Stories from

South Main Road, over the Tonawanda, Batavia. Photo by Chris Suozzi.

Oakfield. By Kristin Smith.

A truck has reportedly hit a pole on Ellicott Street Road at Shepard Road, Batavia.

Unknown injuries.

Town of Batavia Fire and Mercy EMS dispatched.

UPDATE 11:52 a.m.: There's also a truck off the road with a fuel leak on Route 63 and Little Canada Road. Bethany Fire responding.  A minor injury reported at the Shepard Road incident. 

UPDATE 11:53 a.m.: Shepard Road, no injuries. The driver is in an emergency vehicle, warming.  Low-hanging wires, none detached.

UPDATE 12:03 p.m.: Trucks can't get through because of the low-hanging wires at Shepard Road.  A single lane is open for cars.

UPDATE 12:08 p.m.: Traffic control is needed at Little Canada Road. "We're on a bend in the road here. People are flying around the curve before they see us."

The Town of Bethany board meeting has been rescheduled from March 13 to March 20 at 7 p.m.

The change is "due to unforeseen circumstances," said Town Clerk Shauna P. Klump.

NOTE: Story updated at 10 a.m. to include additional background on the murder.

In the nearly 13 years since his conviction for murder in the second degree in the bludgeoning death of his former business partner Joseph Benaquist, Scott F. Doll, now 60 years of age, has filed multiple appeals.

A judge will consider whether he can proceed with a new motion to vacate his May 2010 conviction at a hearing on Friday.

Shortly before 9 p.m. on Feb. 16, 2009, Doll was found by Deputy James Diehl walking on North Lake Road, Pembroke. Doll had what appeared to be blood on his clothing. Later blood was also found on a vehicle he had been driving. At trial, a blood spatter expert testified the pattern of blood on Doll's clothing and face was consistent with a physical altercation.

Sheriff's investigators responded, and Doll was detained and questioned.  Investigators felt convinced there was a human victim of a crime and wanted to know where that victim might be.

At 1:30 a.m., Benaquist's body was found in the driveway of his home. He had suffered head trauma, and there was a substantial amount of blood at the scene.

While investigators concluded a weapon had been used to beat Benaquist, no weapon was ever recovered.

Doll was prosecuted by now-retired District Attorney Lawrence Friedman, and Doll's lead defense attorney was Paul Cambria. The jury trial lasted from May 3 to May 20, 2010.  Doll was sentenced on July 2, 2010, by Judge Robert Noonan, now retired, to 15 years to life.

Attorney Michael S. Deal, from the Legal Aid Bureau of Buffalo, filed this latest motion on Doll's behalf on Oct. 19.

The motion, which must show there is new evidence not available at trial, is largely based on an investigation conducted by a private investigator, Tony Olivio, of Buffalo, that included interviewing 18 witnesses, the review of hundreds of pages of police reports and documents, and collecting DNA samples from family members of Doll and Benaquist.

Deal argues that Monroe County Medical Examiner Scott F. LaPoint mistakenly testified at trial in 2010 that fingernail clippings from Benaquist were examined for evidence. That isn't new evidence. That issue was raised by Doll in a 2016 appeal, which he lost.  What is new, apparently, is that Olivio interviewed LaPoint as part of his investigation, and LaPoint had no clear explanation for why standard procedure wasn't followed in this case.

There was also third-party DNA found on the boot of Benaquist, a fact not discovered prior to Doll's murder trial. This, too, was part of the 2016 appeal.  The new evidence appears to be DNA tests that eliminate one of Doll's family members and two of Benaquist's family members as potential participants in the murder. It's not the DNA of any of these three people at the scene, making it likely, Deal argues, that an unknown person was at the scene when Benaquist struggled with his assailant.  

According to Deal, the fact that it wasn't a family member indicates it was somebody unknown to Doll, lending credence to the suggestion that Doll wasn't even at the scene at the time of the murder.

While forensic evidence indicates, Deal states, that Benaquist struggled with his assailant, Doll suffered no injuries the night of Feb. 19, 2009. 

The 2016 appeal was heard by interim County Court Judge Micheal F. Pietruszka. According to Deal, Pietruszka erred in his ruling by stating that the DNA sample was found on Doll's clothing and, therefore, would not have altered the jury's decision.

Pietruszka's ruling was appealed, and Doll lost each appeal.

Assistant District Attorney William Zickl states in his answering statement that there is really nothing new in this new motion.

"These claims are no more than a repacking and rebranding of the defendant's previous arguments, culled from his 2016 motion to vacate, which were rejected by the Genesee County Court and the Appellate Divison, Fourth Department, as well as the Court of Appeals," Zickl states. "Because no new evidence or circumstances have been identified by the defendant in this instant motion which would complete, or even suggest, that a new trial should be ordered, his application should be summarily denied."

Deal wants the third-party DNA sample sent to a national criminal DNA database, which could uncover a possible match with a person in the database, a motion opposed by the District Attorney's Office.

Zickl states that the conversation between Olivio and LaPoint sheds no new light on the case.  The DNA evidence, including the DNA tests of relatives, could have been presented at trial if the defense had made a motion to get all the DNA evidence from Benaquist's boot (the DNA spot wasn't discovered until more testing was ordered as part of the appeal process in 2015). 

The defense could have also uncovered at trial, with more diligence, that fingernail clippings were not taken by the Medical Examiner's Office, according to Zickl.

"Even if the evidence were admitted at trial, it would serve to merely impeach or contradict the previous testimony of Dr. LaPoint," Zickl states.

"The defendant has not established a possibility, let alone a probability, that this new evidence would have changed the result of the trial," Zickl continues. "At trial, the defendant took full advantage of the argument that the investigation was fatally flawed because the people did not request DNA testing of the victim's fingernail scrapings, which were believed at the time to exist. It strains logic to suggest now that there would have been any greater impact upon the jury had the defendant been able to argue that the investigation was fatally flawed because the Medical Examiner's Office had neglected to take the scrapings in the first place."

In a response to Zickl's argument, Deal takes issue with "the people's" position that the third-party DNA is "partial" or "minor" and that it may not even be from blood.  He said the Medical Examiner's report indicates it was blood, and a blood splatter expert said it could have only landed on the boot during a struggle between Benaquist and his assailant. 

As for the opportunity to have obtained the DNA sample before trial, that simply wasn't logically possible, Deal argues.

"The idea that somehow the defendant would know of that exact spot (that particular couple of centimeters) on the boot to be tested, as opposed to all of the other blood-drenched items -- and then would have discovered it before -- is particularly unreasonable. 

Deal believes that the new evidence combined with other facts that could be presented at trial could lead to a more favorable outcome for his client.

"This court is reminded that this is a circumstantial evidence case," Deal writes in his brief. "A crucial fact ignored by the people below is that there was a shoeprint in the snow found in the driveway where the victim was found, which was determined not to be from either the defendant or the victim.  A jury hearing new information about a third party's DNA being on the victim's clothing along with the discovery of a mysterious footprint at the crime scene, on top of the Medical Examiner's malfeasance, when combined with the fact that the 220-pound victim had defensive injuries on his hands while Mr. Doll suffered absolutely no injuries would certainly never be so unfazed as Judge Pietruszka would have us believe."

Doll, now housed at the Hudson Correctional Facility, has consistently maintained his innocence. He is eligible for his first parole hearing in December 2024.

Judge Sanford Church, of Orleans County, is hearing the motion because of Genesee County Judge Melissa Lightcap Cianfrini's conflict of interest in the case.  She was an ADA in the District Attorney's Office during the trial and subsequent appeals.

For all of The Batavian's prior coverage of Scott Doll, click here.

File photo: Scott Doll's 2009 Genesee County Jail booking photo.

A two-car motor vehicle accident is reported at Vallance Road and Route 19 in Le Roy.;

Injuries are reported.

It is partially b;ockijg

Le Roy Fire and Le Roy Ambulance responding. 

 UPDATE 8:26 a.m.: Stella's towing both pickup trucks. Law enforcement is clearing the scene. 

Centennial Park isn't what it once was, and a new plan unveiled at a press conference Monday aims to restore some of its previous features and make it more environmentally compatible with a changing climate.

Some 60 trees, out of about 200 trees, will be removed -- mostly silver maples -- and another 400 trees and shrubs of various species (all native to the region but also compatible with a warming environment) will be planted over the next five years, with one of the main features of the original park being restored: grass footpaths.

The plan is part of a state-driven initiative for communities to create resiliency plans.  The changes at Centennial Park are just one aspect of the countywide initiative. 

"This plan presents a comprehensive, holistic approach to addressing and preparing for the many challenges we confront in the face of more frequent and severe storm events," said Deputy Secretary of State Kisha Santiago-Martinez. "By developing and implementing this plan, you are proactively helping to ensure that the county, its municipalities, residents and businesses are better prepared to confront and recover from natural disasters."

The draft plan for the park states that it "addresses the role of the park in the ecological network and calls for action in these areas of concern: urban heat island effects, public health, mitigation of storm-water runoff, biodiversity and climate change."

The Centennial Park plan calls for the creation in the park of resilient habitats through the introduction of climate-adaptive native plant communities.

Plants will be selected to provide a tree canopy along with under-canopy tree species, as well as shrub species that support pollinators and wildlife. 

The history of Centennial Park -- at one time known as State Park because of its affiliation with the New York State School for the Blind -- goes back to the 1880s, when Asa Lord, the first superintendent of the school, spearheaded the effort to create a green space with walking paths, ponds, trees, flowerbeds, a bandstand and a gazebo.

The park was deeded to the City of Batavia in 1969.

Over time, many of the features of the park disappeared -- the ponds, the flowerbeds, the bandstand, and the gazebo, and unless you knew where to look, there's little trace of the former walking paths.

David Beatty, a Batavia resident who served on the committee that helped develop the plan for Centennial Park, said there has been a real effort in the plan to both preserve the history of the park and enhance its enjoyment for community members who visit it as the city's primary open green space.

"We'll be removing a lot of trees, but the trees that remain, though, they'll blend in with our new plan," Beatty said. "It's really species driven, ecologically driven. The idea was to reinforce the old historic patterns with the pathway patterns by the vegetation, the trees."

The paths will be grass but maintained so that they're clearly visible.

"It is a key design element to remain with grass," Beatty said. "The idea is to use the maintenance crew, in the summers, to keep the path mowed, so the grass in the paths will be shorter and let the park be visible, let the park grow. Don't mow it. Manage it."

As part of the plan, one of the things that will change is the removal of the golden, red, and orange leaves that fall into the ground in October and November.

The report states:

Rake (or blow) fallen leaves around tree groups to create a mulch bed. Do not mulch fallen leaves with the mower, as this will destroy Lepidoptera eggs laid on the underside of tree leaves (primarily oak leaves). Leaf litter also provides shelter for overwintering adult Lepidoptera and caterpillars in diapause Additionally, leaf litter helps to retain soil moisture and recycles nutrients to the soil. 

County Legislator Marianne Clattenburg noted during her remarks at the press conference that Centennial Park has served in recent years as a hub of community events. At one time, it hosted Picnic in the Park. It continues to host the GLOW Corporate Cup, performances by Batavia Concert Band, a recent Lemonade Stand fundraiser as well as the first pine box derby in the community in decades.  There is also the annual Kiwanis Easter Egg hunt in the park.

"As you can see, Centennial Park is a beautiful resource, but it is also the hub of community gatherings," Clattenburg said. "Resiliency plans such as this are tremendously important, as we recognize the need to plan for the future in order to preserve the treasures of the past."

Beatty said preserving space for community events was a specific point of discussion by the committee.

The problem might be parking.

When there are large events at Centennial Park, attendees tend to park their cars on the grass along Park Avenue even though the entire area is posted "no parking."  

And it's important, Beatty said, that people don't park on the grass because the cars compact the soil, damaging the root systems of the trees and shrubs.

"There will be an effort to change the parking patterns," Beatty said. "The city is going to need to figure that out."

There will also be a cinder path along Park Avenue, as there is now along Richmond Avenue, part of the re-imagined park. That will discourage parking along Park Avenue, Beatty suggested.

To fund the multi-year study and plan development, Genesee County partnered with the non-profit New York Green. The plan was also funded with a $250,000 grant from the NYS Department of State Smart Growth Program.

Click here for a 44-page PDF of the Centennial Park plan. It contains details on the three phases of tree planting and what plants are being considered for the park as well as historical, current, and projected maps of the park.  You can view in more detail the map reproduced as an illustration at the top of this story, which shows what planners anticipate the park will look like when completed.

NY Green has also created a website dedicated to Genesee County's resiliency plan, which goes well beyond Centennial Park.  There you will find a link to the full 454-page report. The 454-page report cites a number of "news" interviews with local elected officials as source material.  The un-bylined "articles" appear on images of paper for a seemingly non-existent news publication, "Changing Times."

A press release from the Department of State about the county's resiliency plan lists these objectives:

1. Flood Management/Emergency Preparedness Strategies:

• Increased communication to residents in flood-prone areas of hazards/risks from weather;
•  Increased inter-municipal cooperation and coordination for warnings;
• Repurposing of acquired flood-prone properties for conservation or recreation; and
• Implementation of flood protection measures.

2. Land Conservation/Water Quality Protection Strategies:

• Implementation of Green Genesee Road Map; protection of riparian land buffers;
• Obtaining development rights to high-quality farmland;
• Increased agricultural Best Management Practices; and
• Proper management of large-scale solar and related battery storage projects.

Resilient Infrastructure Strategies:

• Usage of green stormwater infrastructure and renewable energy sources;
• Accommodation of sizing for culverts for volume and waterway functionality;
• Expansion of tree planting and maintenance;
• Enhanced water supply infrastructure; and
• Protection of power during severe weather.

4. Community Capacity/Public Education Strategies:

• Preparation of a Local Waterfront Revitalization Plan for the Tonawanda Creek area;
• Education on the incorporation of green infrastructure for municipalities and communities;
• Public information on invasive species reduction;
• Native plant use; and
• Promotion of renewable energy and energy efficiency. 

Marianne Clattenburg speaking.

Mark Masse, senior vice president of operations for GCEDC, said among the things businesses looking to locate operations in Genesee County ask about are quality of life issues for employees and what is local government doing to promote environmentally sustainable development.

"Those two questions have taken on a greater significance and importance in today's site selection processes as companies emphasize the well-being of their employees as well as the environment," Masse said. "That is why the GCEDC works so closely with the Genesee County Planning Department and other county and local government agencies on green infrastructure plans, site plan layouts and smart growth principles. The countywide resiliency plan unveiled today looks at preserving public spaces for people to enjoy while also preserving and protecting our water supply and identifying projects to help with the overall environmental quality of our community."

Shelley Stein, chair of the Genesee County Legislature, said, "The resiliency of our valuable land in our natural resources is a hallmark of Genesee County and our dedication to land use planning, and especially as an agricultural community. For instance, one of the goals of Genesee County's smart growth plan is to protect farmland and the rural character of our countryside and maintain the viability of our agriculture. By engaging all sectors of land use planning, desired outcomes and local government partners, including the City of Batavia. It has brought forward a well-thought-out, environmentally sensitive and achievable resiliency plan."

The Town of Batavia Fire's banquet Saturday at Terry Hills was more than awards and installation of officers; it was also a celebration of the department's 75th anniversary.

Chief Christopher Strathearn, being sworn in above, began his second term as chief and, in his annual report, said that the department responded to 409 calls in 2022 with 3,309 member responses to those calls for a total of 2,402 manhours by volunteers out on calls.

The department currently has 48 active members.

The 2023 officers are:

• Chris Strathearn, chief
• Robert Hunt, deputy chief
• Paul Dibble, first assistant
• Joshua Boyle, second assistant
• Bryan Mosciki, captain
• Lieutenant, Clayton Gorski
• Paul Barrett, safety officer
• Scott Garlock, president
• Tom Cunningham, vice president, Steve Coburn, secretary
• Don Koziol, treasurer
• Directors: Tim Yaeger, Dan Jacques, Paul Bareet, Gary Diegelman, and William Allen.

Dwayne Fonda Jr., flanked by Strathearn and Garlock, was named Firefighter of the Year.

Tom Garlock, who joined the department 10 years ago, received the president's award.  His father, Scott Garlock, presented the award and talked about the night he and his wife first met; the first hour they met.  They were in the GCC parking lot, and a fire truck went by on its way to a garage fire. Garlock told Lynn, "Let's go," and they followed the truck to the fire. Garlock wasn't even a volunteer yet.

"I think she knew what she was in for," he said.

Both of their sons joined the department, and it seemed like destiny.

"My President's Award this year goes to that little boy who, in first grade, his teacher came up to me and said, Mr. Garlock, your son seems to know an awful lot about fire, the fire department, and fire trucks," Garlock said. "I said, 'how so.' She said, 'Whenever I read stories, and there's a fire truck in the story, your son always corrects me and says, 'no that's an engine,' or 'that's a ladder truck.'"

Tyler Stewart went out on 205 calls, making him the department's top responder for 2022.

Past chief Frank Riccobono was recognized for his 40 years of service to the department.

Dan Coffey became a line officer in 2005.  He served as chief from 2017 to 2021. He wasn't able to attend last year's dinner so his service was recognized on Saturday night.

Town of Batavia Fire volunteers.

Photos by Howard Owens.

The Pembroke Dragons are Section V champions in Boys Basketball, beating York in the Class C2 final at Blue Cross Arena on Sunday, 62-59.

The game was close for all four quarters, with York leading most of the way in the first half, but Pembroke regrouped in the third quarter and held onto a slender lead at the end when time ran out on York.

Scoring:

• Tyson Totten, 16 points
• Cayden Pfalzer, 12 points
• Avery Ferreira, 13 points
• Jon Suro, 14 points
• Chase Guzdek, 7 points, 15 rebounds

"York is a great team, and Ed (Orman) does a really good job with his squad year in and year out," said Coach Matt Shay. "Our kids showed a lot of resilience responding to how York jumped on us early. We came out really tough in the third and made a nice run, but when you get to this level, teams are going to make runs on their end as well. York did that by switching to a press and a 2-3 zone. I was really proud of how some of our guys stepped up tonight. Avery, Jon, and Chase really came up huge for us today. This group has worked really hard, and they deserve this."

The Dragons get a bye in the first round of regionals. Pembroke will play the winner of Lyons vs. Northstar Christian on Thursday, March 9, in the Quarterfinals, location TBD.

To view or purchase photos, click here.

Photos by Steve Ognibene

After winning the championship, the team bus was escorted by the Pembroke Volunteer Fire Department from Batavia to the school. Video by Jessica Pfalzer.

Photos below by Jessica Pfalzer. For more photos, click here.

The Notre Dame/Alexander Indoor Track Team wrapped up its season at this state meet on Saturday in Staten Island with a seventh place state finish in the 4x400 relay, posting a time of 4:09.89.

Jadyn Mullen placed 17th in 55 hurdles with a time of 8:92 and 18th in the 600 with a time of 1:39.08.

Submitted photo and information.

The Fighting Irish found themselves in a tough match for the Class D1 title against Avoca/Prattsburgh on Saturday at Blue Cross Arena in Rochester.

At 16-5, Notre Dame was the #3 seed in the class; at 19-2, the athletes were ranked #1.

Haden Abbott's 28 points helped lead Avoca to a 93-67 win.

For Notre Dame, Jay Antinore scored 17 points, Ryan Fitzpatrick, 15, Jaden Sherwood, 15, and Jordan Welker, 11. 

To view or purchase photos, click here.

Photos by Steve Ognibene

It takes a lot of hard work and perseverance to make it in business for 30 years, Guy Clark said Friday, following a ribbon-cutting to celebrate the 30th anniversary of Cedar Street Sales and Rentals in Batavia.

"A lot of it is also being a big part of the community," Clark said.

The celebration also makes another significant transition for Clark, who is taking on the role of being semi-retired, reducing his work hours to Monday, Wednesday and Friday, with his sons Adam and Connor taking on more responsibility for the business.

"They have been over the last few years (taking on a bigger role)," Clark said. "They both went to college and came aboard afterward. They got business degrees. We didn't plan on it. It just happened to work out like that. They're so smart and innovative, and you really have to be these days. You can't wing it like I did forever. You have to be very methodical."

He said he has a lot of confidence in his sons, and all three men work together well.

"It's awesome to have someone to throw things around with, to bounce things off," Clark said. "Now we have a quick little powwow -- what do you think about this -- and we just did that with the Home Show. Will we be in the Home Show this year? We talked about not being in it because it's in the middle of April, kind of late for us.  Just as we stood there, said, What do you think? Well, I'll work, and I'll work. Let's go. Let's do it. So it's fun to have those kinds of decisions instantly."

Photo by Howard Owens.

Le Roy lost its Class B2 championship game to Wellsville at the Blue Cross Arena in Rochester on Saturday, 52-43.

There are no game statistics available. 

Maveric McKenzie received the sportsmanship award, while Merritt Holley and Andrew Pocock were named to the all-tournament team.

Photos by Jason Coniber.

A balanced offensive attack and strong defense all season wasn't quite enough on Saturday for the Batavia Blue Devils to overcome Newark for the Class B1 title at Blue Cross Arena in Rochester.

The Blue Devils lost 60-55.

Carter McFollins scored 16 points for Batavia. Carter Mullen scored 11, while Mikey McKenzie scored nine and Rashawd Christie scored eight.

To view or purchase photos, click here.

Photos by Steve Ognibene

With all the flash and bang of the real thing, tribute band KISS This entertained a packed room at Batavia Downs on Friday night.

Photos by Angelina Miconi for Batavia Downs.

The ideals of courage and love, the life lessons of heartbreak and passion, the resilience of the human spirit, these are the themes that play out in the musical "Les Miserables," said Jacqueline McLean, the artistic director of the Le Roy High School production of the classic Broadway show.

Le Roy will perform a version adopted for high schools next weekend.

"The most important theme, in my opinion, is the importance of standing up for the dignity of the human person," McLean said. "Victor Hugo wrote the novel Les Misérables to exploit and criticize the injustice of 19th century France. This novel transcends time and still speaks of ideals that are important today, such as the rights of women, intergenerational conflict, and conflict with the government. This show is meant to renew the human spirit.

"We hope that this show and these amazing students will help you to reflect on how precious life is and how beautiful it can be even in the darkest of days and nights," she added. 

Jean Valjean is played by Evan Williams.  Williams starred in last year's production of "Newsies" and was a finalist in "Stars of Tomorrow" in Rochester in 2022.

Additional roles:

• Inspector Javert, Nathan Yauchzee  
• The Bishop of Digne, Alex Doty  
• The Factory Foreman, Cooper Terry  
• Fantine, Ashlyn Puccio  
• Bamatabois, Jackson Cain  
• Fauchelevent, Carter Fix  
• Young Cosette, Leah Cashin
• Madame Thénardier, Aubrey Puccio  
• Young Éponine, Madelyn Emke  

For more information on the production and full cast, click here.

The play is being performed in the Le Roy Jr.-Sr. High Auditorium, 9300 South Street Road, Le Roy.

In-person show times:

• Thursday, March 9 at  7 p.m.
• Friday, March 10 at 7 p.m.
• Saturday, March 11 at 7 p.m.

Tickets: Pre-sale Student/Senior Citizen: $10 Pre-sale Adult: $12. For pre-sale tickets, click here.

At the Door Student/Senior Citizen: $12; At the Door Adult: $15.

There are also two virtual performances: 

• Friday, March 17 at 7 p.m.
• Saturday, March 18 at 7 p.m.

Ticket prices are $10 for one viewer and $30 for family viewing.

To purchase virtual performance tickets, click here.

Two Monroe County men are again out of custody, released within the same 24-hour period that their alleged crime spree started, apparently because a local judge had no authority to set bail.

Evan Jacob Vanskiver and Adam John Montes were arrested early Monday morning and, in accordance with New York's current bail law, released on appearance tickets. A short time later, they were allegedly spotted in a stolen car, leading to a Batavia PD pursuit through multiple jurisdictions. 

That led to more charges, but at arraignment on Feb. 27, the date of all of these events, they were released on their own recognizance. 

It's impossible to say that they would still be in custody without bail reform, but local officials say the ease with which they regained their freedom is a product of bail reform.

For charges under a certain level, police officers can't bring a suspect before a judge for arraignment. The officers must write an appearance ticket.  And a judge, at arraignment, must set release conditions that are the least restrictive option available. That's the law.

District Attorney Kevin Finnell said if there had been an arraignment in pre-bail reform days, his office would have requested cash bail or bond be set.  It would have been up to a judge, who may also have heard a counter-argument from a defense attorney, to weigh the flight-risk factors in order to decide if bail was necessary to ensure the defendants would reappear in court as ordered at a later date.

"Prior to bail reform, the decision of whether to set bail would have, of course, rested with the judge, so I cannot advise you with any degree of certainty if these defendants would have been held on bail," Finnell said. "I can tell you that prior to bail reform, knowing the circumstances of this case, my office would have requested that bail be set, and we would have been optimistic that our request would have been granted."

Even though holding the defendants in jail after their initial arrest on Feb. 27 isn't a given, Batavia PD Chief Shawn Heubusch does see the case as a failure of bail reform, primarily because no judge was given a chance to make a decision. An appearance ticket was mandatory. 

The incidents involving Vanskiver and Montes began at 4:14 a.m. on Monday when dispatchers received a complaint of a theft from a vehicle on Church Street in Elba.

When Deputy Jeremiah Gechell arrived on scene, two men were spotted. They fled the area.  Deputy James Stack and K-9 Rayzor responded and commenced a search. A short time later, Vanskiver and Montes were located. They were allegedly in possession of a cache of stolen items. 

Both men were also accused of damaging a vehicle on Church Street while trying to gain access to it.

Deputy Travis DeMuth assisted in the investigation.

Vanskiver is 31 with a listed residence of Viking Way, Sweden, and Montes is reported by the Sheriff's Office not to have a residence. Batavia PD place Vanskiver's residence in Brockport and Montes in Hamlin.

In the Elba incident, the two men were both charged with criminal possession of a controlled substance in the fourth degree, a Class C felony, 14 counts of criminal possession of stolen property in the fourth degree, a Class E felony, criminal possession of stolen property in the fifth degree, a Class A misdemeanor, and criminal mischief in the fourth degree, a Class A misdemeanor.

In pre-bail reform days, not everybody charged with felonies was held.  In this case, however, the extenuating circumstances that a judge could have considered under the prior bail guidelines is that one of the defendants doesn't have a permanent residence and neither is from the local area. 

In an attempt to get a defense attorney's perspective on bail reform and its impact on this case, The Batavian emailed Public Defender Jerry Ader two days ago, and he did not respond.

According to Batavia PD, the two men were released from custody at the Genesee County Jail at 2:15 p.m. on Monday.

They were spotted in the allegedly stolen vehicle at 2:41 p.m. that same day on Ellicott Street near Liberty Street.

A patrol officer chased the vehicle down Route 5 to Wortendyke Road, where Vanskiver managed to avoid spike strips. 

The vehicle then started traveling in a southerly direction through the towns of Batavia, Alexander, Pembroke, and Darien. 

Further attempts to use spike strips to impede the vehicle were unsuccessful. 

According to a Batavia PD statement, the vehicle entered the Village of Attica on Route 238, then turned into an apartment complex on Sokol Drive, where it struck a garbage Dumpster.

Vanskiver allegedly fled on foot. He was taken into custody following a brief foot pursuit. The passenger was apprehended in the vehicle.

They were arrested by Batavia PD and charged with:

Evan J. Vanskiver

• Criminal Mischief 3rd (Felony)
• Grand Larceny 3rd (Felony)
• Conspiracy
• Unlawful Fleeing of a Police Officer
• Aggravated Unlicensed Operation 2nd
• Multiple Vehicle and Traffic Law violations

Adam J. Montes

• Grand Larceny 3rd (Felony)
• Conspiracy

Following this second arrest, Vanskiver and Montes were held pending arraignment in the new Centralized Arraignment Court. They were arraigned later that same day, according to jail records, and ordered released on their own recognizance.

The incident prompted Assemblyman Steve Hawley to call on New York to revisit its current bail law.

“The revolving door of crime that has been established by bail reform continues to hinder and harm law-abiding citizens while giving career criminals a free pass,” Hawley said. “It’s high time for the Majority in the Assembly to help bring an end to this era of crime New York is continually besieged by. To continue to ignore it makes them part of the problem.”

MaryLee Pagliaroli's mixed-media piece, "Butterfly Playtime," was awarded Best of Show at Tuesday's Third Annual Table Top Art Competition at Eli Fish Brewing.

Brian Kemp and Melissa Flint conceived of the art show three years ago, in the midst of the pandemic when galleries were closed and art shows canceled. When restaurants could open, Kemp and Flint figured they could expose the work of local artists on placemats.

The show and competition -- now with Jill Pettigrew as part of the team -- was judged by Dan Butler.

As the first-place winner, Pagliaroli received $300.

Second place, and $200, went to Margaret VanArsdale for "The Flag."  Third place and $100 was awarded to Morgan Gefell for the sculpture "Rings of Fire."

Images of the works by the three top finishers, along with honorable mentions, will be printed on placemats that restaurants can provide to diners. 

There are 36 restaurants in the community participating this year.

There were 152 artists who submitted entries.

Kemp said the Table Top show has grown beyond the expectations of its organizers.

Margaret VanArsdale with "The Flag," which was made with plastic straws.

Brian Kemp on the right.

After the awards were announced, those in attendance took a closer look at the works.

Arrest warrants have once again been issued for a Batavia woman whose dog reportedly overdosed on narcotics after she reportedly failed to show up at an assigned rehabilitation facility.

Cassandra L. Elmore, 30, was arrested on multiple warrants by Batavia PD in early February and ordered held in jail on $100,000 bail.

After learning today that Elmore would not appear in City Court as scheduled today because an arrest warrant had been issued, The Batavian inquired with officials in the local criminal justice system about her case.

Through a FOIL request with the Sheriff's Office, The Batavian learned that Elmore was released on her own recognizance at 10:30 a.m. on Feb. 18 for a bed-to-bed transfer to a rehab facility.

Assistant District Attorney Jenna Bauer confirmed that Elmore is accused of never showing up at the facility, so a warrant was issued for her arrest.

Chief Shawn Heubusch said his officers are actively looking for Elmore.

There are two warrants for Elmore, Heubusch said.

One is dated Feb. 22 and is for failure to appear on obstruction of governmental administration 2nd and failure to comply with a court-ordered program. The second is dated Feb. 22 and is for failure to appear on charges of aggravated unlicensed operation 3rd, criminal possession of a weapon 4th, criminal use of drug paraphernalia 2nd, and failure to comply with a court-ordered program.

In addition to the charges underlying the two new warrants, Elmore faces three counts of injuring an animal under New York Ag and Markets Law Section 353.  She reportedly took Oddey, a French Bulldog, to veterinarians with apparent drug overdoses after the dog, according to police reports, licked up white powder from the kitchen floor.

Legally, Elmore still owns Oddey, and the animal shelter must care for it without putting it up for adoption unless she signs over custody of the dog to the county or the case is resolved in a manner that permits her to again take possession of the dog.

Meanwhile, the dog she is accused of allowing to overdose on narcotics, Oddey, remains confined to the Genesee County Animal Shelter, where it has been held since June. The dog has reportedly adjusted to life in the kennel and is doing fine.

To contact Batavia PD with information on Elmore's whereabouts, call (585) 345-6370.

Previously: 

• Woman charged after dog treated repeatedly for narcotics overdose
• Vet told police Oddey was showing signs of drug intoxication during emergency visit
• Elmore asks for time to hire attorney while Oddey waits at shelter
• Warrant issued for woman accused of letting dog OD after she fails to appear in court
• Law and Order: Woman charged in dog's drug overdose arrested again after traffic stop
• Woman in dog overdose case again fails to show up for court appearance
• OPINION: Due process often neglects animal victims
• Woman in dog OD case who skipped court appearances, arrested on warrant, held on bail
• Dog abuse case postponed after VFA letter received
• Woman facing charges after dog ingested narcotics says 'real case' will come out
• Owner in dog OD case willing to discuss future of her dog while criminal case is pending
• Elmore misses another court appearance while Oddey remains at shelter
• Woman accused in dog OD case goes to courthouse, leaves before case is called, warrant issued

The Oatkan Knights put together a balanced attack against Dansville on Wednesday to advance to the finals of the Class B2 finals.

It was a close game, with Le Roy posting a final score of 49 points to 47 for Dansville.

Merritt Holly Jr. posted a double-double with 15 points and 14 rebounds. Andrew Pocock had 12 points and six rebounds. Maveric McKenzie had 10 points and four assists. Jean Agosto scored eight points.

The Knights play Wellsville at 11 a.m. on Saturday at Blue Cross Arena.

Photos by Jason Coniber.

Pavilion, who entered the Girls Basketball Class C2 Section V tournament as the #3 seed, beat #2 seed Notre Dame on Wednesday, 51-42.

The Golden Gophers face #4 seed Dundee/Bradford at noon on Saturday at Rush-Henrietta.

No statistics were submitted for the Pavilion team.

Amelia McCulley scored 34 points for Notre Dame. Emma Sisson had seven rebounds.