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Photos: City fire learning the ropes of new ladder truck

By Howard B. Owens

This week, city firefighters will be training in Batavia's new ladder truck.

Representatives of E-One, the company that delivered the truck, will be on hand to train firefighters on all aspects of the truck's operations and equipment.

"As with any new piece of equipment detailed and repetitive training is required to develop the 'muscle memory'that enables the CBFD to perform in a proficient and expeditious manner under emergency conditions," said Capt. Robert Fix.

As part of the training, crews will set the truck up at various locations throughout the city over the next week. At times, this may cause some roadway lane restrictions as well as minor inconveniences near mid-rise and high-rise buildings, Fix said.

The new truck is expected to be in service by June 1.

(Yes, I was given a ride all the way up the 100-foot ladder.)

Law and Order: Teen couple allegedly caught 'engaging in sexual activity' at DeWitt park, charged with public lewdness

By Billie Owens

Julia K. Hahn, 18, of Lyman Road, Bergen, is charged with public lewdness. She was arrested at 3:54 p.m. on May 19 after she was allegedly found by police to be engaged in sexual activity with another individual in DeWitt Recreation Area on Cedar Street in the City of Batavia. She was issued an appearance ticket for 1 p.m. on May 31 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Robert V. Wasinger, 18, of Delevan Elton Road, Delevan, is charged with public lewdness. He was arrested at 3:54 p.m. on May 19 after he was allegedly found by police to be engaged in sexual activity with another individual in DeWitt Recreation Area on Cedar Street in the City of Batavia. He was issued an appearance ticket for 1 p.m. on May 31 in City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Britanny B. Cina, 27, of Ross Street, Batavia, is charged with DWI -- common law, and DWI per se. At 1:56 a.m. on May 21, Batavia police responded to the 7-Eleven store on East Main Street for the report of multiple subjects fighting in the parking lot. Upon further investigation, Cina was arrested after it was learned that she allegedly drove a motor vehicle to the convenience store in an intoxicated condition. She was arrested and processed at BPD headquarters where a chemical test was administered, and allegedly it found her BAC to be over the legal limit. She was issued traffic tickets and her City Court date is set for June 1. The case was handled by Batavia Police Officer Arick Perkins, assisted by Police Chief Shawn Heubusch.

Alexander J. Jasinski, 22, of Godfreys Pond, Bergen, is charged with: driving with a BAC of more than .18 percent; DWI; third-degree aggravated unlicensed operation; failure to stop at a stop sign; and moving from lane unsafely. At 9:52 p.m. on May 21, Jasinski was allegedly involved in an accident at the intersection of West Avenue and Weatherwax Road in the Town of Elba. He was westbound on West Avenue when he allegedly failed to stop at the stop sign and his pickup truck went through the intersection and struck a 15-by-15 foot building, a fence and a parked car before coming to rest. The case was handled by Sheriff's Sgt. Ronald Meides, assisted by Deputy Eric Meyer.

Byron Gilbert Keller, 21, of Sumner Road, Darien, is charged with: driving with a BAC of more than .08 percent; driving while intoxicated; unlawful possession of marijuana; and failure to keep right. At 4:59 p.m. on May 21, following a report of a motor-vehicle accident at 9864 Alexander Road in the Town of Alexander, Keller was arrested and charged as noted above. Keller is to appear in Town of Alexander on June 14.

Nikki L. Stonebraker, 27, of Liberty Street, Batavia, is charged with unlawful possession of marijuana. Stonebraker was arrested following an investigation into an alleged distrubance on Liberty Street at 9:21 a.m. on May 19. The defendant was issued an appearance ticket for this afternoon in City Court. The case was handled by Batavia Police Officer Jason Davis, assisted byn Officer Kevin DeFelice. At the same incident, she was also charged with endangering the welfare of a child following a physical domestic incident with her former boyfriend which was allegedly witnessed by her children. For that case, she was released under supervision of Genesee Justice and is to be in City Court to answer the charge at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer DeFelice.

Christopher T. Sprague, 22, of 36 Dellinger Ave., Batavia, is charged with second-degree criminal use of drug paraphernalia. He was arrested at 5:55 p.m. on May 12 after NYS Parole checked his residence and allegedly found drug packaging material inside. He was issued an appearance ticket for City Court on June 14. The case was handled by Batavia Police Officer Christopher Lindsay.

Selina Sarai Tapia, 20, of State Street, Holley, is charged with unlawful possession of marijuana. She was arrested following a traffic stop at 4:20 p.m. on May 16 on Alleghany Road in Alabama during which time was allegedly found to be in possession of marijuana. She was issued an appearance ticket for Town of Alabama Court on June 21. The case was handled by Sheriff's Deputy Michael Lute.

Deer and Vibrant Batavia funds on City Council agenda for tonight

By Howard B. Owens

Rather than a typical Monday night meeting, the Batavia City Council is holding its conference meeting tonight, Tuesday night, and discussions are expected to include what to do about deer, what to do with funds previously earmarked for Vibrant Batavia, what happened with funding for the Business Improvement District.

The city's deer population has been a point of discussion with the council before, and after researching the issue, City Manager Jason Molino is asking the council for direction on what to do next, how much city staff time should be spent on the issue and what approach might the city take on the topic. Council members received, as part of their agenda packet, a 50-page pamphlet on community-based deer management. There are several approaches the city could take, Molino said in his memo to council, and the best approach depends on the situation in the community and what community members will accept as an appropriate response. "There is no right answer," the memo says, based on the recommendations of the pamphlet authors.

Councilman Adam Tabelski requested an item on tonight's agenda regarding the disposition of funds previously earmarked for Vibrant Batavia, which the council decided to defund at its last meeting.  That creates a pool of $97,000 in unallocated funds. Tabelski is suggesting the money be used for the as-yet unfunded Batavia Pathway to Prosperity Capital and Reinvestment Fund. New PILOT agreements with property developers is supposed to generate funds for that program, which is intended to help mitigate clean-up of brownfield sites in the city. That creates a bit of a chicken and egg problem, because funds are needed to clean up brownfields and there's no money in the fund. "Kickstarting the BP2 fund with a significant amount of seed money will help turn an innovative approach to target economic development into reality," Tabelski wrote in his memo.

The council will also discuss changes in the funding formula for the Business Improvement District. The reduction in funding for the BID prompted its board of directors to cancel Summer in the City.

The City Council meets at 7 p.m. in City Hall.

Possible power lines down at Ross and North, Batavia

By Howard B. Owens

City fire is responding to a report of possible power lines down at Ross Street and North Street, Batavia.

The roadway is partially blocked.

No arcing or sparking reported.

Sheriff's sergeant receives statewide Special Recognition Award for his work to help stop drunk driving

By Billie Owens

Submitted photo and press release:

Genesee County Sheriff's Sgt. Gregory H. Walker has been selected by the New York State STOP-DWI Foundation and Mothers Against Drunk Driving (MADD) New York State to receive its “2016 Special Recognition Award." He was one of only two individuals statewide to be selected for this award.

Sgt. Walker was nominated by Genesee County Sheriff Gary T. Maha for his extensive involvement with DWI enforcement and drug recognition throughout his 28 years at the Genesee County Sheriff’s Office. 

In 1999, Sergeant Walker was the Office’s first DRE (Drug Recognition Expert) and was certified as a DRE Instructor in 2003. He continues to be very involved in the DRE program by assisting the Governor’s Traffic Safety Committee with its DRE training, which covers several neighboring counties. He has played a role in reaching more than 300 educational professionals. Sgt. Walker has instructed 11 DRE classes and has conducted 169 DRE evaluations.

The award was presented to Sgt. Walker during a luncheon held in Schenectady on May 18. Attending the luncheon were Sheriff Maha and Chief Deputy Gordon L. Dibble.

Hawley says state must do a better job of assessing and meeting needs of the developmentally disabled

By Billie Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) hosted a forum in Batavia focused on supporting the rights of individuals with developmental disabilities. Invitees included people with developmental disabilities and their families, nonprofit organizations, mental health experts and community leaders.

Last Thursday's forum, held at Genesee Community College, was the ninth in a series of forums being conducted around the state in response to concerns from families, non-profits, community organizations and individuals with developmental disabilities about the impact of the Olmstead Decision.

Discussions focused on identifying better ways to support the rights of people with developmental disabilities; expansion of community-based care programs; the effectiveness of current transition plans for individuals in sheltered workshops; and identifying whether the input and desires of people with disabilities are being considered.

“Information gathered at the forum will help us to better serve the needs and choices of people with developmental disabilities,” Hawley said. “For many, the transition process to a more integrated work setting has resulted in frustration and disappointing changes in services and care programs. New York must do a better job of assessing and meeting the needs of individuals with developmental disabilities."

Participants included representatives from Genesee ARC, ARC of Orleans, ARC of Monroe, New York State School for the Blind, Western New York Independent Living and local families. 

“As legislators and residents of this state, it is our obligation and goal to provide services and address the needs of every New Yorker, regardless of age, religion, creed or disability,” said Assemblyman Clifford W. Crouch (R-Bainbridge), task force chairman. “These forums provide us with the opportunity to hear from families, caregivers and individuals with developmental disabilities to offer another layer of support when it comes to aiding those with disabilities in communities across our state.”

The next Assembly Minority Task Force on Protecting the Rights of People with Developmental Disabilities forum will be held on Thursday, May 26, in Buffalo. For more information on the task force, please contact the Assembly Minority Office of Public Affairs at 518-455-5073.

Linden native crowned Miss New York State in Sunburst Pageant

By Billie Owens

(Submitted photos.)

Alexander High School graduate Fleur Remington (Class of 2013) was crowned Miss New York State in Syracuse on Sunday after winning the Sunburst Beauty Pageant there on Saturday.

The 21-year-old Genesee County native grew up in the Bethany hamlet of Linden and will be attending her second semester at SUNY Brockport this fall, where she will continue her studies as a Biology major, with a minor in Forensic Science.

As pageants go, she's pretty new to the scene. She competed with young women who've been participating in them since kindergarten. Remington's first beauty competition was at age 18 when she was a freshman at Genesee Community College. It was the Miss New York USA Pageant. She won a local title for Sunburst in Watertown in 2014 then tied for fourth place at the Sunburst Miss New York State last year.

Those experiences allowed her to gain some useful experience and knowlege.

In Saturday's pageant, she also won Photogenic categories A and B, Swimwear, Top Model Look and Model Search, and was second runner-up in Casual Wear. 

"I cried, to be honest," she said of being named Miss New York State. "It was so surreal for me. I worked so hard and I was competing with girls who've been doing this since age 5. It doesn't feel real yet."

Now that she's won a state crown, she will compete in July for the Florida-based Sunburst Pageant's International crown, which is sort of a misnomer: "It's called the International Pageant, but only girls from the U.S. compete."

When proof of talent is called for, she has the gift of song.

"I can sing," she said. "I've been singing since I took chorus in fourth grade. I was the only soprano to make all-county chorus every year from sixth through 12th grade."

In fact, Remington will perform at a USO show in Rochester on the 4th of July. She hasn't decided what song she'll perform yet.

Her minute in that bit of limelight comes at the behest of beauty pageant maven Mary Therese Friel, a native (born in 1960) and current resident of Pittsford who won the titles Miss New York USA and Miss USA. She later modeled and opened her own agency and now trains pageant participants.

Friel is credited with teaching her about the world of pageants. And Remington's experiences to date have helped her to become, as she puts it, "a professional young woman."

"I represent myself, my hometown, my family, and Genesee County," Remington said. "I want everyone to see me, and them, as part of a great community."

Besides making lasting friendships with her peers, she has gained self confidence by taking part in pageants. She tries her best, she said, and knows that with persistance and work she can achieve her goals.

And when she's ready to start a career, she has known since age 10 what she wants to do -- work in a crime lab. The gross things that those scientists get to study and investigate absolutely fascinate Miss Fleur Remington.

County will seek reimbursement for damage errant pilot did to airport signs and lights

By Howard B. Owens

A plane that made an emergency landing on East Saile Drive on Thursday afternoon was in a mishap on the runway of the Genesee County Airport moments before and caused possibly as much as $20,000 damage, according to County Highway Superintendent Tim Hens.

Hens does not yet have actual estimates to fix the damage yet, but he's figuring it will be at least $15,000 and possibly as much as $20,000.

The county will seek reimbursement from the pilot's insurance carrier, Hens said.

The name of the pilot is not yet available, but Hens said he is apparently inexperienced and was performing touch-and-go practice at the airport when his plane veered off the runway for some reason.

The plane struck a light, a guidance sign, more lights and another guidance sign. There were very visible wheel marks in the grass along the south side of the runway, to the pilot's left, The marks go for at least 500 feet after the last sign was struck and then the pilot took off again, but he was losing fuel fast from a puncture in one of his tanks.

"It's pure speculation on my part as to why he took off again," Hens said. "It's almost like a hit-and-run or maybe he panicked and pulled up on the throttle, but when you're driving a car and hit something, you don't usually speed up."

The FAA is investigating the accident.

Losing fuel as fast as he was, he was unable to maintain altitude and was forced to find a place to land quickly.

"How he managed to not hit any power lines or the fence and still land on Saile Drive is beyond me," Hens said.

'Akira' the little Japanese hunting dog is missing its home on Albion Road in Oakfield

By Billie Owens

Submitted photo of little lost Akira. 

This is a photo of "Akira," a small Japanese breed of hunting dog called shibu inu. She disappearred from her home on Albion Road in Oakfield on Saturday. The family and especially the grandchildren are heartbroken.

Due to skin allergies, she was not wearing a collar at the time she disappeared.

Her loved ones say she resembles a fox in size and appearance. Sometimes the shibu inu is translated as "little brushwood dog." Adult females typically weigh about 18 pounds. It is an agile, independent breed. The Japanese breed standard says it exhibits: "A spirited boldness, a good nature, and an unaffected forthrightness, which together yield dignity and natural beauty."

In the photo above, Akira is waiting patiently for her master to get in the car and take her on an adventure -- traveling anyplace in the car is an adventure. Here she's thinking "C'mon, what's the hold up? I can't believe you can't find your sunglasses. You just had them on your head two minutes ago. ARGH! People!"

Anyone with information is asked to call Matt at (585) 704-9400.

'Sudanese Lost Boy' shares experiences with students at Le Roy HS

By Howard B. Owens

Sebastian Maroundit, a Sudanese Lost Boy who came to the United States as a refugee, spoke with students at Le Roy High School this morning.  

He is the cofounder of Building Minds in South Sudan along with his cousin Mathon Noi.

This was the school's final PRIDE assembly of the year.

Born in the rural Village of Mayen-Abun in Twic County, South Sudan, cousins Sebastian Maroundit and Mathon Noi were less than 10 years old when war came to their village and separated them from their families. They escaped to Ethiopia only to experience war again within four years. In 1991, they escaped from Ethiopia and spent a year walking across the hot desert to a refugee camp in Kenya. In this camp, both were educated through the eighth grade. In 2001, Sebastian and Mathon were selected as two of the 3,800 who would resettle in the United States. Mathon recently graduated from Niagara University majoring in Accounting, while Sebastian is pursuing his Business Degree.  

In the summer of 2007, they both returned to their village. Though Sebastian lost his father during the war and Mathon lost his mother, they were reunited with their surviving parents after 18 years apart. They were dismayed to find their village in poor condition, with no roads or clean water. The children of the village were being taught under a large tree, because the school had been destroyed.

Since that visit, they have been passionately committed to helping rebuild hope in their village by building a school to provide a basic education for the children. Their efforts have raised thousands of dollars through BMISS and built a new school that now serves more than 800 children. They have begun to build a second, eight-room all-girls school in Majok Keen, four miles from the Ajong Primary School. Three hundred girls are already signed up and it is projected that it will also house 800 girls.

The school's Rotary Interact Student Club organized the event and also made a donation to the BMISS at the end of the event. The Interact students will sell paper bricks the rest of the week in lunches to students or staff for $1 to raise more money to give to the organization. The sold bricks will be hung as a visual reminder about the support.

Photos and info submitted by Principal Tim McArdle.

St. Joe's students give generously to animal shelter in Albion

By Howard B. Owens

Students in the sixth, seventh and eighth grades of the Saint Joseph School in Batavia, all members of the National Junior Honor Society, collected useful items and monetary contributions for the PAWS Animal Shelter in Albion over the course of two weeks. All SJS students and their families donated pet items, pet food, cleaning supplies, and money to the fundraiser. Friday, the NJHS members delivered more than 300 items and $150 to PAWS.

Info and photo submitted by Alicia Palmer.

Genesee Chorale announces 'Meet Me at the Movies!' performance for June 5

By Howard B. Owens

Press release:

As we watch our favorite films, it is often the music that brings to life what we see on the screen. A soundtrack can tug at your heartstrings, incite a fit of giggles, bring tears to your eyes, or put you on the edge of your seat. Ric Jones, musical director of the Genesee Chorale, has created a performance that takes those moments off the screen and brings them to a live audience.

The Genesee Chorale invites the community to "Meet Me at the Movies"! This performance will feature a multimedia presentation of movie clips followed by a live performance of featured songs by individual singers, small ensembles, and the entire 60-member Genesee Chorale.

Song selections will come from some of your favorite movies, including "Grease," "The Bodyguard," "O Brother, Where Art Thou?," and many more. This performance will also feature the Genesee Children’s Chorus, directed by founder Heather Lovelace. The Children’s Chorus will be performing songs from "The Sound of Music" and Disney Pixar’s "Brave."

“The last time the Chorale performed 'Meet Me at the Movies!' the event sold out,” Jones said. “The community’s response was overwhelming and we have so much great music to choose from in films, we couldn’t resist doing a second performance!”

This exciting event will take place at 4 p.m. on Sunday, June 5, at Northgate Free Methodist Church, North Campus. It is located at 8160 Bank Street Road in Batavia.

Refreshments will be available for purchase by concertgoers at the concession stand. Presale tickets cost $8 and can be purchased from any Chorale member or online at www.geneseechorale.com. Tickets will also be available at the door for $10.

City firefighters announce 'Fill the Boot' campaign for June 3

By Howard B. Owens

Members of the Batavia City Firefighters from IAFF Local 896 will fan out across the streets with boots in hand for this year’s drive on Friday, June 3rd.

Batavia’s Fill the Boot drive is organized by firefighter Chris Morasco. 

“In 2015, our members with the generous help of the community were able to raise $7,523 for the MDA! We are going to try our best to top the $10,000 mark for this great cause," Morasco said.

The event is from 8 a.m. to 1:30 p.m. on Main Street and Court Street and at Ellicott Street and Court Street.

Pictured with city firefighters are Patti Arroyo and her daughter Zoey.

They are a local family that has been touched by the MDA directly. They met with firefighters to explain how the MDA has helped them. 

"It was a great opportunity to put a face to the cause and see that our efforts are truly making a difference and changing lives," Morasco said.

Young family of four happy to finally move into new Habitat home on Pearl Street, Batavia

By Howard B. Owens

It was a long journey for James and Jessica Maskell and their two young children, Bailey and Sophie, to finally get to the day where they could move into their new home on Pearl Street.

The journey started long before the Maskells even knew they would get a home through Habitat for Humanity, when City Manager Jason Molino guided Habitat's Jessica Maguire-Tomidy and P.J. Riner through the house and Riner argued against Habitat taking on the project. 

The house was such a mess, but according to Riner's account, Molino pressed the issue and Maguire-Tomidy agreed they should give it a try.

"The city is instrumental in its vision in developing these homes and these neighborhoods," Riner said. "Jason has brought that vision to fruition here in this home. He walked us through and I said, 'no.' I think it was the first time I ever said no to a house. This house looked terrible, but after we got started on this house, we found there was much here to be saved."

He said the house has a great floor plan, had a solid structure and turned out to be worth saving.

"I actually like doing these rehabs more than the new builds," he said. "These houses have more character and more space."

The long journey included hundreds of hours of volunteer labor from people throughout the community and students from RIT and thousands of dollars in donated material from area businesses.

"We after week, they show up when it's raining, it's snowing, it's cold, it's hot and they do the hard and very important work of building the actual house," Maguire-Tomidy said.

James Maskell said he and his wife were so grateful to all the volunteers and the donors that made their new home possible.  

"We really didn't expect this to happen," Maskell said. "When we first signed up, we thought, why not give it a chance, and now, here we are."

Like all new Habitat homeowners, James and Jessica also pitched in on the rehab effort as their down payment on their mortgage.

"When we hand over a project like this that's complete, we feel like we've made a difference not only the in lives of the family but in the community we live in, Maguire-Tomidy said.

Sheriff's Office investigation theft from memorial built for twins killed in fire on State Street Road

By Howard B. Owens

Somebody vandalized and stole items from a growing community memorial at 8157 State Street Road, Batavia, the site of Friday's fire that claimed the lives of 2-year-old twins Michael J. Gard and Micah G. Gard.

The Sheriff's Office is investigating the crime and are asking for the public's assistance in identifying the perpetrator.

Stolen were a decorative fire extinguisher, a teddy bear and a white cross, approximately two feet high.

The cross and teddy bear were placed there Saturday by Richard Frazier, who said the cross had been a temporary marker on his grandmother's grave and the teddy bear had belonged to his grandmother.

Other memorial items were located strewn along the shoulder of State Street Road, indicating the person or persons responsible for the theft departed on foot south, toward the City of Batavia.

There was a memorial service at the site last night and the theft was discovered this morning.

Anyone with information should contact the Sheriff's Office at (585) 343-5000.

UPDATE 2:45 p.m.: The Sheriff's Office released the following statement:

The family reports that the cross and teddy bear have been returned to the memorial. They were taken by another family member to add some additional decoration and were not, in fact, stolen. The affected family is satisfied with these circumstances and consider the matter resolved, and is grateful for the assistance of the public in this matter.

Previously:

Brush fire reported next to Thruway

By Howard B. Owens

A brush fire reported along the Thruway in the area of mile marker 390, on the eastbound side.

Dispatchers say they've received numerous calls with size estimates ranging from two feet by two feet up to 20 feet wide.

East Pembroke fire is responding.

UPDATE 10:17 a.m.: A retired trooper who lives in the area has told dispatchers that the only thing he is seeing is a large tractor kicking up dust.

UPDATE 10:20 a.m.: A chief on scene says there was a small fire, but it's out. Somebody put it out with a fire extinguisher.

Suspects in smoke shop robbery attempt arrested and arraigned

By Howard B. Owens

The man and woman accused of attempted robbery at the Smoke Rings Smokeshop early Friday morning were arrested today in Johnstown based on a tipster who saw a picture of the male suspect online.

They were arraigned in Alabama Town Court this evening, each on one count of attempted robbery in the second degree, and both were ordered held without bail pending court appearances at 2 p.m., Thursday, June 2.

Charged were Jeremy J. Reynolds, 34, of Johnstown, and Mitsydawn Souza, 26, of St. Johnsville.

Sitting in court awaiting their arraignment before Justice John Tauscher, Reynolds and Souza discussed the case and Souza made several statements about her own personal situation.

They spoke openly, even after Tauscher advised them that everything they said in the courtroom was being digitally recorded by an audio recorder and a video recorder and that their statements could be used as evidence against them.

Souza cried during the entire conversation and made declarations to a deputy about how she couldn't read the court documents, that she had learning disabilities and mental and physical health problems. Reynolds read portions of the documents to her.

She cried several times that she had never been arrested before, that she had never been in any kind of trouble.

"I've never even stolen a candy bar before," she said. "Now I'm in so much trouble."

When Reynolds read the part of the charge that said they demanded nothing, she said, "I didn't demand anything," and he said, "I didn't demand anything either."

She said, "you told me you just wanted to scare a friend," and he said he didn't tell her that, but that he intended to get shot.

When he was arraigned, he interrupted Tauscher several times, trying Tauscher's patience. Once he said he needed a court-appointed attorney, Tauscher said the arraignment was over, and Reynolds said he wanted to proceed with the arraignment. Tauscher said once he asked for an attorney, the arraignment was over.

Reynolds wanted to know if he could get bail, but Tauscher said that because Reynolds allegedly has two prior felony convictions, he couldn't grant bail in any amount even if the D.A. wasn't requesting Reynolds be held without bail.

Reynolds walked into court carrying his crutches and with his left leg in a cast. He was apparently injured in the scuffle at the smoke shop.

Both Reynolds and Souza were provided with witness statements of the two smoke shop employees who were working when they reportedly entered the store.

As Reynold's read the statement, he told Souza that one statement didn't say the same thing as a statement he claimed to have read earlier. He said he had seen another statement and the person making the statement, "said I had blond hair and blue eyes."

He asked Tauscher if he could get a copy of that statement and Tauscher told him that was an issue to take up with his attorney.

The two store employees, one a Batavia resident and the other an Alabama resident, provided deputies with mostly similar statements about the events that started at 2:42 a.m., Friday.

Two people, both wearing camouflage entered the store, with the man carrying a rifle that may have looked like an M-16, and the woman carrying a pistol. They pointed the guns at one clerk (the other was in a back room) and yelled, "freeze mother (bleep)" (the same term of endearment Reynolds directed at a photographer this evening outside the courthouse).

The couple pushed the first clerk into a back room and tied his hands with zip ties. Then the second clerk came up behind the male suspect and grabbed him and a fight ensued. The red wig he was wearing fell off and the gun he was carrying dropped to the ground, at which point both clerks realized the gun was a fake.

The woman ran from the store, and the clerk with his hands tied, tried to chase her, and during the chase managed to free himself.

The woman got away and he returned to find the male suspect hitting the other clerk in the head with the butt end of the fake M-16. He put the suspect in a choke hold, then when he was indicating he couldn't breathe, the other clerk told him to let him go.

They wrestled him into a chair.

He jumped up and ran into a window. One account says the window broke, the other says he bounced off it. After getting him back in the chair, the suspect again bolted for the window. This time, he made it partially out the window and the two men held him dangling by his legs. The suspect, they said, produced a knife and tried to cut them, so they let him go.

One of the clerks tried to chase the suspect, but he ran into the woods and got away.

When Reynolds and Sousa were discussing the statements, Sousa said investigators had shown her a video of the alleged attempted robbery, but Reynolds said he hadn't seen the video.

"It shows that I did it," she said.

Children in State Street Road fire died of smoke inhalation, believed home alone at time

By Howard B. Owens

An autopsy conducted this morning on the twin 2-year-olds who died last night in a fire at 8157 State Street Road, Batavia, indicate the boys died of smoke inhalation.

The Sheriff's Office also announced investigators believe the children were home alone at the time.

Last night witnesses, including the landlord, said the mother is believed to have left the house to go to the store for milk.

The boys are identified as Michael J. Gard and Micah G. Gard. The name of the mother has not been released.

The fire was reported at 9:59 p.m. when a resident of the upstairs apartment returned home and saw smoke and flames coming from the rear of the structure.

The boys were in a first-floor bedroom at the back of the house.

The Sheriff's Office said deputies were the first on scene but were unable to enter the structure because of heat and flames.

Firefighters arrived soon afternoon, knocked back the fire quickly, and located the boys, who were already deceased. 

The cause of the fire has not been determined and the investigation is ongoing.

The investigation is being conducted by the Office of Emergency Management, Town of Batavia Fire Department and the Sheriff's Office.

The Sheriff's Office reports that more information will be released as it becomes available.

Previously:

Hawley & coalition slam Cuomo's plan to allow farmworker unionization

By Billie Owens

Press release:

Assemblyman Steve Hawley (R,C,I-Batavia) joined Assemblyman Bill Nojay (R,C) and a coalition of lawmakers speaking out against the governor’s decision to not fight a lawsuit relating to the unionization of farmers. The governor’s decision to not defend the complaint, filed by the New York Civil Liberties Union in the State Supreme Court, effectively endorses unionization of farmworkers in New York State, a policy that those in the agriculture community say is not wanted or necessary. In fact, due to the individual climate and environmental concerns of each state affecting their growing season, the federal government specifically excluded farmworkers from the National Labor Relations Act in 1935.

“As the former owner of our family-owned farm, former Genesee County Farm Bureau President and having served on the Assembly’s Agriculture Committee since I was elected in 2006, I can attest to the daily struggles of our farm community. The governor’s decision to support unionized farm labor, coupled with a $15 an hour minimum wage, will be absolutely devastating to Western New York’s agriculture industry,” Hawley said.

“For decades our communities have been crushed by the state’s economic policies and the unionization of farmers will only push our family farms closer to the brink,” said Nojay. “Throughout his tenure Gov. Cuomo has demonstrated a total lack of respect for Upstate’s economy by repeatedly pushing policies, from GMO labeling to the $15 minimum wage, that have had a disastrous effect on our family farms and agricultural communities. The efforts by these wealthy labor unions will not only kill businesses and family farms but continue the exodus of Upstate families to less economically oppressed regions of the country. Agriculture is the foundation of our state’s entire economy and we must give our farming families and communities the attention and support they deserve.”

“Here in Western New York, farmers work extremely hard to develop positive and long-lasting relationships with their farm hands and seasonal workers. Unionization would only add another level of bureaucracy to a system that is not broken, and further complicate the ability of our state’s small family farms to succeed,” said Assemblywoman and Minority Leader Pro Tempore Jane Corwin (R,I,C-Clarence).

Assemblyman Marc Butler (R,C-Newport) said, “Leave it to New York City politicians to get it all wrong about agriculture and family farmers. Gov. Cuomo and others like him have done much to vilify the family farmer. Not only have he and the Assembly Majority increased the minimum wage and operating costs for these important rural job providers, now the governor is joining special interest groups that are trying to force family farms into unionized shops. I will work diligently to block any efforts from the governor or anyone else who tries to impose a New York City progressive agenda on our upstate family farmers.”

Assemblyman and Chairman of the Assembly Minority Conference Clifford W. Crouch (R-Bainbridge), a former dairy farmer, said, “To say that this would be devastating to our farming industry would be an understatement. Over the years it has become very clear that advocates of unionizing farm workers, who predominantly have downstate interests, neither understand the relationship farmers have with their employees nor the negative repercussions this would have on our small family farmers. I have visited and spoke to many farm employees across the state – from Buffalo to the North Country, to the Southern Tier and Long Island.

"In those travels and to date, not one employee or farmer I have spoken to has expressed the need or desire for what is offered by unionizing their employees. With already tremendous expenses - including grain, feed, seed, equipment, workers’ compensation, unemployment benefits, property taxes, energy expenses, and transportation – compounded with the recent minimum wage increase, how are family farmers expected to survive?

"Unionized farm employees may make sense for states like California that have a year-round growing season, but not in New York. Let’s call it what it is: a money grab by organized labor and their political counterparts in state government to gain an extra 35,000-40,000 new members paying union dues. The government should not be telling family farmers how to operate, especially when its policies will lead to closures of those farms. When there are no farms left, what will be the cost of food and where will it come from?”

“Gov. Cuomo’s next chapter in his war on upstate seems to be financially crippling our family-owned farms. Farmers have just recently begun learning how to absorb a $12.50 minimum wage hike upstate and a cut to agriculture local assistance that New York City politicians slammed down their throats, and now they want to force union mandates on them,” said Assemblyman Steve McLaughlin (R,C,I-Troy).

UPDATED: Oakfield's Williams family one of 36 selected nationwide as 'Lemonade Days Hero Reps' to help cure kids with cancer

By Billie Owens

Press release:

Oakfield resident and Childhood Cancer Hero, Brady Williams and his family, have been selected as Lemonade Days Hero Reps!

Alex’s Lemonade Stand Foundation selected 36 families across the country as ambassadors for their national fundraiser in June. Each family symbolically represents the 36 children diagnosed with cancer daily in the United States. 

Alex’s Lemonade Stand Foundation (ALSF), a nonprofit dedicated to finding cures for all kids with cancer, has selected 36 families across the country to take a “stand” against childhood cancer as Lemonade Day Hero Reps during Alex’s Lemonade Days, June 10-12.

The 36 Lemonade Days Hero Reps symbolically represent the 36 children diagnosed with cancer every day in the United States. Each family has been personally impacted by childhood cancer and will spread awareness about the ongoing childhood cancer fight by sharing their personal journeys.

These 36 families show that childhood cancer occurs regularly, randomly and spares no ethnic group; socioeconomic class; or geographic region. As a part of their Lemonade Days Hero Family duties, the families will each hold a lemonade stand during Alex’s Lemonade Days, spread awareness of their initiatives to their communities and enlist community members to host their own stands.

Meet the Williams Family

“Brady is the best brother in the world,” says his brother, Eli.

Brady Williams, diagnosed with neuroblastoma in 2009, is one in a set of triplets: Cara and Eli, ages 9. They also have a younger sister, Allison, age 7. The Williams family wants others to know that the impact of childhood cancer does not end when treatment ends. But Brady is optimistic saying, “Someday I will help make the world a better place!”

Alex’s Lemonade Days commemorates 8-year-old Alexandra “Alex” Scott’s challenge to help her raise $1 million for childhood cancer cures, one cup of lemonade at a time. With help from volunteers across the country, Alex reached her million dollar goal before losing her life to cancer in August 2004.

“Just like the Williams Family, our family knows firsthand just how personal the fight against childhood cancer is,” said Liz Scott, co-executive director of ALSF and Alex’s mom. “Our daughter would be honored to know that these 36 families will continue her legacy by literally taking a stand against childhood cancer and inspiring those in their community to come together toward finding cures.”

Now every year, volunteers are invited to host lemonade stands over the course of these three days in June to continue Alex’s mission and bring renewed attention to the fight against childhood cancer. Since 2004, more than 22,000 Lemonade Days stands have been held nationally, raising over $12 million. This year, the Foundation hopes to reach the 25,000th Lemonade Days stand.

Participants are encouraged to show support through social media utilizing #LemonadeDays on Twitter, Instagram, Facebook and more.

For more information on Alex’s Lemonade Days and to sign up to host a lemonade stand visit AlexsLemonadeDays.org.

***UPDATE JUNE 2: The Williams’ lemonade stand is from 9:30 a.m. to 7 p.m. on Friday, June 10, at Valle Jewelers, 21 Jackson St., Batavia.

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