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Press release:

Assemblyman Steve Hawley (R, C - Batavia) joined fellow legislators today in the presentation of new school safety proposals they hope to implement statewide. Following a statewide tour with input from several education professionals, mental health professionals, parents, law enforcement officials and the public, the Assembly Minority Task Force on School Safety & Security is offering changes to increase law enforcement’s presence in schools, better address mental health in schools and harden infrastructure at schools.

“We’ve seen too often, both in this state and nationwide, that our children are the primary victims of school attacks, yet we haven’t had a comprehensive response plan until now,” Hawley said. “My colleagues in the task force have done extensive research and collaborated with dozens of professionals across multiple disciplines to help find ways to fill in the cracks and look after our children better, and their proposals are all entrancing. I am fully committed to investigating and implementing these proposals to ensure our kids are safe as they do their work.”

Hawley himself is also pushing his legislation (A.2023), which will help recruit more retired experienced law enforcement officers to serve as school resource officers by increasing the outside income cap from $30,000 to $50,000. To combat the cost of employing these officers, a high percentage of it will be eligible for reimbursement by the state.

“New York’s children are amazing, achieving trailblazers. They deserve all the opportunities to succeed in a safe and protected environment. We can provide that to them here and now,” Hawley concluded. The Assemblyman’s further comments can be viewed here.

A house fire is reported at 3134 Lockport Road, Oakfield.

Smoke and flames showing.

Oakfield Fire with mutual aid from Elba Fire responding.

UPDATE 3:56 p.m.: Town of Batavia's Ladder 22 requested to the scene.

UPDATE 4:33 p.m. by  Joanne Beck: A quick response from Oakfield fire helped contain the small fire to the exterior of the house. The origin of the fire may have been a chimney. Response came from Oakfield and Elba fire departments. Both are clearing the scene, and Batavia ladder 22 was canceled before it arrived on scene.

Photo by Howard Owens.

Kyle J. Schroeder, 26, of Clinton Street Road, Batavia, was arrested on four bench warrants issued by Batavia City Court on March 22 by Officer Wesley Rissinger. The bench warrants stem from four separate incidents.  Schroeder is accused of entering a residence on April 23 on Liberty Street, Batavia, and stealing a pack of cigarettes. He was arrested on April 24 and issued an appearance ticket. Schroeder was arrested on April 29 and accused of driving while under the influence of drugs and of criminal possession of a controlled substance 7th. He was arraigned in City Court and released. Schroeder was arrested on Aug. 25 after patrols were dispatched to the rear of a business on East Main Street to check a report of a man "tweaking out."  After being identified, Schroeder was arrested on bench warrants for alleged failure to appear. He was also charged with criminal possession of a controlled substance 7th after allegedly being found in possession of crack pipes and baggies. He was arraigned in City Court and released. Schroeder was arrested on Oct. 20 on a charge of criminal mischief while at court on another matter. Schroeder allegedly kicked and damaged an electrical lock box on the exterior of a business on Jackson Street so he could charge a mobile phone.  He was arraigned and released under supervision. On Jan. 28, Schroeder was arrested on multiple warrants related to the previous arrests.  Following his arrest on March 22, Schroeder was arraigned in Centralized Arraignment Court. His release status is unknown.

Christine M. Caplis, 42, of Clinton Street Roa, Batavia, is accused of failure to appear and was arrested on a bench warrant on March 23 by Officer Sam Freeman. Caplis was arrested after Freeman spotted her walking on Summit Street in Batavia. She is accused of failure to pay for services at a local restaurant on Nov. 5., 2021. She was arrested on six subsequent bench warrants related to the original charge. Arrest dates: Dec. 28, 2021, June 26, 2022, Aug. 13, 2022, Sept. 18, 2022, Oct. 7, 2022, and Feb. 18, 2023. Following her arrest on March 23, Caplis was arraigned in Centralized Arraignment Court, and her release status is unknown.

Marquis K. Saddler, 32, of Post Avenue, Rochester, is charged with tampering with evidence, criminal possession of a controlled substance 3rd, criminal possession of a controlled substance 4th, failing to yield to an emergency vehicle and illegal turn signal. Saddler is accused of throwing a narcotic out of the driver's side window during a traffic stop on March 13 at an unspecified time on Naramore Drive. Saddler was arraigned in Centralized Arraignment Court and held in the Genesee County Jail.

Alexander C. Schwartz, 27, of Harwin Drive, Rochester, was arrested on a bench warrant for failing to appear and is charged with bail jumping 3rd. Officer Kevin Defelice arrest Schwartz on March 22. Schwartz was transported from the Niagara County Jail to Batavia City Court, where he was arraigned and remanded to the Genesee County Jail in lieu of bail.  Schwartz was first arrested on Nov. 13 and charged with aggravated unlicensed operation 1st and speeding.

Jamie L. Broadbent, 40, of W Main Street, Batavia, was arrested on a bench warrant. Broadbent is accused of failure to appear on a grand larceny 4th charge. She was arrested Sept. 10 for allegedly stealing an electric bicycle. She was issued an appearance ticket and is accused of failing to appear as ordered to answer to the charge. She was arrested on the warrant by Office Megan Crossett on March 21.

James A. Reinhardt, 54, of South Lake Road, Corfu, is charged with aggravated DWI, failure to keep right, moving from lane unsafely, and failing to use designated lane. Reinhardt was stopped at 2:22 a.m. on March 18 on West Main Street, Batavia, by Officer John Gombos. Reinhardt was issued an appearance ticket.

Joanne M. Robbins-Lockwood, 55, of Bank Street, Batavia, is charged with DWI and operating with no headlights. Robbins-Lockwood was stopped at 9:20 p.m. on March 17 on Ross Street, Batavia, by Officer John Gombos. She was issued an appearance ticket and released.

Johnney L. Shannon, 64, of Creek Road, Batavia, is charged with criminal possession of a controlled 7th. Shannon was stopped on Washington Avenue on March 19 by Officer John Gombos. Gombos requested the assistance of Officer Stephen Quider and K-9 Batu. Shannon was allegedly found in possession of several bags of narcotics inside the vehicle. Also arrested and charged with criminal possession of a controlled 7th was Loretta L. Baer, 51, of Wood Street, Batavia. Both were released on appearance tickets.

Haley M. Larnder, 23, of River Street, Batavia, is charged with criminal possession of a controlled 7th. While arresting Larnder on a bench warrant, Officer Wesley Rissinger allegedly found Larnder in possession of a narcotic. Larnder was issued an appearance ticket and turned over to the Sheriff's Office on the warrant.

Michael S. Veihdeffer, 50, of South Royal Parkway, Lockport, is charged with DWI and equipment violations. Veihdeffer was stopped at 1:45 a.m. on March 19 on West Main Street Road by Officer Joseph Weglarski. He was issued an appearance ticket and released to a third party.

Curtis Middlebrooks, Jr., 33, of Bloomingdale Road, Alabama, is charged with harassment 2nd. Middlebrooks was arrested by Deputy Jonathan Dimming in connection with an incident reported at 6:55 p.m., March 18, on Bloomingdale Road, Alabama. No information was released on the nature of the incident. He was arraigned in Centralized Arraignment Court and released on his own recognizance.

Brian Carl Valyear, 18, of Alexander Road, Alexander, is charged with DWI and driving with a BAC of .08 or greater. Valyear was arrested at 12:27 a.m., March 18, on Alexander Road, by Deputy Trevor Sherwood after Sherwood was dispatched to investigate a report of a vehicle blocking the roadway.  Valyear was released on an appearance ticket.

Jason Howard Freeman, 41, of South Spruce Street, Batavia, is charged with criminal possession of a controlled substance 7th. Freeman is accused of possessing narcotics when he was taken into custody on an unrelated charge on Nov. 2 on West Main Street, Batavia. He was issued an appearance ticket.

Weldon Jarreau Ervin, 31, is charged with assault 34d and unauthorized use of a motor vehicle. Ervin is accused of recklessly causing an injury to another person during a disturbance reported at 8:30 a.m., March 26, at a location on Alleghany Road, Pembroke. He also allegedly took the vehicle of another person without permission.  He was ordered to appear at a later date in Town of Pembroke Court.

Jason S. Hall, 33, of Medina, and Terry L. Depoty, 34, of Albion, are both charged with grand larceny 4th and criminal possession of stolen property 4th.  Hall and Depoty were arrested by State Police in connection with an incident reported in the Town of Batavia at 11:20 a.m., March 29.  Hall was released on an appearance ticket and Depoty was ordered held in jail. The State Police did not release more information on the arrests.

Michael J. Mess, 30, of Alexander, is charged with grand larceny 3rd and insurance fraud. Mess was arrested by State Police in connection with an incident reported at 9:30 a.m. on March 15. He was released on his own recognizance. The State Police did not release any further information.

A 30-year-old Batavia woman agreed to a plea deal this week stemming from welfare fraud-related chages.

Chandah Sundown entered a guilty plea in Batavia Town Court to one count of disorderly conduct.

The plea satisfies her arrest previously on charges of filing a false instrument in the first degree, 11 counts, and one count of grand larceny in the third degree

She was arrested for failing to report that the father of her children was also residing in their home and earning an income. 

Sundown was given a one-year conditional discharge and has made full restitution of $8,353.

The Genesee County Department of Social Services asks that anyone suspecting welfare fraud can report it by calling (585) 344-2580, ext. 6417 or 6547.  All calls are confidential.

Amelia McCulley's dominance on the basketball court is certainly part of the reason she will enter William Smith this fall, but it is her academics that won her scholarships to the liberal arts school in Geneva.

McCulley signed a letter of intent on Wednesday to play basketball for the Herons.

In her senior season at Notre Dame, McCulley led Section V Girls Basketball with 88 three-point shots, which is the second most all-time in the section.  She was fourth in points per game with 24.4 and fifth in steals with 104.

In her career at Notre Dame, McCulley scored 1,449 points, which is the second-highest total in school history in Girls Basketball.

Photo: McCulley after signing the letter with her mother, Amanda, and her father, Tom McCulley (also Notre Dame's head basketball coach for the girl's team). Back row, Athletic Director Mike Rapone, brother Matthew McCulley, and John McCulley, her uncle and AAU coach.  Photo by Howard Owens.

Beth Ann Jeffers is indicted on two counts of promoting prison contraband in the first degree, a Class D felony, two counts of criminal possession of a controlled substance in the third degree, a Class B felony, one count of criminal possession of a controlled substance in the 4th degree, a Class C felony, and one count of criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor. Jeffers is accused of introducing or being in possession of dangerous contraband while in a criminal detention facility, namely the Genesee County Jail at 14 West Main St., Batavia. She is accused of being in possession of cocaine, Fentanyl, both with the intent to sell it. She is also accused of being in possession of Pregabalin.

Some business owners would look at the destruction of a fire ripping through their store and be ready to throw in the towel, but not Brandon Lewis.

Three days after flames erupted in his building, the owner of The Firing Pin on Buffalo Road in Bergen is already looking forward.  He's going to rebuild.

When a reporter quipped, "you can build back better," Brandon said, "absolutely."

He was pretty young when he opened The Firing Pin in 2013, and though he had worked in the industry, this was the first firing range and gun shop he owned.  Now he's got some experience as he contemplates a fresh start.

"Not that I have all the answers, but I've got at least 10 years' worth of more answers," Lewis said.

The fire was spotted just before 5 p.m. on Friday. A customer noticed some smoke coming from a backstop in the firing range and alerted an employee.  Some employees tried attacking the hot spot with fire extinguishers but quickly realized the effort was futile, so they dialed 9-1-1 and evacuated the building.

Everybody got out of the firing range and retail shop safely.

Once the rubber in the range got going, Lewis said, it was an extremely difficult fire to put out.  Firefighters battled until about 9 p.m.

"I can't thank the Bergen volunteers enough," Lewis said. "I mean, they're incredible. They came, and that's the only reason there's anything here to look at now."

The walls are still standing, but Lewis said professionals will need to evaluate how much of the building, which contains a lot of wood construction, can be saved.

"The important thing is the concrete looks salvageable," Lewis said. "The electrical infrastructure, the plumbing, the septic system, all that is some of the most expensive parts of the building, and that all looks saveable."

The fire got into the rafters and spread across the building, so the store sustained a good deal of smoke and water damage.

All of the firearms in the store were safely retrieved.

"They're at a secure off-site storage location right now under armed guard," Lewis said. "A lot of the ammunition was saved. Luckily, the fire didn't get anywhere close to where the ammunition was stored."

The business is open on a limited basis, Lewis said, particularly for customers who purchased firearms and were waiting on registration with the Clerk's Office before picking them up.

Lewis already has a tentative meeting set up with the town's planning board.  He's also working on trucking a portable firing range up from North Carolina so he can provide range service for his customers during the rebuild.  He had been planning an expansion anyway, acquiring a couple of neighboring acres and including a possible indoor/outdoor firing range.  He said he will talk about sound and safety issues with the town with a possible outdoor firing range in place during the rebuild.

There's also the annual freedom festival in June. That, he said, will go on as planned even if it means setting up 20 tents.

The planned After Hours event with the Chamber of Commerce, scheduled for April, may need to be rescheduled, he said.

While Lewis expects insurance to cover all of the property losses, that doesn't replace any lost business in the coming months.  He said he isn't worried about it.

"We're gonna be okay," Lewis said. "I just have so much faith in this community and not just Genesee County, but like the gun community and not just the community in general, but all of Western New York. We've got an amazing customer base behind us. And I know they'll be there to support us."

He said members who stay current on their dues or sign up for new memberships will get their names memorialized in some way, such as a plaque, in the rebuilt business.

Information about membership can be found at nytfp.com.

The mother of one of his employees set up a GoFundMe page to help assist, and Lewis said he's grateful for the support.

"I'm too modest, I guess. I don't feel right setting that up myself, but someone else felt like it was necessary, and I'm forever grateful to them," Lewis said. "But I'm putting it out there now, so you know, for anybody who donates, we're gonna donate half of that money, whatever is raised, to the Bergen Fire Department because, like I said, we'd be looking at just a pile of rubble completely if it wasn't for them and all those volunteers. It was amazing. I always knew I had a lot of customers that were firemen, but I saw it on Friday. I saw how many of my customers showed up in turn-out gear to save this place. It was touching."

Photos by Howard Owens.

The annual Celebrate Agriculture Dinner -- this year, as in the past, held at the Alexander Fire Hall -- is as much a chance for farmers and community leaders to mingle and enjoy a good meal as it is the time to honor the Soil and Water Conservation District's conservation farm of the year.

This year, the award went to Naas Farms, a 700-acre grain and vegetable farm owned and operated by Bruce and Jessica Naas in Oakfield.

"We are really honored here in Genesee County to have such a diverse, vital, robust agricultural economy in our county, and to be able to honor one of our own this evening is always just a wonderful honor for the Legislature," said Shelley Stein, co-owner of Stein Farms in Le Roy and chair of the Genesee County Legislature while presenting Bruce and Jessica Naas with a proclamation passed by the Legislature recognizing the farm's conservation efforts.

From a previous press release announcing the award:

The farm has adopted many best management practices over the years to improve its land and the environment. The farm grows crops with limited tillage or no-till equipment. Cover crops are planted after the harvest of the commodity crop to improve soil health and reduce soil erosion. The farm sells cover crop seed and occasionally lends equipment to their neighbors to promote soil health beyond their acreage. The farm recently constructed an agri-chemical storage and mixing facility to reduce the environmental risk of storing and mixing fertilizers and herbicides. The farm has also created a pollinator habitat to promote the populations of our native bees and insects.

Top photo: County Legislator and farmer Christian Yunker, Soil and Water Director Jared Elliott, Jessica Naas, Bruce, Naas, Assemblyman Steve Hawley, U.S. Rep. Claudia Tenney, County Legislator Chair and farmer Shelley Stein, and State Sen. George Borello.

Photos by Howard Owens

Rep. Claudia Tenney (on right in photo above), whose NY-24 District has included Genesee County since January, took the opportunity of the ag dinner to make her first public appearance locally.

She encouraged everybody to attend a roundtable discussion at 10 a.m. on April 4 in the Old Courthouse in Batavia do discuss the upcoming renewal of the Farm Bill.

"This is the number one agricultural district in New York and the entire Northeast," Tenney said. "It's also the number one dairy district, so that's also important as well. I just wanted to encourage you all to attend on April 4. We're going to be hosting our first forum on the new farm bill that's coming up for a vote this year. We'd love to have your participation. We're going to be doing them throughout the district. So as many people as we can get there that would be great."

It's important for the district's voices to be heard on the new Farm Bill because, she indicated, people tend to forget how important agriculture is to New York.

"We have a lot of really important initiatives coming up this year," Tenney said. "I'm hoping that we can get some things that we need in the Farm Bill. They tend to forget us tend to focus more on the ethanol producers out in Iowa and some of the cotton producers."

Tenney encouraged people to visit her website and sign up for her newsletter, tenney.house.gov

"We have a newsletter that comes out every Friday, and I explain every vote that I take in the house in detail," Tenney said. "I don't just put how I voted. I tell you why. It's my attempt to try to make us understand what's going on in Washington to decode it to ensure that we're self-governing."

State Sen. George Borrello also presented a proclamation to Bruce and Jessica Naas. 

"As the ranking member of the Senate Agriculture Committee, and also a small business person myself, there are no greater, more resilient people than farmers, and to recognize someone who has risen to the top, there isn't a greater achievement," Borrello said. 

Borrello promised to keep fighting for farmers.

"You know, the biggest threat to agriculture in New York State? It's not climate change," Borrello said. "It's not even the price of commodities or even the labor. The biggest threat to New York State agriculture is bad policy out of Albany. That's the biggest threat to agriculture. And we are going to continue to push back at the people in New York City who don't know where their food comes from, who are trying to tell us how we should feed them. And that's gonna become a bigger problem for them as we move forward. We're making progress. And I promise you, your state will continue to be one of the best states, if not the best state, to farm in as we continue to make progress."

Assemblyman Steve Hawley also congratulated the owners of Naas Farms as well as talk about his efforts to hold back what he called "the electrification of New York."

"We're fighting very, very hard against the electrification plan out of touch folks from New York City," Hawley said.

He praised both Tenney and Borrello for their efforts to represent the new parts -- including Genesee County -- of their redrawn districts and said he admires them both.

Under the leadership of Chef Tracy Burgio, left, culinary students with BOCES prepared the buffet dinner using many locally sourced ingredients. 

Dave's Ice Cream in Batavia donated 400 dishes of ice cream.

At 10 years old in June 1963, Fernando Curcione was walking down a street in his Toronto neighborhood when he saw two girls dancing to a Beach Boys record on a veranda. They invited him to come on up and listen to the music.

That's the first time Curcione heard the Beach Boys, and 60 years later, he still loves their music for all the same reasons -- the harmonies and the happiness.

Curcione will bring his "Endless Summer" enthusiasm for the Beach Boys to Batavia Downs on Saturday night with the tribute band Beach Party Boys.

"It was just feel-good, uptempo music," Curcione said to The Batavian. "Years later, when I thought about everything in retrospect, of all the music that came out in the 60s, the Beach Boys, out of everything that happened -- the psychedelic era, and Motown, and R&B, in the British Invasion, everything that happened in the 60s -- it seemed to me that the Beach Boys had a wholesome kind of sound that rang with me. It just was fun music. It appeals to audiences, family audiences, and that's basically where I wanted to go, and the guys that are part of the show are the same type of chemistry."

The Beach Boys came out of the surf music scene in Southern California, adding vocal harmonies to what had been purely instrumental music -- first crafted by Dick Dale and quickly followed by bands like The Safaries, The Bel-Airs, and The Chantays -- and helped revolutionize rock and roll.  Before the Beach Boys, surf music had largely been a regional phenomenon.  But as Curcione's experience shows, the appeal of the Beach Boys (and all surf music after them) exploded beyond the California coastline and endures well into the 21st Century.

Who hasn't heard, even among the young, songs such as "Let's Go Surfin'," "California Girls," "I Get Around," "Surfin' USA," "Fun, Fun, Fun," "Help Me, Rhonda," and, of course, "Good Vibrations," Brian's Wilson's three-minute, 35-second pop song symphony.

Beach Party Boys formed in 2010 and is comprised of four guys who worked in previous Beach Boys tribute bands -- Kokomo and Endless Summer -- and a drummer who worked the long-running Collingwood Elvis Festival, which was a celebration of Elvis Presley tribute acts.

The band's lineup is Curcione on rhythm guitar and the Mike Love vocal parts, Guy Schryer on keyboards and the Brian Wilson vocal parts, Marco Spadafora drums, Andrew Canning, bass, and Jeff Scott, lead guitar.

Not too many bands last 13 years, Curcione noted.

On Saturday, Curcione said Beach Boys fans can hear all of the classics, including the band's last #1 hit, "Kokomo" (1988). Beach Party Boys even tackle some of the trickier tracks laid down by the Beach Boys when Brian Wilson became experimental in the studio after he stopped touring with the band -- starting with "Pet Sounds" -- and setting the bar higher for The Beatles to produce ever more complex and intriguing pop songs.

"It's absolutely impossible to do what they did in the studio," Curcione said. "For example, the biggest challenge is 'Good Vibrations.' It was recorded in three different studios with three different sections of the song. So when we're playing it as a five-piece band, we are taking liberties to use the instruments that we have in relation to the notes that were created by other instruments. For example, at the end of 'Good Vibrations,' you will hear a cello doing this staccato kind of thing. What I do is I turn up my Stratocaster, and I'll do exactly the same notes in the bass section of the guitar to try to emulate that sound. In terms of the harmonies, there's nothing missing from the four-part and five-part harmonies. They are completely covered. So whatever you hear on those records in the studio, we are able to reproduce it live."

As for the Theremin used in "Good Vibrations,"? Well, now bands such as Beach Party Boys have synthesizers (barely even a thing in 1966), and Curcione said it reproduces that wavy, psychedelic sound that is so recognizable in "Good Vibrations" just fine.

"Pet Sounds" -- generally considered by critics as one of the greatest LPs ever recorded -- is well represented in the Beach Party Boys set, Curcione said. They perform "Sloop John B," "Wouldn't It Be Nice," and, of course, "God Only Knows."

"I can put the 'Pet Sounds' CD on in my car, and I never get tired of it," Curcione said. "I mean, 'God Only Knows' is Paul McCartney's favorite song of all time, so that's a testament right there. I mean, Paul is an absolute genius with some of the melodies that he has come up with."

The set isn't limited to the Beach Boys catalog. They also perform other classics of the period and genre, such as Jan and Dean's "Surf City" and "GTO" by Ronnie and the Daytonas.

While the Beach Boys had a big impact on Curcione's musical life and career, his musical interests go well beyond just one band. He was a DJ for 30 years. He's an agent for Booking House, a company that specializes in booking tribute bands, including Beach Party Boys. In 2008, he released a CD of original music. He has played in and plays in other tribute bands, such as ones for the Four Seasons and, most recently, Elvis Presley. 

"We have a tribute to Elvis because of the movie that just came out," Curcione said. "There's been a resurgence of an appeal for Elvis Presley, and it seems that because Austin Butler is 23 years old. He's attracted fans that are as young as 16, 17 years old. That whole world has opened up. It's not just the baby boomers that are going to Elvis shows now."

With all this experience booking and playing in tribute bands, you might expect Curcione to have some idea why tribute bands have exploded in popularity in recent years.  And he does.

First, there are certain bands you can't see any more because key members (or all the members) are dead.  It's impossible to see The Beatles or the BeeGees, for example.

Also, he said, ticket prices are through the roof.

"With some of the international acts like Bruce Springsteen, I couldn't believe that I saw ticket prices up to $1,000. I said, 'What the heck is going on?' Curcione said. "When I was a kid, we'd buy a concert ticket for $3.50 or, at the most, 10 bucks, but it's gone insane. So, if you're a fan of, for example, the Eagles, and you can't afford $300 for a seat, you can go see Hotel California for 40 bucks. I think that's among what appeals to fans."

Show time on Saturday is 7:30 p.m. Tickets are $15, and VIP seats (the first two rows) are $25.  Tickets include $10 in free play in the casino. Doors open at 6:30 p.m. Tickets for this show, as well as others, are always available at www.bataviaconcerts.com or at the Lucky Treasures Gift Shop in the Batavia Down's lobby.

Video: Promotional video by Booking House Inc.

A transformer has blown on Cockram Road, causing a small fire in the woods.

Route 237 is being closed to traffic.

The call started with a report of a tree down leaning against wires.  Shortly after a chief arrived on scene, the transformer blew.

Since, additional wires have come down.

A crew is needed to cut down the tree, and National Grid is being notified.

UPDATE 12:42 p.m.: If there is a power outage in the area as a result of this transformer going out, the information is not yet available.  There is a power outage from this morning in the area, along Byron Road, on each side of Cockram Road, affecting about 19 customers.

It's good news, Bergen Fire Chief Kevin Bruton said this evening after a structure fire at The Firing Pin, 8240 Buffalo Road, that the building was still in tact.

It's even better news that nobody was hurt.

It's not easy heading to a fire, listening to dispatchers report flames showing, for a popular business such as The Firing Pin, which stocks live ammunition.

"It's very difficult to listen to something like that," Bruton said. "People are the biggest priorities, but now they're surrounded by dangerous things that under heat and fire aren't really good to be around."

When Bruton arrived on scene, he learned all occupants exited the building safely.

He could see heavy smoke in the sky as he left the Village of Bergen and immediately requested a second alarm, he said.

The fire seems to have started near the back of the building, in the firing range, Bruton said. The cause is still under investigation.

There was heavy smoke damage throughout the building, including the front retail store.

"Luckily, the fire didn't get down to the walls and take up that whole building," Bruton said. "There is still a lot of smoke damage and I honestly don't know what the inside condition is of that building, so I can't really comment on that."

"Right now, we've got a good portion of it still standing so it's pretty awesome," Bruton said. "Right now everything's under investigation as to what happened, but everybody's safe, and, you know, it's gonna be a long night."

Among the responding departments were Stafford, Town of Batavia, Churchville, and Brockport.

Photos and interview by Alecia Kaus/Video News Service.

A one-vehicle accident is reported in the area of 6817 Lewiston Road, Oakfield.

A car went off the road, and the caller reports the car is off in a field "quite a ways."

Unknown injuries.

Oakfield Fire and Mercy EMS dispatched.

UPDATE 11:44 p.m.: A first responder reports heavy damage.

UPDATE 11:46 p.m.: "Everybody's out of the vehicle," a first responder reports.

UPDATE 11:54 p.m.: No need for Mercy Flight. Two more basic life support ambulances requested to the scene.

UPDATE 12:15 a.m.: Three patients transported to ECMC.

It was Drive Your Tractor to School Day on Friday at Elba High School.

In the top photo, Superintendent Gretchen Rosalas joins Ty Reilly in his John Deere.  In the second photo, High School Principal Morgan Marcello in a student's Case tractor.

Photos by Debra Reilly.

A U.S. District Judge this week confirmed a prior recommendation by a federal magistrate to dismiss an alleged conspiracy lawsuit against Medal of Honor recipient David Bellavia by his former wife, Deanna King.

Bellavia is a former Batavia resident, and King, a media personality and broadcaster in Rochester, currently resides in Batavia.

The suit stemmed from King's arrest on Jan. 27, 2021, in Orleans County, by a District Attorney investigator, Corey Black, on a harassment charge.  In the lawsuit drafted by King's attorney, Nate McMurray, King alleged Black and Bellavia engaged in a conspiracy to have her arrested without probable cause as part of an effort to intimidate her during divorce proceedings.

District Judge John L. Sinatra, in affirming the recommendation of Magistrate Judge Jeremiah J. McCarthy, said that a complaint and an amended complaint filed by McMurray failed to prove a conspiracy.

"Moreover, the alleged conspiracy (in both versions of the complaint) lacks the requisite plausibility to survive a Rule 12(b)(6) motion, namely, in its reliance on factually-bare speculation about a supposed improper agreement based solely on a pre-existing relationship between Defendant Black and David Bellavia," Sinatra wrote in his ruling.

In the complaint written by McMurray, King alleges that Black and Bellavia are lifelong friends and share a political affiliation but does not offer any evidence that the two men concocted a scheme to have King arrested.

McMurray argued that Black falsely portrayed himself as a law enforcement officer and arrested King without probable cause.

In his motions objecting to McCarthy's dismissal recommendation, he provided the accusatory document filed in conjunction with King's arrest.  He argued under the language of the harassment statute, part of the definition of harassment is communication for "no legitimate purpose."   McMurray said King contacted Bellavia about obtaining a health insurance card for one of their children.

Concern for the health of their children during the pandemic, McMurray argued, was a legitimate reason for King to contact Bellavia.

The accusatory, apparently written by Black, states that King has been previously instructed not to contact Bellavia by telephone and that King used the phone of her son to call Bellavia "for the sole purpose of harassing and annoying him.  That said defendant stating (sic) her displeasure for (sic) an insurance card issue and stating (sic), 'I don't care where you are or if you're with your girlfriend.' All contrary to the provisions of the statute."

Except for any potential appeals, Sinatra's ruling removes Bellavia from the case. He is no longer a defendant in the suit. The other defendants in the case, alleged to have violated King's civil rights, are Orleans County, the Orleans County Sheriff's Office, the Orleans District Attorney's Office, Corey Black, and Deputy John Doe.

None of the other defendants have so far filed any motions in the case.

McMurray, an Erie County resident, campaigned unsuccessfully three times for a congressional seat that contained Genesee County.

A 21-year-old Batavia man accused of possessing a loaded firearm on school grounds turned over a short video -- under court order -- to the District Attorney on Wednesday that his attorney says will exonerate him.

The attorney, Zack Baisley, with an office in Gates, said his client authorized him to share information about the case with The Batavian after The Batavian reported his Grand Jury indictment on Thursday.

"My client is tired of seeing his name dragged through the mud for something he didn't do," Baisley said.

Delonta Rashid Sharif Curry was arrested in relation to an incident reported on Feb. 22, 2022, at 31 Washington Ave., Batavia, the location of St. Paul Lutheran School.  

Baisley was assigned to the case through the county's assigned counsel program (used when a public defender isn't available) to represent Curry.

Chief Shawn Heubusch declined to comment on the case given the ongoing nature of the investigation and pending criminal prosecution, and so far, Bataiva police have released little information about the case, so this narrative of events is based on information provided by Baisley without verification by Batavia PD.

At 8:30 p.m., according to Baisley, two girls went to the school grounds to fight, and there was a group of people there observing.  Two people, including his client, used their phones to video record the fight.

During the fight, somebody fired a weapon toward a group of people.  A person in that group, wearing a mask, returned fire.

No injuries were reported as a result of the incident.

Batavia PD investigators arrested Curry in October, and a grand jury indicted him this month on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. 

Baisley said his client had offered a snippet of the video he claims to have recorded during the incident, but police asked for the entire one-minute and 36-second video.  Curry declined to share the entire clip. In response to a subpoena, Curry and Baisley provided the entire video to the District Attorney.  Baisley believes Investigator Jason Ivison has since received the video and is reviewing it for evidence.

The video will show, Baisley said, along with a corroborating surveillance video from the school, that Curry was clearly not the person in the crowd with a gun.  He said Curry's voice can be heard on the video, and another person can be seen talking with him.  The surveillance, which was taken some distance from the incident, shows two people with phones making videos, and neither is the shooter. 

"I believe, ultimately, the DA will wind up dropping the case against my client," Baisley said.

Also arrested in connection with the incident was Lorenzo J. Baker, 19, of Batavia. Baker is facing a Grand Jury indictment on counts of attempted first-degree assault, three counts of second-degree criminal possession of a weapon and first-degree reckless endangerment.

He was arrested in April following a traffic stop that was followed by an Emergency Response Team raid of his residence at 36 Dellinger Ave. Officers reportedly found a loaded .32 caliber revolver in his possession.

A 44-year-old man was killed in Alabama on Wednesday night after he was struck by a vehicle while in the roadway on Route 63, according to a Sheriff's Office news release.

The victim is identified as Richard Alan Jones, area of residence not disclosed. 

Jones, who was apparently crossing the roadway at 8:19 p.m., was struck by a vehicle driven by 67-year-old Vidal Chavez of North Main Street, Elba.  Chavez was westbound on Route 63.

A Genesee County Coroner pronounced Jones dead at the scene.

The Sheriff's Office Crash Management Team is investigating the accident and the investigation is still open.

Assisting at the scene were the Alabama Volunteer Fire Department, Mercy EMS, and State Police.

Previously: Accident reported on Route 77 at Judge Road in Alabama

A two-car accident is reported at North Street and Bank Street, Batavia.

A police officer, first on scene, reports all occupants out of the vehicles and walking.

City Fire and Mercy EMS dispatched.

UPDATE 2:38 p.m.: No injuries.

Jessica L. Holtz, 39, of Austin Street, Rochester, was arrested on two bench warrants out of City Court. The first bench warrant stems from a petit larceny charge at Kwik Fill, 99 Jackson St., on Nov. 18, 2021. She was issued an appearance ticket at the time of her arrest on Nov. 27, 2021. She was subsequently arrested for alleged failure to appear on Feb. 2, 2022. She was arraigned in City Court and released. She was subsequently arrested on May 1 for alleged failure to appear. She was arrested again on Jan. 29 for alleged failure to appear and arraigned in Centralized Arraignment Court, release status unknown.   The second warrant stems from a petit larceny from a church on South Swan Street on Nov. 27, 2021. She was arrested on a warrant on Feb. 2, 2022, arraigned in City Court and released. She was arrested on May 1 and on Jan. 29 for alleged failure to appear on that charge. She was again arrested on March 11 on both warrants. She was arraigned in Centralized Arraignment Court. Her release status is unknown.

Alexandro Rodriguez, 26,  of East Main Street, Batavia, is charged with criminal contempt 1st. Rodriguez allegedly violated an order of protection during a disturbance at a location on East Main Street on March 9 at an undisclosed time. He was arraigned in City Court on his own recognizance.

James N. Laurich, 37, of Buffalo Road, East Aurora, is charged with DWI, aggravated unlicensed operation 3rd, unlicensed driver, and open alcohol container in a motor vehicle. Laurich was arrested by Officer John Gombos on March 11 following an investigation into a disturbance at an undisclosed location and an undisclosed time. Laurich was stopped on Washington Avenue. He allegedly failed a field sobriety test. He was processed at Batavia PD and issued traffic tickets.

Carolyn L. Kurek, 80, of State Street, Batavia, is charged with harassment 2nd. Kurek is accused of shoving another person during a disturbance on State Street at an undisclosed time on March 10. She was issued an appearance ticket.

Shawn Lewis Anderson, 42, of Linwood Road, Le Roy, is charged with DWI, unregistered motor vehicle, unlicensed operation, uninspected motor vehicle, and moving from lane unsafely.  Anderson was arrested following an investigation by Deputy Travis Demuth into a single-vehicle rollover accident on Linwood Road at 1:51 p.m. on March 14. Anderson was issued traffic tickets.

Steven Andrew Wasielewski, 39, of Phelps Road, Pembroke, is charged with criminal contempt 1st and assault 3rd. Wasielewski is accused of violating an order of protection and hitting another person, causing an injury at 10:07 p.m. on March 19 at a location on Phelps Road in Pembroke. His release status was not provided.

Mark Samuel Robbins, 41, of South Lake Avenue, Bergen, is charged with two counts of harassment 2nd.  Robbins is accused of shoving one person and striking another during a disturbance reported at 9:44 p.m. on March 16 at a location on South Lake Avenue, Bergen.  Robbins was issued an appearance ticket.

Delonta R. Curry is indicted on counts of criminal possession of a weapon in the second degree, a Class C violent felony, and criminal possession of a weapon on school grounds, a Class E felony. Curry is accused of possessing a weapon on school grounds in the City of Batavia on Feb. 22 with the intent to use the weapon against another person.

James J. Santiago Jr., is indicted on one count of failure to register a change of address as a sex offender, a Class E felony. Santiago is accused of failure to notify the NYS Division of Criminal Justice of a change of address within the required 10 days for a registered sex offender in July.

Isaac C. King is indicted on counts of criminal contempt in the first degree, a Class E felony and aggravated family offense, a Class E felony. King is accused of making repeated phone calls to a victim in violation of a court order in December in the Town of Pembroke.

Jarrod K. Fotathis is indicted on counts of grand larceny in the fourth degree, a Class E felony, conspiracy in the fifth degree, a Class A misdemeanor, criminal possession of stolen property in the fourth degree, a Class E felony, petit larceny, a Class A misdemeanor, and unlawful possession of personal identification in the third degree., a Class A misdemeanor. Fotathis is accused of stealing a credit card in the City of Batavia on Sept. 2. He is also accused of stealing cash from the same victim. In a second indictment, Fotathis is indicted on counts of identity theft in the second degree, a Class E felony and petit larceny, a Class A misdemeanor. Sometime on Feb. 3 or Feb. 4, Fotathis allegedly used a person's identity of a second victim to make purchases of $670.77 using that person's debit card. He also allegedly stole an Amazon Fire Stick. 

Jeffrey A. Hewitt is indicted on counts of criminal possession of a weapon in the third degree, a Class D felony, aggravated unlicensed operation in the first degree, a Class E felony, criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and driving while ability impaired by drugs. On Sept. 25, Hewitt was allegedly found in possession of a metal knuckle knife. On that date, he was allegedly driving a 2009 Infinity while his driving privileges were suspended or revoked. He was allegedly found in possession of cocaine. 

Rufus G. Johnson is indicted on a count of burglary in the third degree, a Class D felony, and two counts of petit larceny, a Class A misdemeanor. Johnson is accused of entering Walmart at 4133 Veterans Memorial Drive on Oct. 8 with the intent to commit a crime inside the building. He is accused of stealing property while inside the store.

Johnnie M. Waston is indicted on a count of criminal mischief in the third degree, a Class E felony. Waston is accused of damaging the windshield of a 2017 Nissan Murano belonging to another person on July 21.

Jason S. Neth is indicted on counts of unlawful imprisonment in the first degree, a Class E felony, and leaving the scene of an incident without reporting, a Class E felony.  Neth is accused of restraining a person under circumstances that exposed the person to risk of serious physical injury in the Town of Darien on June 11. He is accused of operating a motor vehicle and having caused serious physical injury to another person and leaving the scene.

An accident is reported at Judge and Alleghany roads in Alabama.

A person is reportedly down in the roadway.

Alabama Fire and Mercy EMS dispatched.

UPDATE 8:23 p.m.: This may be a car vs. pedestrian accident.  Dispatchers are checking on the availability of Mercy Flight.

UPDATE 8:28 p.m.: Traffic being shut down on Route 77.

UPDATE 10:47 p.m.: This was a fatal accident.  The family has been notified. The Sheriff's Office is handling the investigation.  The Crash Management Team is on scene. The accident is under investigation, and there no further information is available just yet. The name of the victim will be released later.