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Law and Order: Driver from Buffalo accused of fleeing from police

By Howard B. Owens

Name redacted upon request, 41, of Rosemary Avenue, Buffalo, is charged with obstructing governmental administration 2nd, speeding, and failure to obey a police officer. xxx is accused of failing to yield for a patrol vehicle's emergency lights on Jan. 10 at 8:53 p.m. on Bloomingdale Road, Tonawanda Indian Reservation, and then, when he did stop, running from the vehicle. Once apprehended, he was transported to the Genesee County Jail for processing and then released on an appearance ticket.

Antonio Elmer Sosa-Martinez, 33, of West Academy Street, Albion, is charged with DWI, moving from lane unsafely, drinking alcohol or using cannabis in a motor vehicle on a highway, and unlicensed driver. Sosa-Martinez reportedly crashed his work van on Warsaw Road in Le Roy at 8:14 p.m. on Jan. 7. After an investigation by Deputy Mason Schultz and Deputy Jacob Kipler, Sosa-Martinez was placed in custody. He was transported to the Genesee County Jail for processing and released.

John James Gronowski, 45, of Cayuga Circle Road, Cheektowaga, is charged with criminal trespass 3rd. Gronowski was allegedly at Batavia Downs after previously being told he was not allowed on the property. He was issued an appearance ticket and released.

David Charles Pfenninger, Jr., 44, of Fargo Road, Corfu, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely. Pfenninger was reportedly found in his vehicle stuck in a ditch on Route 77, Pembroke, at 1:10 a.m. Jan. 13 by Deputy James Stack. He was released on an appearance ticket.

Jordan Roger Difilippo, 29, of Pratt Road, Pembroke, is charged with sex offender failing to report change of address/status. Difilippo was arrested on Jan. 12 for allegedly failing to disclose an email address to the Department of Probation. He was released on an appearance ticket.

Paul Crawford, 54, of Old Meadow Lane, Batavia, is charged with criminal possession of a controlled substance 7th and driving on a suspended registration.  Crawford was arrested on Jan. 12 after being located on Old Meadow Lane at 9:02 p.m. He was released on an appearance ticket.

Timothy Ting Hsia, 33, of Sinclair Street, Mckeesport, Pa., is charged with DWI, driving with a BAC of .08 or greater, aggravated unlicensed operation 3rd, unlicensed driver, and failure to use four-way flashers. Hsia was stopped at 6:05 a.m. on Jan. 14 on Genesee Street, Pembroke, by Deputy Ayrton Blankenship.

Matthew J. Zon, 41, of South Byron, is charged with criminal contempt 1st. Zon was arrested on Jan. 12 by State Police in connection with an incident reported at 3:09 p.m. on Oct. 15 in the Town of Byron. According to the statute cited, Zon reportedly has a prior criminal contempt conviction. He was released on his own recognizance. 

Kim M. Sobczak, 60, of Batavia, is charged with petit larceny. Sobczak was arrested by State Police in connection with an incident reported on Jan. 11 at 1 p.m. in the Town of Batavia. She was released on an appearance ticket. No other information released.

Alabama's Firefighter of the Year made a big impression during Winter Storm Elliott

By Howard B. Owens

Winter Storm Elliott blew into the Town of Alabama again on Saturday night, this time in the form of memories and accolades for first responders during the Alabama Volunteer Fire Department's annual installation and awards banquet. 

Alabama Fire sheltered 40 people during the storm, among them the district's own president, Wendy Allen-Thompson, who stopped at the fire hall after she couldn't make it home in the storm.  She helped organize the storm response at the shelter. She was impressed by the response of department members as well as the stranded travelers she met during the storm.

"It's a memory of my Christmas and my birthday that I will never forget as long as I live," Allen-Thompson said. "I'm so happy I had the privilege of being a part of it."

Joe Bradt, manager of the Alabama Hotel, which also sheltered travelers during the storm, presented a check to the department for $2,500 -- the amount of money donated by the travelers who rode out the storm at the Hotel.

"What you guys did, I mean, we were there, and we were open, and we fed the people, but you guys got them there," Bradt said."That meant more to us than anything else."

The department received 369 dispatches in 2022, said Chief Gary Patnode. There were only two house fires.  Winter Storm Elliott was by far the biggest event of the year for the small, all-volunteer fire department.

It was a storm that was hard emotionally on firefighters, who, by instinct and training, rush to help people.  Alabama's members felt overwhelmed at times, as the storm raged and whiteout conditions prevailed, throughout the northwest portion of Genesee County, the chief said.

"When we get the call, and you know that there are 150 open 9-1-1 calls for vehicles that need to be cleared, and you can't see your hand in front of your face, you get overwhelmed with that helplessness feeling," Patnode said. "It's just because we're all Type-A personalities. We want to help people, and when you can't physically see to go out where it's safe, you feel helpless."

But Alabama's volunteers were ready and willing to give a rescue a try every chance they got, Allen-Thompson said. 

"I can't even begin to describe the heroism of these guys,"  Allen-Thompson said.  "You couldn't see anything. You couldn't drive. We were getting phone calls from stranded motorists. We had a bunch of them here that were stranded. People were calling 9-1-1, and they weren't getting help as fast as they wished they could, for obvious reasons, and so they just started looking up the number for the fire hall, and they were calling us. Rob (Crossen) would take the call, then another call, and then another caller. And he'd look at me, and I'd look to him, and I think we were all just getting pretty scared that people were gonna literally perish out there in their cars. So it was quite an experience, to say the least. We had people outside working, all these guys were out there in the cold, turning red, beet red, working on trying to help people, and they go out and bring a couple people back."

Crossen was tireless in his efforts, Allen-Thompson said, rescuing seven people, driving his truck with the driver's door open, one foot on the running board, peaking through space between the open door and the windshield to help improve the visibility as he drove.

He and the other volunteers brought back all kinds of people -- people from China, from Canada, from Russia, and other foreign lands. 

"We were a melting pot, which is unusual for this area for us," Allen-Thompson said. "I really enjoyed that a lot. I learned a lot. The one guy specifically who made the best rice I've probably ever eaten."

There was one man who was particularly impressed by Crossen.

"Rob kept going and going, and I still remember because it surprised me when a man said, 'you know about Rob Crossen? and I said of course,' but that really got my attention," Allen-Thompson said. "'Yeah, I think I do.' He said, 'Wendy, Rob told me he is 77 years old.' I was like, I couldn't believe it, and he said, 'Yes, Rob told me several times he is 77, and he was driving to save us.'"

Crossen's efforts during the storm are one reason he was named Firefighter of the Year.

Photos by Howard Owens.  Top photo, Todd Thompson and Ryan Thompson present Rob Crossen with the Firefighter of the Year Award.

Jerry and Karen Johnson, along with their three children, were special guests of the department for the dinner. The family sheltered 20 stranded travelers during the storm.

Karen said events started for them around 4:30 p.m. on Friday when a State Trooper knocked on their door.  His vehicle had been stuck in front of his house for five hours and he only just realized there was a home at his location.

"He goes, 'we got several strange motorists out here.' I said, 'Well, we have a heated shop if they need somewhere to stay, please bring them in.' And he was like, 'well, we're not at that point yet.'"

About an hour and a half later, he said he needed to start bringing stranded motorists to the Johnson's shop.

"One of them was literally at the end of our driveway for five and a half hours, and we didn't even know," Karen said. "We couldn't see him, couldn't hear him."

By the end of Friday night, there were 22 people in the shop plus two state troopers.

"We're like, 'what are you gonna feed these people?' Karen said. "We'll do the best we can, you know. Unfortunately, that night they had a dinner of macaroni and cheese and frozen pizza."

Like other shelter locations, the travelers came from many parts of the world.

The Johnson's children helped entertain the children who came to the shop.

"There was a little girl who was seven years old," Karen said. "She and her family, there were six of them, they were on their way to Hawaii. She got to go in the house most of the time. She played games. My children kept her occupied.  When it came time to go, she looked sorry.  She looked at her dad, and she goes, 'This was better than going to Hawaii.'"

There was a bit of a Christmas miracle in the Johnson household during the event, Karen revealed.

"For the first time, my kids pulled together for three days," she said. "No arguing."

For The Batavian's complete coverage of Winter Storm Elliott, click here.

Gary Patnode and Wendy Allen-Thompson receive a $2,500 check from Joe Bradt, general manager of the Alabama Hotel.

See also: Alabama has its own Christmas story to tell, and stranded travelers aren't 'home alone'

The Indian Falls Volunteer Fire Department was recognized with the Service Award, presented by Chief Gary Patnode. The award was in recognition of the support on mutual aid calls provided by Dave Olsen, LuAnn Mileham, Chief Ed Mileham, and Matt Delre (not pictured) as members of the Indian Falls department.

"Alabama Fire, like many other agencies, struggles to answer 9-1-1 calls during the day," Patnode said. "For many years these individuals have played a vital role in Alabama Fire being able to respond and answer your calls while providing the necessary patient care until the ambulance arrives."

See also: County's smallest department kept travelers fed, warm, and safe during Winter Storm Elliott

Terry Thompson presented the EMS awards to Mark Smith and Brianna Smith.

Brianna Smith received the "Rising Star" award from Wendy Allen-Thompson.

Sydney Eick was honored for 50 years of service to the department, which included a proclamation from Assemblyman Steve Hawley, and for responding to the most calls in 2022. 

Assemblyman Steve Hawley administered the oath of office to the elected and appointed officers of the Alabama Volunteer Fire Department.

Elected:

  • President, Wendy Allen-Thompson
  • Vice president, Joseph Uhrinek
  • Chief Gary P. Patnode
  • Treasurer Tony Mudrzynski
  • Secretary, Leah Thompson
  • Board of Directors: Richard Brunea, Henry Mudrzunski, Gary L. Patnode, Allison Thompson, Ryan Thompson
  • Bell Jar Secretary, Clayton Fry
  • Hall Steward, Terry Thompson

Appointed: 

  • Deputy Chief, Sid Eick
  • 1st Assistant Chief, Terry Thompson
  • 2nd Assistant Chief, Ryan Thompson
  • Captain, Todd Thompson
  • EMS/Fire Captain, Richard Brunea
  • EMS Captain, Brianna Smith
  • EMS Lieutenant, Mark Smith
  • Fire Police Captain, Henry Mudrzynski

Henry Mudrzynski gave a talk on the history of the department, which included showing off the bylaws from 1950.

Here's a video produced the Town of Alabama Highway Department about the storm.

Brush fire next to residence reported on Horseshoe Lake Road

By Howard B. Owens

A brush fire three feet from a residence is reported at 5465 Horseshoe Lake Road, Stafford.

According to a caller, there was an attempt to start a campfire, and the bushes caught on fire.

Stafford Fire dispatched.

UPDATE 8:35 p.m.: It's a small fire down in a raven.

UPDATE 8:50 p.m.: The fire is out.

Rollover accident reported on Dublin Road, Pavilion

By Howard B. Owens

A one-vehicle rollover accident with entrapment is reported in the area of 6317 Dublin Road, Pavilion.

Pavilion Fire, Bethany Fire, and Mercy EMS dispatched.

A first responder reports the patient is conscious and alert.

UPDATE 2:45 p.m.: "There's a bunch of trees in the way."  Chainsaws and extrication equipment will be needed. Vehicle is totally on its roof, and the roof is partially collapsed.

UPDATE 2:39 p.m.: The patient has self-extricated.  Pavilion can stand down.

UPDATE 3:10 p.m. Bethany is back in service.

Batavia Boys improve to 8-2 with 88-39 win vs.Greece Olympia

By Howard B. Owens

Five of Batavia's players hit double-digits in scoring as the Blue Devils beat Greece Olympia 88-39 on Friday.

Carter McFollins scored 16 points, Carter Mullen 14, Sawyer Siverling 13, Ja'vin McFollins 12, and Aiden Bellavia 11. Adding on, Rashaad Christie scored eight points and Mike McKenzie scored six.

Batavia improves to 8-2 on the season.

Also, in Boys Basketball on Friday:

In Girls Basketball:

  • Elba beat Kendall, 47-12. Sydney Reilly scored 17 points and had 12 rebounds. Haille Scouten scored five points and had 15 rebounds, Kennedy Augello scored nine points and had four assists.
  • Notre Dame beat Alexander, 48-28. Amelia McCulley scored 26 points. 
  • Byron-Bergen beat Attica, 52-25
  • Oakfield-Alabama beat Lyndonville, 49-40
  • Arcadia beat Batavia 44-34
  • Geneseo beat Le Roy, 50-37
  • Wheatland beat Pembroke, 38-36

Blue Devils' next game is away at Livonia High School Tuesday, at 7 p.m.

To view or purchase photos, click here.

Photos by Steve Ognibene

Developers say Pembroke location ideally suited for planned $142 million distribution center

By Howard B. Owens

The developers of a planned 100-acre distribution center are confident they've selected a unique and ideal location for such a facility -- halfway between Rochester and Buffalo along a stretch of Thruway with few other appropriately zoned sites.

"I think we all know why this is a great site for this particular use," Buffalo-based attorney Sean Hopkins said to the Genesee County Planning Board on Thursday evening. "I was actually looking at the county IDA (Industrial Development Agency/GCEDC) website. I believe what it says is this is well within a one-day drive for a tractor-trailer (to an area) of 2.8 million people, and we were obviously right on the Thruway. It's an excellent location. If you look in the Rochester market, you look in the Buffalo market -- there is a shortage of this type of use."

The location is on Route 77, across from the Flying-J, close to the 48-A Thruway Interchange.

Horizon Acres Associations of Spring Valley is the lead applicant. Geis Companies, of Ohio, is the developer. Metzger Civil Engineering presented the application for a Site Plan Review to the board.

After the presentation, the board recommended approval with modifications of required permits from the state Department of Transportation, that the applicants receive comments on the application from the Pembroke Fire Department, and that the site complies with 9-1-1 address requirements.

Geis currently has no tenants committed to any of the six buildings planned for the property but at build-out, within an estimated five years, the various warehouses should employ at least 400 people.

"This would be flex industrial buildings designed to attract potentially different-sized tenants," said Michael Metzger (on right in top photo). "We've had conversations with potential tenants, but nothing that is ready to be committed at this point." 

The developers hope to begin construction this year, at least getting the site graded and ready for construction, if not "going vertical" on at least two of the six buildings.  The six buildings combined will offer 1.5 million square feet of warehouse space and cost more than $142 million to construct.

"I think that documentation demonstrates that, in terms of the build-out of the project, we're hoping that this would occur in approximately five years," said Hopkins (speaking in top photo). "Obviously, it is subject to market demand."

Later he added, "But we do want to have a shovel-ready site. That's our goal, and we think we can accomplish it."

He expressed confidence in Geis Companies. He said the company has a lot of experience with this type of project in Ohio and they have "an excellent track record."

"I think it's really a welcome opportunity to bring them to Western New York, to bring their expertise," Hopkins said. "We think this project is a win-win for all parties involved."

When discussing the renderings of the potential design of the buildings, he said he anticipated the construction of quality, attractive buildings on the site.

"They're gonna have to obviously serve the function that they'll be designed for, but we also want them to look attractive from the outside," Hopkins said.

The site uses 100 acres of a 200-acre parcel, with the remaining space reserved for federally protected wetlands.

"We're not proposing any impact whatsoever to DEC wetlands, and I believe our impact on to federal wetlands is approximately .2 acres, so it's a very small impact," Hopkins said. "We readily expect that we will get that permit from the Army Corps of Engineers."

The wetlands-related documents, prepared as required by the application process and provided to the board, run to dozens of pages.

Horizon Acres Associates has requested from the Genesee Center for Economic Development a sales tax exemption of about $6.2 million, a property tax abatement estimated of approximately $11.9 million, and a mortgage tax exemption estimated at $1.1 million.

The project is projected to generate $7.9 million in PILOT revenues for municipalities during the 10-year PILOT agreement. According to the GCEDC, those payments total about  39.5 times more than anticipated municipal revenue from the property's undeveloped state.

Top photo by Howard Owens. Illustrations below, submitted.

Three-vehicle accident reported on Bloomingdale Road

By Howard B. Owens

A three-car accident with entrapment is reported at Bloomingdale and Martin Road, on the Tonawanda Indian Reservation.

Alabama Fire and Indian Falls Fire dispatched along with Mercy EMS.

UPDATE 3:48 p.m.: The Indian Falls chief is on scene and reports two vehicles blocking Martin Road. One patient inside a residence. No entrapment.

Accident with entrapment reported on West Main, Le Roy

By Howard B. Owens

A person is reportedly trapped in a vehicle following an accident on West Main Street at West Avenue in Le Roy.

Le Roy Fire is on scene. Stafford dispatched mutual aid to assist with extrication.

UPDATE 1:44 p.m.: Fire police requested for traffic control.

Notre Dame dominates Holley 47-32 in Girls Basketball

By Howard B. Owens

Notre Dame improved to 8-1 on the season in Girls Basketball with a 47-32 win over Holley.

Amelia McCulley scored 20 points for the Fighting Irish, hitting two three-pointers along the way, and coming up with five rebounds, two blocks and three steals.

Avelin Tomidy scored eight points and had six rebounds. Emma Sisson scored seven points and had five rebounds.

Also in Girls Basketball on Wednesday:

  • Alexander beat Elba 58-53. Alyssa Kramer scored 32 points for Alexander. Laurel Kania scored 13, and Melanie Pohl scored 10.  No stats reported for Elba.
  • Byron-Bergen beat Pembroke 52-40. Kendall Phillips scored 19 points for the Bees. Karli Houseknecht scored 11 points for the Dragons.

In Boys Basketball:

  • Batavia beat Vertus 74-71. The Blue Devils improved to 7-2 on the season. Ja'Vin McFollins scored 19 points for Batavia. Carter McFollins scored 17. Aiden Bellavia scored 15. 
  • Le Roy beat Letchworth 67-49. Merritt Holly, Jr. scored 26 points for the Knights.
  • Pavilion lost to Mount Morris, 67-52.

To view or purchase photos, click here.

Photos by Steve Ognibene

Law and Order: Trio from Rochester accused of stealing bags of items from Ulta Beauty

By Howard B. Owens

Mone N. Wiggins, 24, of Dana Street, Rochester, is charged with grand larceny 4th, conspiracy 5th, and criminal impersonation. Yathil Karis K. Lay-Rivera, 24, of Grand Avenue, Rochester, is charged with grand larceny 4th and conspiracy 5th.  Aniyah E. Kendrick, 18, of Sullivan Street, Rochester, is charged with conspiracy 5th.  On. Jan. 6, Sheriff's deputies responded to Ulta Beauty in Batavia Towne Center after receiving a report of a larceny in progress. When officers arrived, Wiggins, Lay-Rivera, and Kendrick were allegedly seen walking to a vehicle with "bags full of stolen items." The three were taken into custody and issued appearance tickets. Assisting in the investigation were Deputy Morgan Ewert, Deputy Nicholas Chamoun, and Deputy Jacob Kipler.

Joe Cortez

Joe Andrew Cortez, 40, no permanent address, is charged with rape 1st and rape 3rd. Cortez is accused of forcing a person under the age of 17 to have sexual intercourse on Sept. 20 at 3 p.m. at a location on Lewiston Road, Batavia. Cortez was arrested on Jan. 6 and ordered held in the Genesee County Jail.

Tommy Lee Mobley III, of Main Street, Le Roy, is charged with attempted criminal possession of a weapon 4th. Mobley is accused of attempting to purchase a firearm from a business on West Main Street, Batavia, on Sept. 27 at 9 a.m., while being a person prohibited by law from making a firearm purchase. Mobley was taken into custody on Jan. 6, processed at the Genesee County Jail, and released on an appearance ticket.

Vicki Lee Showler, 51, of Lewiston Road, Alabama, is charged with petit larceny. Showler is accused of shoplifting at the Dollar General store on North Main Street, Oakfield, on Jan. 4 at 8:24 p.m. Showler was processed at the Genesee County Jail and released.

Tatiana Makarevic, 55, of Maple Road, Alabama, is charged with DWI, driving with a BAC of .18 or greater, and moving from lane unsafely.  Deputy Jacob Kipler and Deputy Jeremiah Gechell responded to a report of an erratic driver on Route 77 in the Town of Pembroke on Dec. 15 at 8:48 p.m. Makarevic was taken into custody and processed at the Genesee County Jail. She was released on appearance tickets.

Jocolby Sherod Wallace, 34, of Bryan Street, Rochester, is charged with criminal possession of a weapon 4th, aggravated unlicensed operation 3rd, and uninspected motor vehicle. Wallace was stopped on Jan. 6 at 8:52 p.m. on Route 33 in Byron by Deputy David Moore. During the traffic stop, Wallace was allegedly found in possession of a stun gun while being previously convicted of a crime. He was arraigned and ordered held without bail.

Theresa Lorraine Fisher, 34, of Royal Parkway, South Lockport, is charged with driving while ability impaired by drugs and aggravated unlicensed operation 2nd. Fisher was stopped on Jan. 1 at 5:45 p.m. on Route 77 in Pembroke by Deputy Morgan Ewert. She was issued an appearance ticket.

Grand Jury Report: Man accused of first degree rape

By Howard B. Owens

Shane M. Vaname is indicted on counts of rape in the first degree, a Class B violent felony, sexual abuse in the first degree, a Class D violent felony, and rape in the third degree, a Class E felony. Vaname is accused of having sexual intercourse with another person by forcible compulsion on Dec. 10 at a location in the Town of Le Roy. He is accused of subjecting another person to sexual contact by forcible compulsion. He is accused of having sexual intercourse with a person who was incapable of giving consent.

Stephen E. Pike is indicted on counts of strangulation in the second degree, a Class D violent felony, criminal mischief in the fourth degree, a Class A misdemeanor,  and assault in the third degree, a Class A misdemeanor. Pike is accused of impeding the normal breathing or blood circulation of another person by applying pressure to the person's throat, thereby causing stupor or loss of consciousness at a location in the City of Batavia on Aug. 6, and that he intended to cause physical injury to another person. He is also accused of damaging a window at a property on Liberty Street, Batavia on Aug. 6. 

Jamie A. Dutton is indicted on three counts of burglary in the third degree, a Class D felony, and three counts of petit larceny, a Class A misdemeanor. Dutton is accused of entering Walmart on Aug. 3, Aug. 14, and Aug. 18 with the intent to commit a crime once inside. He is accused of stealing bicycles on Aug. 3 and Aug. 14. He is accused of stealing two wireless keyboards on Aug. 18.

Benjamin D. Seekins is indicted on a count of DWI, a Class E felony. Seekins is accused of being drunk at the time he was driving a 2011 Kia on July 12 on Route 5 in the Town of Batavia. He is accused of driving drunk within 10 years of a prior DWI conviction.

Batavia man accused of letting wife OD sent to prison

By Howard B. Owens
Makeen Ithna-Asheri

A Batavia man accused of letting his wife die of a drug overdose on New Year's Eve 2021 was sentenced to 2 1/3 to seven years on his manslaughter conviction on Monday.

Makeen Ithna-Asheri, 62, was charged after Anda Ithna-Asheri, 61, was found dead in their apartment at Northside Meadows.

She died of an overdose and Ithna-Asheri did not provide aid.

Their children, ages seven and 10, were present at the time of their mother's death.

District Attorney Kevin Finnell said the sentence was in accordance with a plea deal that was made with Ithna-Asheri in order to spare the children the hardship of testifying at trial.

Genesee Valley Wind Ensemble to hold its Fall Concert on Jan. 22

By Howard B. Owens

A Genesee Valley Wind Ensemble concert originally scheduled for November has a new performance date: Jan 22.

The concert begins at 4 p.m. at the Oakfield-Alabama Junior/Senior High School.

Conductor Philip J. Briatico will lead the ensemble through a varied program.

  • Ride - Samuel Hazo
  • Into Battle- Christopher B. Taylor
  • The Lion King - Arr. Calvin Custer
  • Foundry - John Mackey
  • Selections from the musical: Chicago - Arr. Ted Ricketts
  • Selections from the musical: Mama Mia - Roy Phillipe
  • National Emblem – E.E. Bagley
  • Toccata for Band - Frank Erickson
  • Children’s March - Percy Grainger

Tickets: Adult, $10; seniors, $8, students, $5, and children five and under are free.  

 

First day of winter meet in decades at Batavia Downs draws record wagering

By Howard B. Owens

It was a good day for harness racing at Batavia Downs on Monday. It was cold.  But it was good.

Don Hoover, director of live racing, said that while patrons mostly huddled inside during the races, the turnout for the first night of winter racing at the Downs, in many decades, was strong.

"If you compare this to like Wednesday nights during the season, or regular racing, we have more people here than a typical Wednesday and people seem to be enjoying it," Hoover said.

And they were betting.

"We're only through eight races (at the time of the interview with The Batavian), but the handle looks good," Hoover said. "I'm being optimistic right now because we still have races to go, but our total handle today could surpass any day of last year. It's possible, but it'll definitely be in the top five."

Hoover's prediction proved correct. Total wagers on for the evening were $257,510. That total was over $20,000 higher than any race card of 2022 and the best overall handle at Batavia Downs since 2019 when betting topped $339,000 during the New York Sire Stakes Night of Champions.

The winter meet came about, he said, because the Western New York Harness Horseman's Association came to Batavia Downs and said the Buffalo Raceway said it wasn't going to hold winter meets any longer. 

"They had a raft of cancellations (due to weather) last year," Hoover said.

After some negotiations, Batavia Downs agreed to host two race events each week in January and February. Assuming drivers and trainers can get to the track on a winter's day, Hoover said he thinks Batavia Downs is well-positioned to host the planned events.

"We have a great track crew," Hoover said."We bought some new equipment. We have a different starting gate if needed. So we're hoping that the preventative measures we've taken will overcome the weather unless, you know, if we have blizzard conditions, nothing can overcome a blizzard."

While Batavia has a bit of an advantage over Buffalo in terms of storm impacts, being further from Lake Erie, many of the race participants have to travel from or through the area to get to Batavia.  That could have an impact on races.

"The first time we canceled in November, we were fine here, but the problem was there was a travel ban," Hoover said. "Many of the horsemen come from the Hamburg area, and there would have been no way for them to get here. Kevin Cummings, Jim Morrill, other drivers are coming from that area, so they couldn't get here. So even though we're not Buffalo, and we think the track will be in better shape, because we won't have as extreme weather, we also have to factor in, 'can the participants get here safely?'"

The 15-day session will run through Feb. 27 and operate on a Monday and Thursday schedule. Post time for each race day is set at 3 p.m. 

Hoover is optimistic this winter meet won't be a one-and-done experiment.

"We have to see how it goes and see if it's worthwhile doing it again," Hoover said. "I mean, we're committed for this year, and then we'll, at the end of February, we'll take a look at it and see how it worked out. But if you were going to ask me today how it's working out, I'd say it's working out great."

See also: Stalbaum steals the show in Batavia Downs winter opener

Photos by Howard Owens. 

Bad to the Bone, winner in the eighth.

Alexander Fire honors its own in return of annual banquet

By Howard B. Owens

Back in October, a woman was hit by a vehicle in Alexander, and the injuries were serious.

Two Alexander firefighters arrived quickly on scene, along with EMS Captain Ryan Hinz.

Hinz said he knew it was bad as soon as he arrived on the scene, but it turned out the firefighters, not necessarily trained as medics, were able to step in and assist. 

The firefighters were Paul Hirsch and Patrick Pietrzykowski.

"And I've got to give a ton of credit to these two guys because, by the time the engine got there, we had done everything we could to the point where, when the ambulance pulled up for Mercy (EMS), we put her in, and they were going," Hinz said. "These two guys gave her the best possible chance that they could have."

Hinz awarded Hirsch and Pietrzykowski certificates of appreciation for their efforts at Saturday's installation and awards banquet for the Alexander Volunteer Fire Department.

Other awards that night included firefighter of the year and the chief's award.  Tim Yaeger, Genesee County's emergency management coordinator, also administered the oath of office to the 2023 officers for Alexander.

The department also held a short service to honor firefighters who have departed. 

2023 Firematic Officers:

  • Paul Hirsch, chief
  • James Burkhardt, deputy chief
  • Dean Hendershott, 1st assistant
  • Sean McPhee, 2nd assistant
  • Thomas Green, 3rd assistant
  • Ryan Hinz, EMS captain
  • Jenn McPhee, EMS lieutenant
  • Anthony Johnson, truck captain
  • Nicholas Yackeren, truck lieutenant
  • Nathan Fix, training captain
  • Matthew Pietrzykowski, training lieutenant
  • Marshall Merle, safety officer
  • John Meier, parade chairman
  • Heidi Richmond, parade co-chairman

Service awards:

25-year members: Thomas Lowe and Tammy Kreutter

Social:

  • Brian Anderson - social - 50 years
  • James Bouton - social - 50 years
  • George Buckenmeyer - social - 70 years
  • David Feary Jr - active until 1991 - 40 years
  • Charles Hirsch - active until 1997 - 40 years
  • Arnold Kirch - active until 1991 - 60 years
  • Myron Kirch - active until 1991 - 60 years

Active:

  • Martin Hinz - active - 40 years
  • William Hirsch Sr. - active - 60 years
  • Ralph Robbins - active - 50 years

Ryan Hinz was named Firefighter of the Year

Anthony Johnston received the Chief's Award from retiring chief Marshall Merle for 2022.

The department did not hold an installation and awards dinner in 2022, so Nicholas Yackeren received a belated Chief's Award for 2021.

Accident reported at Oak and Richmond, Batavia

By Howard B. Owens

A car and tractor-trailer accident is reported at Oak and Richmond in the City of Batavia.

Unknown injuries.

City Fire and Mercy EMS dispatched.

UPDATE 10:11 p.m.: The truck driver has a hand injury. No other injuries.

Reader-submitted photo.

Batavia PD wins charity hockey game over City Fire

By Howard B. Owens

Batavia police officers and Batavia firefighters battled for supremacy on the ice on Sunday at the David M. McCarthy Memorial Ice Arena in a first-ever charity game between the two departments.

Batavia PD came out on top, 5-2.

Proceeds benefited the David M. McCarthy Memorial Foundation.

Photos by Philip Casper.

Man who raped minor in multiple jurisdictions accepts plea offer in Genesee County

By Howard B. Owens
Nicholas Turnquist
2020 File Photo

A 37-year-old man who once lived in Wyoming County and Erie County, and is already facing 13 years in federal prison on a sex crimes conviction, admitted on Friday in County Court to a rape at Darien Lake Theme Park in 2014.

Nicholas Brian Turnquist, who came into court in an orange Alleghany County Jail jumpsuit, accepted a plea offer that doesn't limit his potential prison sentence on the rape in the third-degree conviction but will allow him to serve the sentence at the same time he serves his sentence in federal prison.

A decade ago, Turnquist, who most recently lived in West Falls, reportedly engaged in sexual activity with a minor in multiple jurisdictions, including Genesee County, Wyoming County, Erie County, Pennsylvania and Canada.

He was indicted by a grand jury on counts of rape in the third degree, a Class E felony, and sexual abuse in the first degree, a Class D violent felony, in connection with a crime in Darien on Aug. 23, 2014.  He was arrested locally in 2020 following an investigation by Howard Carlson of the Genesee County Sheriff's Office.

He was also charged with predatory sexual assault of a child and second-degree rape in Wyoming County.  That case went to trial, but the charges were dismissed halfway through the trial based on conflicting statements made by the victim during her testimony.  The statements related to the timeline of events, which had bearing on her age -- and hence the nature of the criminal charges under New York's penal code -- at the time of the rapes.

The course of rapes involving a single victim started in 2012, when the victim was 14, according to prosecutors, and continue for at least two more years.

Turnquist was sentenced in federal court in November following his conviction for transportation and attempted transportation of a minor with the intent to engage in criminal sexual activity.  He will be on parole for 15 years following his federal prison term.

Man convicted of animal cruelty given six months in jail, five years probation, no animal contact order

By Howard B. Owens

Robert L. Williams, found guilty in a jury trial of animal cruelty, will spend six months in jail followed by five years on probation, and during that time, he is to have no contact whatsoever with any animal, Judge Melissa Lightcap Cianfrini ruled on Friday.

"You, sir, are in need of significant supervision," Cianfrini said. "I don't trust you around animals." 

She told him, "no dog sitting" and that he wasn't even to go over to a neighbor's house "to pet the dogs."

The evidence presented at trial, recounted during Friday's hearing, is that Williams was at another person's house, and there were two dogs in crates there, and Williams poured bleach into the eyes of the dogs. 

Both dogs required medical treatment, and both dogs fully recovered, though Assistant District Attorney Robert Zickl noted, "there's no vision test for a dog."

Williams was convicted under New York's Ags and Market Law, and while the counts are felonies, the maximum sentence on each count is two years.  The terms could have been served consecutively.

Cianfrini said she struggled with the decision because what Williams did was reprehensible.  However, in another pending case, where dogs were left in cages to potentially die -- and one of them had to be euthanized -- the defendants accepted plea offers that could mean they avoid any jail time.

The sentence Cianfrini handed down, she said, "significantly punishes you and ensures society that you're not going to be around animals and will not own animals and not have contact with animals for a long time."

The dogs belonged to the girlfriend of a person Williams was living with at the time of the incident.  Williams paid $158 in restitution for veterinary bills.

Cianfrini also ordered Williams to undergo a mental health evaluation and abide by any recommendations for treatment.

Any deviation by Williams from the term of his probation, Cianfrini said, would carry harsh consequences.

Zickl argued for the maximum jail term -- and even though animal cruelty is a felony and carries a maximum of more than a year, the sentence cannot be served in prison -- because of the depraved nature of the crime. 

"His conduct was absolutely pointless and cruel," Zickl said.

Zickl said there is an incident report filed by Le Roy PD prior to this incident that also contained an allegation that Williams poured bleach into a dog's eyes.  In that case, the owner declined prosecution once the dog quickly recovered.

The ADA said Williams should be removed from the community for as long as possible.

Fred Rarick, representing Williams, called the Le Roy report "hearsay" and encouraged Cianfrini not to consider it in her decision.

He provided Cianfrini with about a dozen letters from community members in support of Williams that described Williams as a good person who treated animals well (which led to Zickl, when he next got an opportunity to speak, to say that if the Le Roy report was hearsay, so were the letters).

Rarick said his client, "accepts the verdict of the jury though he respectfully disagrees with the verdict," and while not discounting the harm done to the dogs, they did recover. 

His client, he said, sought a probationary sentence because he loves his daughter dearly and wants to be able to care for her.

"Given the opportunity, he has shown he has the ability to comply with any court orders," Rarick said. "The record shows he will do so and that he is an asset to other people."

When Williams addressed the court, he "respectfully" requested to be placed on probation, noting that he had no other criminal history, no domestic violence charges, that he's abided by the terms of court orders during his divorce proceedings, and that he wants to be able to continue to work so he can take care of his daughter.

At the end of the hearing, Williams was handcuffed and taken to the Genesee County Jail to begin his six-month term.

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