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Photos by Kristin Smith.  For more, click here.

With construction season in full swing, progress on the Ellicott Station development is more visible.

Crews have begun framing apartments in the four-story complex that is part of the $25 million project. 

Besides the apartments, other buildings on the property -- a combination of the former Della Penna building and the Santy Tire location -- will include office space and a restaurant/brewery.

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.

Photo by Mike Pettinella.

One person was killed and another seriously injured when a motorcycle struck a deer at 8:16 p.m. Sunday on Cockram Road, Byron.

Daylin Fagundo-Rodriguez, 28, of Byron, was pronounced dead at the scene, and Leland L. Fuller IV, 30, of Byron, was transported to Strong Memorial Hospital with life-threatening injuries.

According to State Police, Fuller was driving a 1998 Harley Davidson eastbound on Cockram Road, with Fagundo-Rodriguez as a passenger, when a deer entered the roadway and was struck by the motorcycle. 

Both occupants were ejected.

The deer was also killed by the collision.

The New York State Police Collision Reconstruction Unit is investigating, and this is an ongoing investigation.

Photos by Alecia Kaus/Video News Service.

Photos by Kristin Smith. For more, click here.

Photos by Philip Casper

Local business owner Brandon Lewis was at a campaign rally today live streaming governor candidate Lee Zeldin's speech, when a man grabbed Zeldin and apparently attacked him during the event in Fairport.

In another post on social media, Lewis characterized the attack as an "assassination," but in an interview with The Batavian he said that post was kind of "heat of the moment."  He doesn't know for sure that the person intended to kill Zeldin.

Lewis, who owns The Firing Pin in Bergen, said that at one point, after the man was wrestled to the ground, somebody yelled "He has a knife. He has a knife."  But Lewis said he never saw a knife.

The man yelled at Zeldin before grabbing him, claiming "You're done, Lee. You're done, Lee."  Lewis said the man sounded drunk.

"It seemed when he grabbed him he wasn't letting go," Lewis said. "He wasn't going in for a hug, let's put it that way.  He didn't have good intentions."

Shortly after the attack, somebody asked for a first-aid kit, and Lewis went to his truck to retrieve his kit.  He shot the picture above when he returned a minute or so later, he said.  He said the first-aid kit was apparently to assist Alison Esposito, Zeldin's running mate, for her scraped knuckles from the incident.

Top Photo: By Brandon Lewis of a man on the ground after a man apparently grabbed Lee Zeldin during a campaign rally in Fairport.

A lithium battery is the likely cause of a small fire in a hotel room at the Red Roof Inn on Park Road in Batavia, according to a release from the Town of Batavia Fire Department.

The town was dispatched on an alarm of fire at 9:30 p.m., Wednesday, and hotel staff confirmed a short time later that there was a fire in a guest room.

The hotel was evacuated.

The fire, contained to a small corner of the room, was put out with an extinguisher and the structure was ventilated. Guests were allowed to return to their rooms a short time later.

A hotel guest sustained a minor burn on a foot and was transported by Mercy EMS to an area hospital for treatment.

According to the Department, the cause of the fire was a lithium-ion battery from a remote control car that overheated while being charged.

The Sheriff's Office assisted at the scene.

Yesterday's sunset in Stafford.

Photo by Chris Crocker

Don Hoover, who grew up in North Tonawanda, took an interest in harness racing while attending Schenectady Union College near Saratoga Springs.

Before long, he was a horse owner and saw some success after college, so he quit his job at a bank so that he could train and drive his own horses.  After a few years, he moved into management at harness tracks, then spent some time with his own horses again before being offered the job as live racing director and racing secretary in February at Batavia Downs.

Hoover said he's very pleased he received the job offer, and happy that he accepted it. Batavia Downs is a special place, he said.

"Since I left Saratoga, and before I came to Batavia, I had the opportunity to race at every single racetrack in New York State," Hoover said. "Quite honestly, Batavia has the best overall facility of any of the tracks in New York State. They've redone the clubhouse. The clubhouse is great. Some of the tracks don't even open their clubhouses any more. Actually, the majority of them don't, or their clubhouses are open on a very limited basis.

"The track surface here was always a place that I liked to come race. It's always in great shape. Just the overall ambiance of Batavia Downs from when you walk into the lobby downstairs, whether you're coming to play slots, or coming to get something to eat, or coming in to watch the races. I know it's cliche, 'the friendly track,' but it's actually true. You feel it right when you walk in."

A load that was so large, that when it came through the Village of Le Roy today Department of Transportation crews had to lift the traffic lights from the intersection of Lake Street and Main Street.

Photos by Mary Margaret Ripley.

Wayne Teaven grew up around harness racing.  His parents had a horse in the 1980s and they often went to Buffalo Raceway. Teaven was quite impressed as a lad by the race announcer there, Pete Szymanski.

"He used to have this way about him," Teaven told The Batavian. "He used to be very comical in his calls. He would add flavor, and he would add a little personality to it. I always thought that was great. I'm like, 'Man, this guy is really good. And I wouldn't mind being that someday.'"

It's that flair and flavor that the Lyndonville native says he tries to bring to his race calls, either at Batavia Raceway, where he has worked since 2016, or now at Batavia Downs as he takes over this season as the full-time race announcer.

UPDATE 1:11 p.m.: Our control of the page appears to be restored.  The feed of news headlines to the page should resume soon.

The Batavian's page on Facebook is not currently controlled by any person associated with The Batavian.  It was hijacked.

We have notified Facebook and are working with a local news association to try and regain control of the page.

We initially lost control of the page on Monday morning and regained control by the afternoon.  We lost control again on Tuesday morning and have been unable to regain control.

It's my fault, in a way.  I downloaded an app from the Apple Store called Pages Manager Suite from a developer called Meta Sun Company Limited. That app appears to be the most likely culprit in the hijack.  The hijackers appear to have used Facebook's programming interface to take over my business manager account, demoting me to "employee," removing all business information and access to my business pages, and installing themselves as "business admin(s)."  

The Apple Store is supposed to be a "walled garden" with security features to prevent malicious apps from appearing in the store.  This same app is in the store, I now see, multiple times from multiple "developers."  So beware if you have a Facebook business account and come across an app you think might help you manage your Facebook business pages.  Facebook (Meta, now, really, at a corporate level) does offer an app called Business Suite. Stick to that app no matter how much you may find it annoying.

A security advisor's biggest concern is that the hijackers wanted to use the page to buy Facebook ads using my credit card.  Fortunately, they were unable to remove my access to my ad manager account, and I've deactivated the account.

So far, there is nothing amiss with our page.  There is no evidence of it being used to install malware or post false information or spam.  The hijackers could potentially use messenger to fool people into downloading something malicious but I've received no complaints of any such attempt.

For the time being, we are unable to post news links to the page.

I'm told it may take weeks for Facebook to resolve the issue but that Facebook will likely eventually resolve it satisfactorily.  

Scott Francis McColl, 51, of Black Street Road, Pavilion, is charged with Felony DWI (alcohol or drugs), moving from lane unsafely, and operating an unregistered motorcycle. McColl was reportedly involved in a single-vehicle motorcycle accident at 8:56 p.m., July 14, on Summit Street Road Pavilion. McColl was arrested by Deputy Zachary Hoy following the accident and released on appearance tickets.

Ryan Austin Maxwell, 19, of Pratt Road, Batavia, is charged with harassment 2nd. Maxwell is accused of harassment 2nd at 1:11 p.m., July 18.  No details were released on his alleged actions. He was arrested by Deputy Carlos Ortiz Speed and issued an appearance ticket.

Erie County emergency crews are working a propane leak at 820 County Line Road, Alden, and Darien Fire has been requested to assist with an evacuation within a half-mile of that address.

Traffic is being shut down between 7 Day Road and Alley Road Road.

There are about 20 residential homes that will be asked to evacuate.

UPDATE 1:15 p.m.: Residents from 400 7 Day Road to the west will be asked to evacuate. Corfu Fire dispatched, mutual aid.

UPDATE 1:24 p.m.: State Police are assisting with the evacuation. 

UPDATE 2:12 p.m.: The valve has been shut off.  All residents can return.

A woman walked into the Perry Animal Hospital on June 21, crying and with her dog Oddey, according to veterinarian Dr. Laura Westfall.

The dog was showing signs of drug intoxication, Westfall said in a statement to police that helped lead to the arrest of Cassandra Elmore, 30, a resident of River Street, Batavia.

Elmore, according to Westfall, said that Oddey had gotten into a white powder that had fallen to the floor of her residence. 

"Our blood work ruled out any other cause, and the dog itself looked healthy," Westfall wrote in her statement, which is on file at Batavia City Court. Westfall did not state whether the bloodwork positively identified a narcotic in Oddey's system.

Westfall noted that she became aware that Oddey had been treated twice before for the same condition.

On May 15, Elmore took Oddey to Dr. Jacqueline Miller at the Greater Buffalo Veterinarian Emergency Clinic and again on May 25 to the same clinic where Oddey was treated by Dr. Tribetta Spires.

There is no statement from either doctor in Elmore's court file.

Oddey is believed to be a French Bulldog.

According to Assistant Chief Christopher Camp of Batavia Police Department, Elmore took Oddey to veterinarians after finding the dog unresponsive.

According to police reports, Elmore is accused of allowing Oddey to consume cocaine on two occasions and an unidentified narcotic on another occasion.

Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353, which states:

A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor.

Camp said no drug charges were filed against Elmore because there was no evidence at the time police interacted with her that she was in possession of a narcotic.

Oddey is currently at the Genesee County Animal Shelter and in good health.

Judge Melissa Cianfrini recommended to homicide suspect Prince N.K. Wilson in Genesee County Court today that he find a way to work with his assigned attorney, Public Defender Jerry Ader.

Wilson is apparently unhappy that Ader isn't giving the OK for Wilson to testify at an upcoming Grand Jury hearing on the double murder Wilson and Raul Cruz are accused of committing at an Alexander dairy farm on March 11.

He also apparently thinks his case is proceeding too slowly. He attempted to make a speedy trial motion "pro se" (representing himself), which Cianfrini declined to rule on today because Wilson did not provide any information to substantiate his claim.

Cianfrini patiently -- and in very clear, plain English (no lawyer language) -- explained to Wilson that only an attorney could request a defendant testify at his own Grand Jury hearing, and that in order for her to consider his motion, he needed to provide supporting documents. And, because of the way the motion was made, the prosecution was not aware of the motion until today and by law needed time to prepare a response.

She also told Prince that as part of his motion, he needs to inform the court what it is he would like the court to do if the judge ruled in his favor.

Prince indicated he didn't think he needs an attorney because the Genesee County Jail has a complete law library. 

Cianfrini told Prince he had two choices at this point -- work things out with Ader or hire his own attorney.

Asked if he thought he could work with Ader, Prince said, "I don't know. He doesn't want to see the reason behind my actions.  I'll ask him a question and he will start yelling at me."

Cianfrini said she thought now that she had explained the process to him, perhaps Wilson understood things better and that communications with Ader could improve. 

"I recommend you go back and work on your relationship with Mr. Ader," Cianfrini said.

Wilson, 23, and Cruz, 18, are accused of killing  Elibander Morales, 30, and Marceleno Gomez Hernandez, 29, in a bunkhouse at a dairy farm at 10216 Alexander Road, Alexander.

Johnny Gene Jenison, 51, of Federal Drive, Batavia, is charged with sexual abuse 1st and forcible touching. Jenison is accused of sexual offenses at the Fairbridge Inn on Federal Drive at 2 p.m., Aug. 10, 2021. He was arraigned in Town of Batavia Court on July 12 and ordered held on $5,000 bail. An order of protection was issued.

Benjamin Donald Seekins, 33, of 37 Woodrow Road, Batavia, is charged with DWI and speeding. Seekins was stopped at 1:45 a.m., July 12, on West Main Street Road, Batavia, by Deputy Morgan Ewert. He was released on appearance tickets.

Stacy Lynn Patterson, 35, of East Main Street, Le Roy, is charged with petit larceny. Patterson is accused of stealing groceries from Walmart in Batavia at 8:23 p.m., July 17.  She was issued an appearance ticket.

Andres Artega, 24, of Harvester Avenue, Batavia, is charged with felony DWI and aggravated unlicensed operation. Artega was stopped by Le Roy Patrol Officer Zachary Klafehn at 2:35 a.m., July 17, on Bank Street, Le Roy.  He was issued appearance tickets and released to a third party.

Casper Farm's shop is still in development but it is open for business, providing some locally grown products, including beef raised right on Patrick and Crystal Casper's farm at 6671 Main Road, Stafford.

The freezers at the store are generally well stocked with strip, ribeye, tomahawk, briskets, roasts, and other cuts of "all-natural" beef.

Casper Farm is a multi-generation operation.

Patrick and Crystal are selling the beef they raise, which is butchered at Burley Brothers in Attica.

The store also sells cheese from Craig's Creamy in Pavilion and local maple syrup.  The Caspers intend to add more locally sourced products.

Crystal also makes a line of seasonings.

Photo: Caitlin Mattis, Carolyn Stewart, and Jon Casper. (Patrick and Crystal were busy at the Oatka Festival when The Batavian stopped by the shop yesterday.)  Photo by Howard Owens.