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Shallow takes second straight Batavia distaff Open

By Howard B. Owens

Since shipping in from Saratoga Raceway, Shallow has taken her spot at the top of mare's colony at Batavia Downs after winning her second consecutive $15,000 Open I Handicap on Wednesday evening (Aug. 24). 

Dashintothebeach N (Luke Hanners) took an early lead heading to the quarter but Ray Fisher Jr. sent Shallow out early from third to grab the front at that station in :27.3. After crossing over she then slowed the pace to a tepid :30 second quarter before Tuapeka Jessie N (Jim Morrill Jr.) came first up in the breeze. 

Heading up the backside, Shallow maintained an easy lead with Dashintothebeach N in the pocket, and Tuapeka Jessie N and Shadow One (Kevin Cummings) on the outside chasing. Heading into the last turn, those challenges fell short as Shallow extended her lead to two lengths around the bend. When she turned for home, Shallow paced away from the field on her own volition to win by 1-3/4 lengths in 1:55. 

It was a career-best ninth win of the year for Shallow ($5.30) who now has $73,916 earned for owner Room4040 Stables. Andy Gardner trains the winner. 

Then in the $14,000 fillies and mares Open II Handicap, Canadian invader Saulsbrook Olympia (Dave McNieght III) grabbed the front and put on quite a show. With How About Murph (Kyle Cummings) and Sapphire Love Chip (Kevin Cummings) right behind trying to keep pace, Saulsbrook Olympia got to the half in :58.1 and then turned on the jets. She paced back-to-back quarters of :28.2 and :28.1 while opening up a 3-1/4 length advantage at the line where she won in 1:54.4. 

It was the second straight win at Batavia and third consecutive win going back to her impressive 1:50.3 outing at Woodbine Mohawk Park for Saulsbrook Olympia ($5.10) who is owned by William McNeil and Edward Gorc. Jennifer Giuliani trains the fast mare. 

Kevin Cummings was the leading driver of the night with three wins on the card and his third win came with the venerable 14-year-old Freaky Flyer. The Freak turned his 450th lifetime start into his 62nd career victory and pushed his total earnings to $370,549. Freaky Flyer ($12.00) is owned and trained by Rose Russo. 

Live racing resumes at Batavia Downs with a special card on Friday night (Aug. 26) featuring New York Sire Stakes 3-year-old colt and filly trotters who will compete for $232,700 in purses and the 17th edition of Batavia Downs signature stake, the $75,000 Robert J. Kane Memorial pace. Post time for the first race is at 6:00 p.m.

Free full past performance race programs for all live race days can be downloaded by visiting the track's website at bataviadownsgaming.com and clicking the "Live Racing" tab.

Photo courtesy of Wendy J. Lowery

Photo: Owner of Dan's Tire remembered during calling hours Wednesday afternoon

By Howard B. Owens

While calling hours proceeded inside the Gilmartin Funeral Home Wednesday for Dan DiLaura, tow trucks from Dan's Tire and Auto Service were parked on West Main Street in honor of the long-time local businessman.

DiLaura passed away Sunday at age 68.

A 1971 graduate of Batavia High School, DiLaura opened his first auto shop at 23 on West Main Street, Batavia. Over the years, his business ventures grew until he built Dan's Tire in Batavia City Centre.

For his full obituary, click here.

Photo: Work continues on Ellicott Station

By Howard B. Owens

Workers were still framing atop the third floor of the Ellicott Station apartment complex in Batavia early this evening.

The apartments are part of a $22.5 million project that includes a brewery/restaurant and office suites.

The four-story apartment building will contain 55 units, including 52 with balconies, and nine units meeting Americans with Disabilities Act requirements. There will be 37 garage parking spaces and 44 surface parking spaces, a laundry room, an elevator, a community room, bicycle storage, and an enclosed ADA playground.

The developer is Savarino Companies, a firm in Buffalo that specializes in rehabilitating brownfield properties and old industrial buildings. 

The apartments are expected to house workforce residents with $30,000 to $40,000 in annual earnings.

For previous coverage of Ellicott Station, click here.

Muralist Vinny DelPlato dies at age 65

By Howard B. Owens

Vincent “Vincenzo” "Vinny" DelPlato, 65, whose art has enlivened much of Batavia for decades, including Jackson Square, has passed away.

He died Aug. 22 due to complications of diabetes, according to an obituary published today.

While the Jackson Square murals may be his best known, he painted murals on other Batavia buildings -- some of which have been covered in recent years -- as well as a giant mural in Oakfield depicting the village's history.

The obit:

Vin was a talented artist. He saw the beauty in God’s creation. With his paints and brushes, he tried to capture that beauty on canvas, whether it was a portrait of someone’s loved one, a family pet, or the ever-changing scenes of nature. He created true works of art to be admired for years to come.

In 2009, he painted a mural inside what was becoming Next Level Fitness at Main and Jackson streets, inspired by a famous photograph (photographer unknown) of men eating lunch on a beam on the 69th floor of the RCA Building under construction in Manhattan in 1932 (see video below).

File photos by Howard Owens.

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Tenney wins GOP primary for NY-24

By Howard B. Owens

Rep. Claudia Tenney won the Republican Primary Election on Tuesday for the newly formed NY-24 Congressional District with 17,470 votes, or 53.9 of the total ballots cast.

Mario Fratto came in second with 13,0258 votes or 40.2 percent.

George Phillips, who was on the ballot but didn't campaign, received 1,939 votes, or 6 percent.

In Genesee County, Tenney received 1,162 votes, Fratto, 1,054, and Phillips, 107.  There were five write-in votes.

Tenney currently represents the 22nd Congressional District in Central New York.

Democrat Steven Holden and Tenney will face each other in the Nov. 8 general election for the NY-24.

City progressing summer sidewalk projects

By Howard B. Owens

Sidewalk and street replacement work on Columbia Avenue is near completion with Seneca Avenue (bottom photo) not far behind.

Five streets in Batavia were scheduled this summer for a  “Complete Streets” approach to upgrading both the roadway in the walkway.

Other streets part of the project this summer are Miller Avenue, Chase Park, and Fisher Park.  The  $320,000 cost is funded by the state's Consolidated Highway Improvement Program.

This year the scope of work includes the replacement of approximately 6,400 linear feet of sidewalks and handicap-accessible ramps on portions of Chase Park, Fisher Park, and Seneca, Miller, and Columbia avenues.

“Whenever we are able to repave or resurface a roadway, we also look at the sidewalks to make sure they are now ADA compliant. They have appropriate widths for wheelchairs and passing lanes,” Tabelski said during the May meeting.

Previously: City sidewalks, outdated lights in line for gradual replacement

Labor Department reports a 3 percent unemployment rate for county in July

By Howard B. Owens

There were 30,500 Genesee County residents reported in the labor force for July, according to state data released today, up from 29,400 a year ago and down by 100 from June.

July marks the third straight month that Genesee County's labor force -- the number of people either working or seeking work -- has topped 30,000. The labor force was typically over 30,000 in the several months before the pandemic struck.

The unemployment rate for July is pegged at 3 percent, lower than a year ago when it was 4.3 percent. The rate in June was 2.8 percent.

In both July and June, 900 people were listed as unemployed, according to the Labor Department data. In July 2021, there were 1,300 people unemployed.

The state's unemployment rate was 4.8 percent for July compared to 7.1 percent a year ago.

Photos: After yesterday's storms, a rainbow

By Howard B. Owens

It rained for much of the day yesterday, but a rainbow arched over Batavia in the early evening.

And on Jackson Street, top photo by Patricia Morgan, a double rainbow.

By Stacey Foose

By Jason Smith.

Law and Order: Pavilion man accused of choking woman, trying to set truck on fire with her in it

By Howard B. Owens
Dean Gardner

Dean Gardner, Jr., 45, no street address provided, Pavilion, is charged with menacing 2nd, criminal obstruction of breathing or blood circulation, attempted arson 2nd, criminal possession of a weapon 3rd, and criminal possession of a weapon 4th. Gardner is accused of attacking a victim in a car on Warsaw Road at 3:16 p.m. on Aug. 20. According to Le Roy PD, Gardner is accused of choking the victim until she was no longer able to breathe.  He then allegedly grabbed a gas can from the back of his truck and poured gas on the driver's seat of the vehicle and attempted to light it on fire with the woman still in the passenger seat.  She attempted to call 9-1-1 but was too afraid that Gardner may have heard her talking with dispatchers. She hung up the phone and sent a text message to dispatchers requesting help. Officers John Ceneviva and Jordan Wolcott responded to the call.  Gardner was placed under arrest. He was arraigned in Town of Le Roy Court and released on his own recognizance, set to return to court on Sept. 15.

Kevin Weber

Kevin J. Weber, 51, of Batavia, is charged with assault 2nd. Weber is accused of beating a housemate during an argument over a beer at 7:31 p.m. Aug. 13. He was arraigned in City Court and ordered held in jail on an unspecified amount of bail.

Nakita N. Shook, 36, of Batavia, is charged with harassment 2nd. Shook is accused of hitting another person in the face during a disturbance at a rooming house on East Main Street, Batavia, at 6:51 a.m. Aug. 13. Shook was arraigned in City Court and ordered to return Sept. 1.

Kenneth S. Griffin Jr., 24, of Batavia, is charged with DWI, driving with a BAC of .08 or greater, and aggravated unlicensed operation. Griffin was stopped at 3:30 a.m. Aug. 13, on Jefferson Avenue by a Batavia patrol officer. He was issued an appearance ticket.

Kimberly J. Grover, 56, of Perry, is charged with criminal possession of a controlled substance 7th, DWAI-Drugs, inadequate exhaust system, and broken windshield. Grover was stopped by a Batavia patrol officer at 12:30 a.m., Aug. 9, on East Avenue. He was issued an appearance ticket.

Kimberly A. Fox, 44, of Vine Street, Batavia, is charged with harassment 2nd. Fox was arrested on a warrant. She is accused of physically harassing another tenant in her multi-unit dwelling. She was arraigned in City Court and released on her own recognizance. 

Adam B. Thomas, 33, of Batavia, is charged with criminal mischief 4th. At 4:35 p.m. on Aug. 14, police responded to a location on West Main Street to investigate a trespass complaint. While on scene, officers were informed that Thomas was suspected of ripping off the toilet seat in the women's bathroom and refused to exit the building. He was issued an appearance ticket.

Alicia M. Lyons, 42, of Batavia, is charged with harassment 2nd. Lyons is accused of kicking another person in the leg causing a minor injury at 11:38 a.m. Aug. 14. 

Eric P. Doleman, 52, of Corfu, is charged with petit larceny. Doleman is accused of stealing a Reese's snack cake from a gas station on West Main Street, Batavia, at 3:40 a.m. Aug. 13. Doleman was issued an appearance ticket.

Andrew A. Searight, 35, of Niagara Falls, is charged with failure to appear. Searight is accused of failing to appear in City Court as ordered on June 21. Searight was arraigned in City Court and ordered to appear on Sept. 7.

Justin Mark Davis, 31, of Chili Avenue, Rochester, is charged with felony DWI, felony driving with a BAC of .08 or greater, aggravated unlicensed operation, insufficient tail lamps, and driving without a court-mandated interlock device. Davis was stopped at 11:45 p.m. Aug. 11 on Clinton Street Road, Bergen, by Deputy Trevor Sherwood. He was processed at the Genesee County Jail and released on an appearance ticket.

Jay Michael Blatchley, 49, of Bank Street Road, Batavia, is charged with petit larceny. Blatchley is accused of stealing $82.06 in merchandise from a retail store on Veterans Memorial Drive, Batavia, at 7:01 p.m. on Aug. 16. He was processed at the Genesee County Jail and ordered to appear in court on Aug. 23.  NOTE: The Sheriff's Office withheld the name and address of the retail store.

Jamie Aaron Dutton, 30, of Buell Street, Batavia, is charged with burglary 3rd, criminal possession of a controlled substance, and petit larceny.  Dutton is accused of entering Walmart in Batavia at 7:55 p.m. on Aug. 18 with the intent to commit a crime. He was located at a different location by Deputy Andrew Mullen and K-9 Frankie.  He was arraigned in Genesee County Court and ordered to appear in Town of Batavia Court on Sept. 13. Deputy Zachary Hoy investigated the case.

Jonah Lee Epps, 20, of Elm Street, Batavia, is charged with driving while ability impaired by drugs. Epps was arrested on Aug. 20 and charged in connection with a property damage accident reported at 9:21 p.m. on June 16 following the return of laboratory results.  The case was investigated by Deputy David Moore and Deputy Nicholas Chamoun. Epps was issued an appearance ticket. 

Danielle Katherine Kellogg, 24, of Pembroke, is charged with harassment 2nd.  Kellogg is accused of hitting another person causing a minor injury at 2:49 a.m. on Aug. 18, at a location in Pembroke. She was arraigned in Pembroke Town Court.  

Rachael Anne Gillespie, 31, of Main Road, Stafford, is charged with felony DWI and felony driving with a BAC of .08 or greater.  Gillespie was stopped at 8:14 p.m. on Aug. 19 on Sharrick Road, Darien, by Deputy Alexander Hadsall. She was issued traffic tickets and released.

Sandra Lynn Shifley, 39, of Bird Road, Byron, is charged with DWI, driving with a BAC of .08 or greater, and failure to keep right. Shifley was arrested following a report of a property damage accident, a vehicle had struck a road sign, at 7:17 p.m. on Aug. 20 on North Bergen Road, Byron. Shifley was transported to the Genesee County Jail for processing and issued appearance tickets. The accident was investigated by Deputy Jacob Kipler.

Fidel Vargas-Sondoval, 46, of Glenbrook, Rochester, is charged with criminal mischief 3rd. Vargas-Sondoval is accused of slashing tires on Washington Street in Le Roy on Aug. 15.  Vargas-Sondoval was arraigned in Town of Le Roy Court, an order of protection was issued, and he was released pending a future court appearance. 

Austin J. Kettle, 28, of Batavia, is charged with DWI and driving with a BAC of .08 or greater. Kettle was stopped at 11:58 p.m. on Aug. 19 in the Town of Pembroke by State Police. He was issued an appearance ticket.  No further information released.

Blake R. Johnson, 37, of Canandaigua, is charged with DWI and driving with a BAC of .08 or greater. Johnson was stopped at 3:20 a.m. on Aug. 20 in the Town of Batavia by State Police. Johnson was released on an appearance ticket. No further information released.

Basom man indicted on attempted murder, accused of attacking criminal case witness

By Howard B. Owens
Jarrett Coniglio

A 29-yar-old Basom man has been indicted by a Genesee County Grand Jury of attempted murder in the second degree, a Class B violent felony.

Jarrett C. Coniglio, a Bloomingdale Road resident, is accused of attempting to stab another Basom resident to death.

He is also indicted on counts of assault in the first degree, a Class B violent felony, criminal possession of a weapon in the third degree, intimidating a victim or witness in the third degree, criminal mischief in the fourth degree, and menacing in the third degree.

The victim was a witness in another criminal matter, according to the indictment, and Coniglio was attempting to prevent that person from communicating a witness statement to authorities.

The incident took place on April 11 at a residence on Sandhill Road in the Town of Alabama.

On June 1, Coniglio was sentenced to five years in prison on an assault in the second-degree conviction. 

That charge stemmed from a July 23, 2021 incident on Bloomingdale Road in which Coniglio snuck up behind a neighbor and hit him over the head with a bottle.

Coniglio's brother, Justice C. Coniglio, was also charged with assault in the second degree. Both were also accused of fighting with deputies when officers attempted to arrest them. A K-9 handler was injured during the scuffle.

On June 7, Justice Coniglio entered a guilty plea to the assault charge.

Previously:

One of two defendants accused of killing dairy farm workers arraigned on murder charge

By Howard B. Owens
Raul Cruz

One of two men indicted by a Genesee County Grand Jury of murder in a double homicide in March was arraigned on those counts in Genesee County Court this morning.

The arraignment of Raul Cruz, 18, of Warsaw, went through standard court procedure -- ensuring all evidence that is available (discovery material) has been turned over to the defense, ensuring the prosecution is ready for trial, setting dates for motions, and reviewing the defendant's bail status.

Cruz entered a not-guilty plea for the murders that occurred in Alexander earlier this year.

There will be more evidence in the case coming from the crime lab, District Attorney Kevin Finnell told Judge Melissa Cianfrini Lightcap.  He indicated there is still a substantial amount of evidence in the case for the lab to process, however, upon questioning by Lightcap, Finnell said he has sufficient evidence already to prosecute the case and is ready to proceed to trial.

Before a trial date is set, the defense has the right to file motions in the case challenging evidence and witness statements, and the prosecution is given time to prepare counterarguments before the court holds a hearing on those motions.

Defense motions are due on Oct. 6, with answers due on Oct. 13.  A hearing on motions is scheduled for 11:15 a.m. Oct. 17.

Cruz is being held without bail, but Genesee Justice has yet to conduct a bail scoring worksheet, which is normally part of the bail review process and provides the judge with information on a defendant's flight risk. Defense Attorney Fred Rarick asked that the worksheet be completed before he makes a motion on his client's bail status.  In the interim, Lightcap ordered Cruz to continue to be held in the Genesee County Jail without bail.

Both Prince N.K. Wilson, 23, of Albion, and Cruz are accused of killing Elibander "Ivan" Morales and Marcelino Gomez Hernandez at 10216 Alexander Road, Alexander on March 11.

Morales was 30 and Hernandez, 29.  Both were born in Mexico and had been employed in the U.S. for an unspecified amount of time.

They were indicted last week by a Genesee County Grand Jury on counts of murder in the first degree, murder in the second degree, arson in the second degree, and petit larceny.

Cruz and Wilson are accused of killing Morales and Hernandez, of setting the fire, and of stealing cash, a suitcase, a laptop, and other personal property.

Wilson is scheduled to be arraigned on Friday.

Previously:

Two people killed in Thruway accident at Slusser Road Bridge

By Howard B. Owens

Two people were killed in a motor vehicle accident on the New York State Thruway on Sunday evening when a truck they were in left the roadway and struck the Slusser Road Bridge in the Town of Pembroke.

Pronounced dead at the scene were Thomas T. Cartmel, 64, of Crossville, Ala., and Deborah J. Burelli, 67, of Rochester. 

The accident was reported before 6 p.m.

According to State Police Cartmel and Burelli were in a 2014 Dodge Ram 3500 truck pulling a trailer in the westbound lane of the I-90.  The truck left the roadway on the right shoulder and drove through a grassy area and then struck the bridge.  The trailer became detached and came to rest vertically against the overpass.

A Genesee County coroner pronounced both occupants dead at the scene. Their bodies were transported to the Monroe County Medical Examiner's Office.

The investigation into the accident is ongoing and being conducted by the NYSP Collision Reconstruction Unit and the Bureau of Criminal Investigations.

Photos by Alecia Kaus/Video News Service

Photo: Tractor and Barn in Byron

By Howard B. Owens

A tractor and barn on MY-T Acres farmland in Byron, off Route 262 near Bank Street Road.

Photo by Howard Owens

Photos: Batavia Bulldawgs open new season at Van Detta

By Howard B. Owens

The Blue, Gray, and Black is back in action and in snazzy new uniforms.

The Batavia Bulldawgs youth football program took to the turf at Van Detta Stadium on Saturday to kick off the 2022 season.

Photos by Howard Owens

Photos: Rain rolling in and later a rainbow

By Howard B. Owens

Heavy storm clouds rolling into Batavia early this evening, submitted by a reader who did not provide a name.

A rainbow over a pond in Pembroke, submitted by Jim Reinhardt.

Gas pump struck at Speedway in Batavia by RV

By Howard B. Owens

An RV has reportedly struck a gas pump at the Speedway in Batavia.

Somebody shut off the gas to all pumps using the emergency shutoff.

There was an unknown amount of fuel spilled.

City Fire responding.

Possible serious injuries in Thruway accident

By Howard B. Owens

Traffic has been shut down on the Thruway of a possible serious-injury accident in East Pembroke near Slusser Road.

A semi-truck has gone off the roadway and a pickup truck may have struck a bridge.

There is possible entrapment. 

UPDATE 6:17 p.m.: Town of Batavia's rescue requested to the Thruway to assist East Pembroke.  Corfu requested to standby in quarters to cover East Pembroke calls.

Photos: Byron celebrates 200th anniversary

By Howard B. Owens

The Byron Bicentennial Committee delivered Saturday on its promise of a full day of activities to celebrate the town's 200th birthday.

It's two years late but we all know what has kept people from public gatherings for two years.

The day included a 5K, parade, food, games, vendors, music,  a car show, and fireworks.

After the morning parade, Assemblyman Steve Hawley presented Town Supervisor Peter Yasses and Matt Meier, president of the Byron Historical Society, with a State Assembly Proclamation to commemorate the anniversary (top photo).

For more photos or to purchase prints, click here.

Photos by Howard Owens

Betty Stedge, Byron's oldest living female.

John Sackett, Byron's oldest living male.

Abandoned house fire reported in Pavilion

By Howard B. Owens

A structure fire is reported at 10805 South Street Road, Pavilion.

The structure is an abandoned house.

The initial call, from a passerby, was for a rubbish fire in the roadway at that location and that trees were on fire.

Pavilion Fire dispatched with mutual aid from Bethany, Stafford, and Perry Center.

Arrest made in Elm Street shooting

By Howard B. Owens
Jeremy Ives

Two attempted assault 1st charge has been lodged against a man accused of firing a shotgun and wounding two people on Aug. 12 at 2 Elm St., Batavia.

Jeremy Ives, no address or age provided, was also charged with two counts of criminal possession of a weapon 2nd, kidnapping 2nd, criminal use of a firearm 1st and 2nd, and menacing 2nd. 

Detectives believe the weapon used was a shotgun and that Ives possessed it unlawfully. 

They say Ives fired one shot.

One person was transported to an area hospital and released after treatment.  Another person was treated at the scene and released.

Police say that after the shooting, Ives fled in a vehicle with other passengers and that one of the passengers attempted to exit the vehicle multiple towns and that Ives threatened the passenger.

The motive for the shooting is still under investigation.

Ives and a victim may have known each other.

Following arraignment in City Court, Ives was ordered jailed without bail.

The statement from Batavia PD reads: "The Batavia Police Detective Bureau would like to thank the public for their assistance in providing information regarding the shooting. The Batavia Police Department would also like to thank the Genesee County Emergency Dispatch Center, the City of Batavia Fire Department, and Mercy EMS for their assistance on scene as well as the Erie County Crime Analysis Center and Unified Court Security personnel."

The investigation is on-going and anyone else with information is asked to contact Batavia Police Detective Jason Ivison at (585) 345-6312. 

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