buffalo, is charged with DWI, driving with a BAC of .08 or greater and insufficient headlamps. Hurley was stopped at 1:22 a.m. Tuesday on West Main Street, Batavia, by Deputy James Diehl.

Local agriculture celebrated during annual dinner in Alexander

By Howard B. Owens

Baskin Livestock was honored Saturday night at the 2013 Conservation Farm of the Year at the Celebrate Agriculture Dinner, held at the Alexander Fireman's Hall.

Owners Susan Blackburn and Bill Baskin are holding the sign. With them are members of their staff (and in some cases, spouses), Tom and Diane Stroud, Steve and Debbie Greene, Jason and Jessica Skinner, Doug Mess, David Gilhooly.

Christine Bow, left, was honored as the 2014 NY Agriculture in the Classroom Teacher of the Year. Bow is a first-grade teacher at Jackson School. Barb Sturm, of Cornell Cooperative Extension of Genesee County, presented the award.

Muckdogs fans warm up to new season with annual Hot Stove Dinner

By Howard B. Owens

The Genesee County Baseball Club hosted its annual Hot Stove Dinner last night at the Clarion Hotel. The event featured a silent auction and a live auction. K-9 Destro with Deputy Chis Erion also made a guest appearance.

The Batavia Muckdogs first home game is at 7 p.m., June 14.

Spencer Hubbard wins Mr. Batavia competition at BHS

By Howard B. Owens

In middle school, Spencer Hubbard was bullied. Today, you can call him Mr. Batavia.

The Batavia High School senior won the title Friday night during its second annual Mr. Batavia competition.

When Hubbard's name was announced as the winner, a packed auditorium of high school students, parents and faculty let out a robust cheer and round of applause.

"It shows how far we've come as people that a gay student can become Mr. Batavia," Hubbard said during his acceptance speech.

Hubbard was tops in a field of 10 in a competition that included lip syncing, a talent contest, a Q&A and a tuxedo walk. Five judges from the community awarded points to the contestants and a committee tallied up the points to pick the winner.

More than $2,200 was raised for the winner's charity. In this case, Hubbard picked Habitat for Humanity.

"I feel like it's a basic need, that people need homes," Hubbard said. "A lot of people are homeless who don't deserve to be. They really need that help."

Hubbard is planning to attend the University of Tampa on a $25,000 scholarship. He will major in journalism.

BHS Principle Scott Williams praised Hubbard as a bright student and talented actor.
As part of the competition, Hubbard performed a self-written satire of a Target clerk that had more funny lines than a Saturday Night Live skit. 

Hubbard said he thinks his acting talent and his self confidence, especially during the swimsuit competition and lip syncing, is what helped sway the judges in his favor.

Last year, Lee Johnson won the contest, in its first year, and Johnson returned Friday night to entertain the crowd while the judges' ballots were tallied. It was a regular stand-up routine, but as he began to run out of material, Williams stepped in to help entertain the crown, including setting up an Ellen-like, Academy Awards selfie.

Competing this year were Adam Weaver, Charlie Williams, Blake Carter, Jake Paine, Tim Martin, Mathew Gabriele, Kenny McMaster, Casey Grice and Michael DiBaccco.

During his acceptance speech, Hubbard praised his fellow competitors and thanked them for being so supportive of each other throughout preparations for the show.

The fact that Johnson is so different from Hubbard, Hubbard said, shows the competition is valuable to the community.

"It shows different people can win," Hubbard said. "Last year Lee won, and he's really different from me. He runs in a different crowd. He was straight and I'm gay, and that was probably a really big thing, too. I said that in my speech as well. It shows how far we've come as people."

A lot has changed for Hubbard, he said, from middle school to his senior year.

"The award means a lot because in middle school I was bullied and now, look how far I can come," Hubbard said. "I think the big thing was I was just myself when I got to high school. I didn't really care what people thought. I didn't try hard to impress people."

Hubbard being congradulated by his fellow contestants.

Mike DiBacco sings Frank Sinatra's, "I've Got the World on a String."

Hubbard performing his sketch, a satire of a clerk from Target.

Sydney Loria, Ashlee Yasses and Haley Case were hostesses for the competition.

Matt Gabriele at the front of the stage during the tux walk.

Lee Johnson, last year's winner.

Principal Scott Williams during an Ellen/Oscar-inspired selfie with the cast and crew of the Mr. Batavia competition.

To purchase prints of these photos and the photos in the slide show, click here.

Photos: Oakfield-Alabama winter carnival

By Howard B. Owens

Four-year-old Ethan Pritchett watches a marble roll through a track as part of a game at Oakfield-Alabama's annual winter carnival.

More than 1,500 people who attended the event were able to enjoy more than 40 carnival games, music, food and entertainment during the carnival Friday evening.

The carnival is hosted by Oakfield-Alabama Elementary Community School Organization and is a major fundraiser for the group.

David Schichler, 5.

Kadeen Cusmano, 10.

Ashley Ostrander, 8.

Amora Mabon, 5, watches as Deputy Snyder and Deputy McCarthy create a child identification card for her little brother.

Batavia PD announces three new police officers

By Howard B. Owens

Press release:

The Batavia Police Department is proud to announce the addition of the following officers: Officer Peter Flanagan, Officer Eric Foels, Officer Stephen Cronmiller.

Officers Flanagan, Foels and Cronmiller graduated from the Niagara County Law Enforcement Academy on December 20, 2013. All three have just recently completed the intense Field Training Program at BPD.

Officer Flanagan is a United States Marine Corps veteran having served his country in Afghanistan, achieving the rank of Sergeant. Officer Flanagan is married with two children.

Officer Foels will be carrying on the family tradition as his family has been in law enforcement for the past 50 years. Officer Foels’ family members are current and retired members of the City of Tonawanda Police Department.

Officer Cronmiller is no stranger to law enforcement either, two of his 10 siblings serve in law enforcement, one as a U.S. Customs and Border Protection Agent and the other a police officer with the Town of Hamburg Police Department.

Officers Flanagan, Foels and Cronmiller are dedicated to making the City of Batavia a safer and more enjoyable place to live and work.

Photo (submitted): From left, Officer Stephen Cronmiller, Chief Shawn Heubusch, Officer Peter Flanagan, Officer Eric Foels.

Police looking for hit-and-run driver after car hits house on Liberty Street

By Howard B. Owens

Batavia PD is looking for the public's assistance in identifying the driver of a hit-and-run vehicle that struck a residence at 219 Liberty St., Batavia, at 9:11 p.m. Thursday.

The car is described as a silver or light blue front- four-door sedan. It will likely have heavy front-end damage, especially on the driver's side front.

It was last seen heading southbound on Liberty Street.

Anyone with information is asked to call Batavia PD at (585) 345-6350.

Driver involved in November collision that injured six accused of being on drugs at time of crash

By Howard B. Owens

Batavia PD has completed its investigation into a Nov. 29 accident at Oak and Richmond that injured six people and have charged one of the drivers with felony driving while under the influence of drugs.

Michael I. Sanders, 46, of 22 Columbia Ave., Batavia, is charged with DWAI Drugs, with a prior conviction within 10 years, vehicle assault, 1st, and vehicle assault causing serious physical injury.

He was arraigned on the charges and jailed without bail.

Investigators filed the charges against Sanders after receiving the results of toxicology tests, which allegedly indicated Sanders was under the influence of drugs at the time of the collision.

Two vehicles and two pedestrians were involved in the accident, with six people being transported to area hospitals with non-life-threatening injuries.

Investigator seeks public's help in IDing witnesses in possible Bed, Bath & Beyond arson

By Howard B. Owens

It appears -- though not certain at this stage of the ongoing investigation -- that the fire that heavily damaged Bed, Bath & Beyond's store in Batavia in January was deliberately set, according to Investigator Kris Kautz, of the Sheriff's Office.

Kautz is requesting the public's help in identifying people who were in the store that day so they can be interviewed. He's looking to identify the four people in these photos because he would like to talk with them.

None of the four are considered suspects.

In fact, the Sheriff's Office has a person of interest in the case, but still needs to gather more evidence.

"We have no proof of his actions, if in fact he's involved at all," Kautz said, "but there is an individual in video footage who appears consistent with a known individual we are looking at."

Kautz acknowledges these four pictures are low quality, but it's all he has to work with. They are still photos shot of a video monitor screen.

Sometimes people can recall things that seem unimportant to them, but would be important to the case.

"Any of these people might remember this or that or they can say 'I saw a guy,' " Kautz said. "You never know. This is a fishing trip as we call it in the business. Sometimes people know stuff they don't know is important. Sometimes all they need is a little prodding to know what they know."

The retail store in Batavia Towne Center has been closed for months and officials say it will be a long time yet before it reopens.

Investigator Kautz can be reached by calling the Sheriff's Office at (585) 343-5000. He's hoping people who recognize themselves will call him, or perhaps a friend, neighbor or relative might recognize somebody and provide Kautz with the identity.

Public Defender Gary Horton retires from county, taking new position helping veterans

By Howard B. Owens

After a 30-year career representing people in Genesee County who don't have the ability to provide their own legal defense, Gary Horton is changing jobs.

He's leaving the Public Defender's Office and taking a position that will help public defenders provide better representation to veterans.

Though not a veteran himself, he's long been involved in the local veterans community, so it's no surprise Horton will work for the New York State Defenders Association, a private, nonprofit group. He will be developing and directing a program that will provide training and best practices for the defense of veterans who have been arrested.

Last night, friends and colleagues gathered at Center Street for a retirement party for Horton.

In 30 years with the office, he was the public defender for the past 20.

"I was very lucky that not only did I have a job I enjoyed and was challenging, I truly believe I had a career doing what I was meant to do," Horton said. "I was meant to be a public defender. I've always enjoyed it. I've always enjoyed working with clients. I've had terrific attorneys work with me. It was a pleasure."

The Batavia native will be able to stay in his hometown in his new job.

Asked why the public defender's job is an important one, Horton said, "often times our clients are poor. They don't have the resources or wherewithal to present themselves well. They come to us with other problems than their criminal case or family court case that they have to deal with. Often times they stand in the courtroom alone. There's no family there. There's nobody to support them. At the end of the day, win or lose, we're the only ones standing there with them."

Health Department: 15 of 31 wells tested positive for bacteria and E. coli

By Howard B. Owens

Press release:

Since the initiation of the Boil Water Advisory (BWA) one week ago 31 private drinking water wells have been tested, with 15 confirmed to have bacteriological contamination of coliform bacteria and E. coli. Residents who have had their water tested and confirmed positive have been notified at this time.

These organisms can cause diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a special health risk for infants and people with compromised immune systems. Residents in this area who are experiencing these symptoms should contact their medical provider.

The Genesee County Health Department continues to assist the Department of Environmental Conservation (DEC) with their investigation to determine the exact origin and extent of the contamination.

Residents near Batavia-Oakfield Townline Road east of Rt 63 and Lewiston Road south of Batavia-Oakfield Townline Road are urged to continue following the instructions below until their water can be confirmed safe to drink.

Instructions: Boil (rolling boil for one minute) tap water or use bottled water for drinking and cooking. If well water quality changes as noticed by color and/or smell, immediately stop using it for all household uses other than flushing toilets.

For additional information about a Boil Water Advisory (BWA) and how to stay safe during one, visit: http://www.readygenesee.com/BoilWaterAdvisory.pdf.

For additional information on coliform bacteria please visit:

http://www.health.ny.gov/environmental/water/drinking/docs/coliform_bacteria.pdf

Fire heavily damages barn on Brown Road, Corfu

By Howard B. Owens

The initial call came in as a chimney fire, but when East Pembroke Fire Chief Don Newton first got on scene he could see it was more than just the chimney on fire. Nearly the entire back wall of the barn at 2689 Brown Road, Corfu, was on fire.

He immediately called for a second alarm.

Firefighters were initially hampered by a lack of water, so Newton called on more tankers from neighboring departments.

But even facing these difficulties, the volunteer firefighters were able to save much of the structure and most of the contents, including a 40-foot yacht.

Besides East Pembroke, the departments responding were Corfu, Pembroke, Indian Falls, Town of Batavia, Alexander and Darien.

Mercy EMS also responded.

There were no injuries reported as a result of the fire.

(Initial Report)

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