Skip to main content

news

Genesee County Sheriff William A. Sheron Jr. announces that K9 Frankie has received donation of body armor

By Billie Owens

Submitted photo and press release:

Genesee County Sheriff William A. Sheron, Jr. is pleased to announce that K9 Frankie has received a bullet and stab protective vest thanks to a charitable donation from non-profit organization Vested Interest in K9s, Inc. and private citizen donors. The vest was embroidered with the sentiment “In memory of GS-29”.

Vested Interest in K9s, Inc. is a 501c(3) charity located in East Taunton, MA whose mission is to provide bullet and stab protective vests and other assistance to dogs of law enforcement and related agencies throughout the United States. The non-profit was established in 2009 to assist law enforcement agencies with this potentially lifesaving body armor for their four-legged K9 officers. Since its inception, Vested Interest in K9s, Inc. provided over 3,500 U.S. made, custom fitted, NIJ-certified protective vests in 50 states, through private and corporate donations, at a value of $6.9 million dollars.

The program is open to dogs actively employed in the U.S. with law enforcement or related agencies who are certified and at least 20 months of age.New K9 graduates, as well as K9s with expired vests, are eligible to participate.

The donation to provide one protective vest for a law enforcement K9 is $950. Each vest has a value between $1,744 – $2,283, and a five-year warranty and an average weight of 4-5 lbs. There is an estimated 30,000 law enforcement K9s throughout the United States. For more information or to learn about volunteer opportunities, please call 508-824-6978. Vested Interest in K9s, Inc. provides information, lists events, and accepts tax-deductible donations of any denomination atwww.vik9s.orgor mailed to P.O. Box 9 East Taunton, MA 02718.

'A life sentence of eternal sadness' for Paladino family; 20-years-to-life for the man who killed him

By Howard B. Owens

Michael Paladino, who would have turned 44 years old today had he not been murdered by Quinten J. Edmonds on June 1, 2019, was remembered today in County Court as a loving son, brother, and father, but his aunts and mother, who each asked that Judge Charles Zambito give the lifelong criminal the maximum prison term available.

And so Zambito did, 20-years-to-life.

There was no expression of sympathy from the judge, even in response to an apology from Edmonds -- who didn't just react in the heat of the moment to Paladino's attempt to protect two women Edmonds was attacking: he took the time and effort to go to the apartment of an acquaintance on Ross Street and retrieve a knife.

“For whatever reason, you thought you had a score to settle with him," Zambito said. "You say you didn’t intend to kill him but when you stab somebody that many times with a knife, I don’t see how it can be reasonably viewed that you didn’t know he wouldn’t die from those injuries.”

Edmonds had told Zambito minutes before, "I take full responsibility for what happened and I apologize to the victim’s friends and family and to my family. This isn’t who I was raised to be and I didn’t intend to take anybody’s life that night. I was drinking and I took the situation too far and I’m sincerely sorry."

Family members said they will never recover from the death of Paladino.

"The loss of Michael has hurt our family beyond words," said Carol DiFrancisco, an aunt. "There are no more birthday parties, backyard parties, holidays, or other gatherings that will be the same. Our family is forever broken."

At the close of her statement, she said, "Quinten Edmonds has given Michael’s loving family a life sentence of eternal sadness.”

His aunt Nancy Elmore said, "He was a big man, not just from a physical standpoint but from the kindness of heart. His actions on June 1, 2019, will tell you that. Rendering aid to people he didn’t even know without regard to his own safety shows he was a kind, gentle, caring man."

The sister of Paladino's mother, Barbara Fay, read a statement on her behalf.

She said, "The pain will never go away for any of us. I don’t know how I could survive this if not for my loving family you see here. It helped me survive and pushed me forward."

She called Edmonds a brutal criminal who has no regard for human life.

"He should never walk free again to repeat his actions."

The family vowed to show up at his first parole hearing in about 20 years to oppose his potential release.

Throughout today's hearing, except when he was speaking, Edmonds sat motionless in his chair at the defense table and stared straight ahead. He never looked at any of the other speakers.

District Attorney Lawrence Friedman also asked that Edmonds be shown no leniency in sentencing. He questioned Edmonds' claims that he was too intoxicated to know what he was doing and that he didn't intend to kill Paladino.

“He said he got the knife to scare Mike," Friedman said. "He didn’t need to scare Michael Paladino. He was the aggressor in this case and when he got to the corner he could have left. He did not and he got the knife because he intended to kill Michael Paladino."

Edmonds claims he was intoxicated, Friedman explained to Zambito, but he had the presence of mind to know to go to a residence he had been to before. He knew the residence well enough to know where to find a knife in the kitchen. Later, when Edmonds recounted events in his interview with a probation officer, he recalled details that are consistent with what witnesses said and the police investigation showed.  

“There is no indication he was so intoxicated that he was incapable of planning a murder," Friedman said.

Friedman said Zambito's decision was all about how long he wanted to protect society from a person who is committing such a horrible crime.

Defense Attorney Fred Rarick did not request for his client anything other than the sentencing recommendation agreed to at the time of Edmonds' guilty plea in August. He says, however, while acknowledging that his statement would be subject to misinterpretation, that perhaps something good could come from the events of June 1: That rather than first jump into a situation where people are fighting and yelling, people should call 9-1-1 first. If Paladino had done that, Rarick said, perhaps this whole outcome could have been avoided.

That drew a bit of a rebuke from Zambito when he spoke.

“I trust Mr. Rarick is not trying to blame Michael Paladino because that would be an injustice.”

Zambito acknowledged that Edmonds had a difficult childhood. He didn't have a father. His mother struggled to raise him but, Zambito said, Edmonds had a "loving grandmother who tried to raise him right."

Even so, Edmonds' criminal history became when he was 12 years old and he then spent the next 20 years either confined or awaiting confinement.

“You had many opportunities to deal with those issues, issues you had to know you had, and you never did," Zambito said. "That one is on you. It’s one thing to say you come from a difficult background, you were brought up in difficult circumstances. But life isn’t fair and at some point you had to recognize you have a problem. You don’t deserve to live in the community. You’re too much of a risk, too much of a danger to the rest of us and to people like Michael Paladino.”

NOTE: At the end of the proceedings, DA Lawrence Friedman informed the court that during the pretrial sentencing investigation, a records check in Monroe County by the probation department found that the correct spelling of the defendant's first name is "Quinten." He moved to have all court documents corrected. Contrary to previous reports, we've used the spelling "Quinten" in this story.

Car fire with explosions reported in Pavilion

By Howard B. Owens

A vehicle fire is reported at 6973 Ellicott Street Road, Pavilion.

There are reports of explosions. 

The vehicle is next to a structure.

Several callers report flames showing.

Pavilion fire dispatched.

Sentencing delayed for man who pled guilty in Amber Alert case

By Howard B. Owens

A man accused of taking a teenage girl across state lines was scheduled for sentencing in Genesee County Court today but when his appearance time came, he wasn't in court.

It turns out Guillermo Torres-Acevedo was confused about his sentencing agreement and didn't want to appear until he spoke with the attorney representing him in Federal Court.

He couldn't reach his attorney, Alexander J. Anzalone, a Federal public defender, who was away from his phone because he was in County Court waiting for Torres-Acevedo.

Once the confusion was cleared up, Torres-Acevedo was transported by a deputy from the jail to the courthouse.

Torres-Acevedo was not sentenced today because he has not been sentenced yet in Federal Court, where he's facing from 70 to 96 months in prison.

The 23-year-old Batavia resident, who entered a guilty plea in early December to rape in the second degree, apparently thought he couldn't be sentenced in County Court until after he was sentenced in Federal Court; however, that wasn't the actual plea agreement. His sentencing locally was delayed until after his originally scheduled appearance before a Federal judge but there was no promise that his sentencing would come after that appearance.

His local attorney, Thomas Burns, asked that sentencing for Torres-Acevedo be delayed not just because a locally imposed sentence could affect the upper end of the possible sentence in Federal Court, but also because there are documents he and Anzalone are trying to obtain that could impact the decisions of the judges in both jurisdictions on the defendant's possible sentence.

Burns said both attorneys recently became aware of information that indicated Torres-Acevedo was neglected and abused as a child in Puerto Rico.  Both attorneys are seeking time to obtain documentation from Puerto Rico that would substantiate this claim and that information could have a bearing on sentencing.

Judge Charles Zambito granted the request to delay sentencing to 9 a.m. April 20 but warned Torres-Acevedo that he wouldn't wait indefinitely for the documents to be produced or for a Federal judge to issue a sentence. Zambito said he could very well go ahead with sentencing in April even if the other issues haven't been resolved.

As a precaution, at the request of District Attorney Lawrence Friedman, Zambito signed a "drag order," giving deputies permission to bring Torres-Acevedo to court by force if necessary on April 20. Burns didn't oppose the order but said that since today's initial refusal to appear was just a misunderstanding he was certain the drag order would be unnecessary. 

Support Local News. Support our Court Coverage. Become a SUPPORTER.

Two Rochester men released without bail after allegedly fleeing police appear in City Court today as ordered

By Howard B. Owens
     Denzell Johnson        Shafatiah Miller

Two Monroe County residents, Denzell Johnson and Shafatiah Miller, fled police in the area of Ellicott Street and South Swan one night last month following an attempted traffic stop.

They were eventually captured and Johnson was charged with criminal possession of a weapon on school grounds, obstruction of governmental administration and unlawful fleeing a police officer.

Both men, under the terms of New York's bail reform initiative, were issued appearance tickets.

Social media wags said it was the last we would see of them in Genesee County.

Today, promptly at 1 p.m., they were both in City Court for their arraignments.

Both entered not guilty pleas and were ordered to return to court on March 12.

Judge Durin Rogers placed them on nonmonetary restrictions, such as a requirement to report to Genesee Justice and to report in as requested by the agency. Miller was given a curfew for 7 p.m. to 6 a.m.

Both were admonished that failure to comply with the court order could result in additional nonmonetary restrictions.

Video: A conversation with Steve Hyde about economic development in 2020

By Howard B. Owens
Video Sponsor
.pane-node-body img {background: none !important; border: 0 !important; margin: 0 !important; padding: unset !important; padding-left: 1px !important } broadstreet.zone(69076)

Last week, we sat down with Steve Hyde, CEO of the Genesee County Economic Development Center, and talked about the state of economic development here in 2020.

Here are some key quotes:

On developing Downtown:

One of the keys that we're in today is our industrial development activities are almost outpacing some of our other readiness elements in our community. And I'm talking about placemaking. I'm talking about housing. I'm talking about live, work and play activities in our gut and our population centers and our downtowns. That's part of the reason why we've become very invested in a lot of the downtown revitalization initiative activities and projects. 

On the future of WNY STAMP:

We're really kind of focusing our target marketing on the site between the north campus, which is 850 acres, and the south campus, which is about 400. By the end of this year, the south campus is going to be shovel ready. What that's going to allow us to do is really dial in our marketing. We're going to focus on food and beverage in the southern part of the campus and warehousing and distribution, because the capacities of what's going to be shovel ready as far as water, sewer, electric, meet the needs of those industries. So we're going to really focus on those industries, diversify the focus, still focus on clean tech and tech up in the north campus. 

On the challenges of economic development in New York:

Upstate New York has been in decline for 50 years and many people say it. But that's part of the reason why you have to swing for the fences on big industrial development projects. You know, the only way that you're going to bring yourself out of a situation where you're gonna turn that economy around, you're gonna have a chance to change the trajectory of your economic cycle is by doing things differently, swinging for the fences. And in our case, we have this advantage at the stamp site, and the ag park is kind of proof positive that you can do it at scale. We've had a lot of success at the AG Park, which has proven, I think to a lot of the investors at the state level that STAMP can work.

On Ellicott Station:

We are down to three months away from hearing about Ellicott Station. One of the biggest challenges with Ellicott Station was the time it took to get here where we are today. The problem was, we set ourselves up because that big announcement back in March of 2016 that, you know, Severino Companies was chosen. Yeah, they were chosen. That was exciting. But I think it was we kind of did it to ourselves. We portrayed that as ready to break ground. It wasn't. That was just the developer being selected. There wasn't a dollar aligned with it. That's part of the reason why we've engaged so fully in that project, to do all we can to try to help that project get funded. 

On the importance of the Muckdogs to economic development:

The Muckdogs play right into what I've been almost screaming about, right? It is getting lifestyle energized back in our community. And they offer one of those special attractions for folks of all ages, including the millennials, that we need to come here and work in these growing businesses, to have a lifestyle experience. I mean, what is another example of Americana but sitting out in the summer night and seeing fireworks and having a hot dog and hanging out with a beer or a soda, whatever your preference is, and enjoying a good summer American night with a professional baseball? 

It takes a lot of work to bring you in-depth coverage of business issues in Genesee County. Help support our efforts. Please click the "Become a Supporter" button below.

Graphic Arts Program grad and his students at Batavia CTE Center earn kudos

By Billie Owens

Photo and information from Genesee Valley Educational Partnership.

Step inside Doug Russo’s classroom at the Batavia Career and Technical Education Center and you will see a plethora of computers, all outfitted with the latest graphic design software.

It is a point of pride for him after spending the last six years at his alma mater (Class of '88) revamping the Graphic Arts curriculum and upgrading the equipment.

Prior to that, his career path after high school graduation took him many places -- as owner of a printing company, and also a partner in a pizzeria where he was responsible for the marketing and advertising.

Russo also served on the Advisory Board for the Graphic Arts Program. When a colleague told with him that longtime Batavia CTE Center Graphic Arts instructor Joe Burnett was set to retire, Russo decided teaching was the next step to further his professional goals.

After he successfully went through the hiring process and landed the job, he got busy making improvements so juniors and seniors can learn cutting-edge skills for an ever-evolving workforce.

The two-year Graphic Arts Program, like the majority of those at CTE, is project-based.

“The framework of the Graphic Arts curriculum is designed to provide students with the knowledge and foundational skills to continue their journey into higher education and explore, as well as, pursue career opportunities," Russo said.

Students also learn marketing and business principles in the class.

“My goals are for students to enter a safe environment, not only to obtain graphic art skills but also have the ability to gain self-confidence, problem-solve, be creative and innovative, and learn to collaborate with others,” Russo said.

“Ultimately, I want to guide students towards building a foundation for higher-order thinking, and my curriculum strives to promote lifelong learning of highly transferrable skills.”

Inspiring students is one of Russo’s strengths. Recently, two of his students were recognized as winners of logo contests.

“Chloe Schnitter won a logo contest for GLOW Woman Rise organization and Fanny Venegas's cover design was selected for the Rochester International Auto Show publication that will be held in Rochester...in March of this year,” Russo said. 

Russo is proud of his students’ successes; one student's success is particularly extraordinary.

“A few years back we had a student who had limited eyesight and was legally visually impaired," Russo said. "His name was Thomas Buboltz and he attended the New York State School for the Blind. Thomas came to class every day, worked hard, and did not let his disability defeat him.

"Due to his hard work and his accomplishments, Thomas was inducted into the National Technical Honor Society. A great day for Thomas occurred when he was interviewed by Doug Emblidge, news anchor from WHAM TV13, about his successes in the Graphic Arts Program.”

Russo’s commitment to helping his students succeed is evident not just in the awards and recognition they receive, but in his promise to them.

“The most important thing I want students to learn, regardless of their background, is that education is an investment in their future and learning never stops,” he said. “Learning and hard work will pay dividends. It's a way to overcome those challenges they face and a way to accomplish their goals.”

In January, Russo was recognized at the Genesee Valley School Boards Association’s (GVSBA) annual Legislative Breakfast for his dedication and commitment to his students.

“This award was designed to highlight programs that are unique and beneficial for students that go above and beyond what is required and provide a service that is needed,” said Patrick Burk, GVSBA executive director.

Photo: Doug Russo, Batavia CTE Center Graphic Arts instructor (center) surrounded by his afternoon class.

About the Batavia Career and Technical Education Center

It is a program of the Genesee Valley Educational Partnership. The Partnership operates as a Board of Cooperative Educational Services offering shared programs and services to 22 component school districts located in Genesee, Wyoming, Livingston and Steuben counties in New York State.

President Trump endorses Chris Jacobs for NY 27th Congressional District

By Billie Owens

Press release:

BUFFALO – United States President Donald J. Trump endorsed Republican Chris Jacobs in his candidacy for the 27th Congressional District of New York.

In a Twitter post President Trump said, “Chris Jacobs will be a great Congressman who will always fight for the people of New York. He supports our MAGA Agenda, will continue to Secure our Border, Loves our Military, Vets, and is Strong on the 2A. Chris has my complete endorsement for the Special Election on 4/28!”

“I am deeply honored and humbled to receive President Trump’s endorsement," Jacobs said. "I appreciate his trust and stand to join him in the fight against socialism and to help him enact his America First Agenda to rebuild our military, grow the economy, and finally secure our borders."

Expect gusty winds this afternoon and tonight

By Billie Owens

A Hazardous Weather Outlook was issued this afternoon by the National Weather Service office in Buffalo for portions of Western New York, including Genesee County. This afternoon and tonight south winds may gust in the 35 to 45 mph range, especially along the Lake Erie shore and across higher terrain.

Batavia Downs records highest ever weekly, daily handle, plus record number of jackpots, payouts

By Billie Owens

Press release:

Officials from Batavia Downs Gaming & Hotel announced the week ending on Sunday, Feb. 16th, was the busiest week in its history. With more than $18.5 million in Credits Played for the week, Batavia Downs paid out over $17.3 million in Credits Won, including 740+ Jackpots.

Four jackpots in excess of $20,000 were won, including amounts of $28,543; $24,340; $21,131; and $20,106.

Saturday was the busiest day in the history of Batavia Downs Gaming with Credits Played topping $4.18 million credits, paying back $3.85 million credits to guests.

“We are excited to achieve these new benchmarks,” said Henry Wojtaszek, president and CEO of Batavia Downs Gaming. “While the Valentine’s holiday, ticket giveaways, cash and tech gadget drawings certainly attributed to our record numbers, the most prominent reason was the Legends and Stars Autograph and Sports Memorabilia Show.

"Our guests do love their sports as we’ve seen through the popularity of our suitestakes ticket giveaways. Given the chance to meet their heroes in person, Western New Yorkers showed up in droves.”

The Autograph and Memorabilia show ran Saturday and Sunday and had record number of attendees due to the appearance of high-profile former and current athletes, including Michael Irvin, Ricky Williams and Josh Allen.

The record week at Batavia Downs meant more monies would go back to State Education through the New York State Lottery, which Batavia Downs pays into daily.

“During our record week, the facility generated over $616,000 for New York State education though our New York State Lottery contribution,” said Jacquelyne Leach, chief financial officer for Batavia Downs.

“Through Sunday, Batavia Downs has contributed over $3.9 million to New York State education in 2020 alone.”

About Batavia Downs/WROTB

Owned and operated by 15 Western New York counties and the cities of Rochester and Buffalo, Western Region Off-Track Betting Corporation is a public benefit corporation with headquarters in Batavia. WROTB owns and operates 17 branches, as well as Batavia Downs Gaming, a standard bred racetrack and gaming facility.

Since its inception, Western Region OTB has generated over $232 million in operating and surcharge revenues to the taxpayers of those participating municipalities.

Police chief reminds citizens to steer clear of dangerous driving habits

By Billie Owens

Press release:

The Department has received several requests for information related to traffic concerns in the City of Batavia, the following touches on the most common areas of concern.

The Department conducts regular traffic enforcement details that focus on these areas of concern as well as others.

SPEEDING

Speeding endangers everyone on the road: In 2018, speeding killed 9,378 people in the United States. Speed limits are put in place to protect all road users.

Consequences

Speeding is more than just breaking the law. The consequences are far-ranging:

  • Greater potential for loss of vehicle control;

  • Reduced effectiveness of occupant protection equipment;

  • Increased stopping distance after the driver perceives a danger;

  • Increased degree of crash severity leading to more severe injuries;

  • Economic implications of a speed-related crash; and

  • Increased fuel consumption/cost.

DISTRACTED DRIVING

The practice of driving a motor vehicle while engaged in another activity, typically one that involves the use of a mobile phone or other electronic device.

Consequences

Using a cell phone while driving creates enormous potential for deaths and injuries on U.S. roads. In 2017 alone, 3,166 people were killed in motor-vehicle crashes involving distracted drivers.

TRAFFIC SIGNS/LIGHTS

The Federal Highway Administration claims that roughly 45 percent of car collisions take place at a road intersection and the cause is usually related to running a stop sign or running a stop light. This means tens of thousands of car accidents occur because a driver fails to stop at a red light or stop sign and collides with another motor vehicle in the United States every year. With more and more people driving, we are dependent on red lights to keep us safe, and it only takes one mistake to cause a serious injury or fatality.

Causes of Traffic Light Related Accidents

  • The driver speeds up to “make the light” while the light is yellow. They end up entering the intersection while the light is red which is obviously a very dangerous situation. Cars that are turning or driving perpendicular to the driver running the red-light lead to a major collision.

  • Many drivers realize that speeding up to make the light isn’t possible and slam on the brakes. This still causes the vehicle to enter the intersection because they weren’t able to stop in due time.

  • A vehicle is simply distracted or reckless and doesn’t even notice the red light. The driver then gets in a crash with another vehicle that is simply going through a green light.

  • A vehicle that is legally in the intersection make a left-hand turn after the traffic signal is red. Another driver (who is not aware the 1st car is turning left) speeds up on the green light and collides with the car making a legal left.

  • Poor weather conditions making it difficult to see the traffic light clearly. This could include heavy rain, heavy snow, ice, fog, and a sun that is blinding.

Four-way Stop Accident Statistics

According to a study conducted by the Insurance Institute for Highway Safety revealed that traffic accidents that involved a stop sign violation accounted for 70 percent all motor-vehicle crashes. Approximately one-third of these collisions result in injuries to either a vehicle driver, passenger or pedestrian.

SEAT BELTS

The national use rate at 90.7 percent in 2019. Seat belt use in passenger vehicles saved an estimated 14,955 lives in 2017.

Consequences

Of the 37,133 people killed in motor vehicle crashes in 2017, 47 percent were not wearing seat belts. In 2017 alone, seat belts saved an estimated 14,955 lives and could have saved an additional 2,549 people if they had been wearing seat belts.

The consequences of not wearing, or improperly wearing, a seat belt are clear:

1. Buckling up helps keep you safe and secure inside your vehicle, whereas not buckling up can result in being totally ejected from the vehicle in a crash, which is almost always deadly.

2. Air bags are not enough to protect you; in fact, the force of an air bag can seriously injure or even kill you if you’re not buckled up.

3. Improperly wearing a seat belt, such as putting the strap below your arm, puts you and your children at risk in a crash.

The benefits of buckling up are equally clear:

1. If you buckle up in the front seat of a passenger car, you can reduce your risk of:

  • Fatal injury by 45 percent (Kahane, 2015)
  • Moderate to critical injury by 50 percent*

2. If you buckle up in a light truck, you can reduce your risk of:

  • Fatal injury by 60 percent (Kahane, 2015)
  • Moderate to critical injury by 65 percent (NHTSA, 1984**)

​*Editor's note: No source citation provided.

**National Highway Traffic Safety Administration

Hawley to join other lawmakers in calling for restoration of cuts to vet programs

By Billie Owens

Press release:

Assemblyman Steve Hawley announced today that he will join Assemblyman Jake Ashby local veterans and members of the Assembly Minority Conference tomorrow morning, Feb. 19, for the first of several events calling on Gov. Cuomo and legislative leaders to restore proposed cuts to vital veterans’ programs in this year’s budget due on April 1.

The assemblymen are calling for the immediate restoration of Gov. Cuomo’s planned $5.68 million cut to veterans’ services in the 2020-21 Executive Budget.

The largest cut proposed is to the Joseph P. Dwyer Veteran Peer-to-Peer Program. The governor’s budget eliminates more than $4 million from the counseling program that allows veterans to connect with other men and women who have served in the armed forces and are facing challenges similar to their own.

“Too many veterans come home after serving their country living with the horrors of Post-Traumatic Stress Disorder and to cut these programs that are vital to protecting our nation’s heroes is an utter disgrace,” Hawley said. “Our veterans deserve to feel protected and cared for just as they have protected us from enemies foreign and domestic.

"In a budget that exceeds $170 billion eliminating vital programs for our veterans should be the last we are focusing on. I am hopeful we can call attention to the necessity of these programs and work with state leaders to see they are restored ahead of the budget deadline on April 1.”

Hawley, son of a World War II veteran and member of the Ohio Army National Guard and U.S. Army Reserves, will be joined by Assemblyman Jake Ashby who served eight years in the U.S. Army Reserves and rose to the rank of Captain. Ashby is the Ranking Minority Member on the Assembly Veterans Affairs Committee and Hawley is a longtime member and former ranker.

One-vehicle rollover with entrapment reported on Ellicott Street Road, Pavilion

By Billie Owens

A one-vehicle rollover accident with entrapment is reported at 6698 Ellicott Street Road (Route 33), Pavilion. The location is between Cook and Sparks roads. Pavilion Fire Department and Mercy medics are responding. A deputy just arrived on scene.

UPDATE 5:51 p.m.: The lone occupant and driver of an eastbound silver SUV was traveling from Starr Road to Cook Road and failed to stop at the stop sign at Route 63. It struck the rear driver's side of a northbound silver sedan. The impact left the vehicles 30 to 40 feet off the roadway, with the sedan on its side. The driver and sole occupant of the sedan was extricated and taken by ambulance to ECMC for evaluation of minor injuries. The driver of the SUV was a sign-off (requiring no medical attention) who was still at the scene a few minutes ago waiting for his wife to pick him up. Both vehicles required towing.

Libertarian candidate for NY-27 says he'll debate McMurray, who left him off the invitation list

By Howard B. Owens

Press release:

Duane Whitmer, the Libertarian Party candidate for Congress in the 27th District of New York, today accepted Democrat Nate McMurray’s invitation to Chris Jacobs to debate McMurray eight times during the election.

So far, Jacobs has ignored the invitation eight times.

“Chris may be afraid to debate Nate,” Whitmer said, “but Nate is apparently also afraid to debate me as he left me out of the invite. So, I hereby accept Nate’s invitation to Chris to debate Nate.”

Whitmer, who is the chair of the Erie County Libertarian Party, received the endorsement from the district county chairs of the Libertarian Party last night and is also petitioning to be on the Right to Bear Arms ballot line for both the special election on April 28th and the general election in November.

“I will really spice up this debate that would otherwise feature two corporate lawyers affiliated with Delaware North who are political centrists,” said Whitmer. “Without a candidate who proposes real change for the 80 percent of Americans living paycheck to paycheck, the audience could very well fall asleep from sheer boredom.”

Whitmer, who is a tax adviser who represents taxpayers before the IRS, said his key issues if nominated would be: ending the twin wars on peaceful gun owners and drug owners; ending the pointless foreign undeclared wars started by George W. Bush and Barack Obama; and drastically cutting federal spending to stop borrowing from our grandchildren to pay for our own greedy programs.

Whitmer, who ran track at Fredonia State, is originally from Franklinville and now lives and works in Lake View.

Tickets on sale now for first ever BHS all Alumni Pep Rally at Eli Fish March 29

By Billie Owens

Press release:

The Batavia City School District Foundation Inc. is excited to announce the debut Alumni Pep Rally on Sunday, March 29, from 12-6 pm. at Eli Fish Brewing Company (109 Main St., Batavia).

Tickets to this premiere event are $15 presale and $20 the day of the event (and include food). This event is for ages 21 and older.

There will be raffles, a cornhole tournament (with two-person teams), a DJ, and -- you guessed it --  pep-rally-style contests where a class could win a paver at the Daniel A. Van Detta Stadium and their class name on the Alumni Pep Rally Spirit Stick!

Eli Fish will be renaming one of their beers to “Foundation Beer” for the event with 50 percent of the proceeds going to the Foundation.

So, wear your blue and white, bring your friends, bring your school memories, and join us for the first ever multi-class reunion event!     

Tickets may be purchased online here

Please consider attending even if you are an alum of a neighboring district. All are welcome!   

This pep assembly fundraiser will support the BCSD Foundation Inc. in their various activities within the Batavia City School District.  

Questions may be directed to:   foundation@bataviacsd.org

Accident blocking traffic at Wortendyke and Route 33, Batavia

By Billie Owens

A minor-injury accident is blocking traffic at Route 33 and Wortendyke Road in the Town of Batavia. East Pembroke fire is responding along with deputies and Mercy medics.

UPDATE 12:44 p.m.: Extrication equipment is required at the scene. A second Mercy rig is dispatched.

Hops for Hope was a huge success by community for pediatric cancer

By Steve Ognibene

Locals from the community gathered together yesterday in support of the second annual "Hops for Hope" by the Michael Napoleone Memorial Foundation to raise money for pediatric cancer.

The Foundation was established in 2007, in memory of Michael C. Napoleone, the 8-year-old son of Mark and Laurie Napoleone from Batavia, who died from Burkitt’s Lymphoma/Leukemia, an aggressive form of blood cancer.

Laurie thanked the crowd for coming to support the fundraiser event and also added "moments change very rapidly as ours did in 2005, surround yourself with good people, you continue to move forward despite the many challenges life gives you."

She continued to speak of what the foundation has contributed since it's inception. More than $436,000 has helped hundreds of local families, $90,000 has been contributed to research, $68,000 were donated to youth grants. Golisano Children's Hospital has two hospital rooms from the charity totaling $50,000 and locally in Batavia at UMMC Rochester Regional Health was given $25,000 for a new ICU pediatric room that is tenatively scheduled to be completed in 2021.

The event was held at Eli Fish Brewing Company, cost was $15 per person and included many food stations along with basket raffles, a Yeti cooler, foundation glass raffle, a live band and a cornhole tournament.  

The foundation next big event is May 2nd -- the 2020 Derby Day Gala held at Terry Hills Golf Course, Restaurant and Banquet Facility at 4 p.m.

Above is the Michael Napoleone Memorial Foundation Board.

The Ohms band

Health Academy Students from Laurie Napoleone's class

McMurray tweeted about his employer but mostly after he was put on unpaid leave

By Howard B. Owens

NY-27 resident Michael Caputo, a political strategist with ties to Donald Trump, took to Twitter today to ask why didn't we, in our story about Nate McMurray being put on unpaid leave by his employer, Delaware North, mention that McMurray has said "insulting things" about his company and its owners.

In a statement in the tweet directed at another reporter from Upstate New York, Caputo said, "how long would you last if you tweeted insults about the owners of (the name of the reporter's newspaper)." 

"Do more reporting," Caputo said.

Caputo raised a valid point -- at least insofar as we should have taken a closer look at those tweets, so we did.

In the past 30 days, McMurray has mentioned, either directly or indirectly, Delaware North or the Jacobs family 18 times. 

Sixteen of those tweets were posted since Feb. 8, which would have been after McMurray said he was placed on unpaid leave.

McMurray is running for the NY-27 seat vacated in September by Rep. Chris Collins, who pled guilty to federal insider trading charges. The family of McMurray's opponent, Chris Jacobs, owns Delaware North, where McMurray, licensed to practice law in New York, is a VP of business development.

Attempts to reach Jacobs or a member of the campaign for comment have been unsuccessful.

In an interview with Caputo this afternoon, Caputo said McMurray's tweets are problematic, and whether they came before or after McMurray was placed on unpaid leave, they should give voters pause about McMurray's judgment.

"This is the only public visibility that Western New Yorkers have to the kind of employee he was," Caputo said. "If he's willing to say those things for all the world to see, you can imagine what kind of teammate he was at Delaware North."

Caputo is not associated with the Jacobs campaign and is not currently working with any other potential candidate in the NY-27, though he did spearhead a "Draft David Bellavia" effort last year.

The Aurora resident said, "I know 100 attorneys who are more qualified than him who would kill for the job he has. From my perspective, if he ever darkens the door of Delaware North again, it would be a shame."

We spoke with McMurray briefly today and he dismissed the accusation that he was put on unpaid leave for his tweets but said he couldn't discuss the issue in detail.

"This wasn't something that happened suddenly," McMurray said. "This happened after mounting pressure."

He wouldn't elaborate on what he meant by "pressure."

As for the content of his tweets, especially those sent since Feb. 8, McMurray said, "My duty is to talk about issues relevant to the people of the 27th District."

From a review of McMurray's tweets over the past 30 days, the first reference we can find to his employers is from Feb. 1.

As a kid, the richest guy I knew was my uncle, an electrician with a Caddy.

My opponent’s uncle owns the gosh darn Boston Bruins.

That matters, is reflected in what we fight for.

Deep down, I will always be the kid in the grubby Sabre’s shirt yelling, “the Bruins suck!”

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 1, 2020

His next tweet was Feb. 3.

My opponent calls me a “deranged socialist loser.”

But his billionaire uncle paid me to be the Vice President of Business Development at their company for years! How does that make sense?

NOW HIRING: “Deranged socialist loser” status a plus!

(they will say anything...)

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 3, 2020

Starting Feb. 8, McMurray sent out 16 tweets that made reference to his job or his employers, including at least one that seemed to hint at his employment situation:

I work for the company owned by my opponent’s family. I’m going to talk about it, because it hasn’t been easy.

I like a lot of the people there. But here’s a secret...a lot of them like me. Many are proud. I’m proud.

Who doesn’t like telling the Boss...

YOU DON’T OWN ME.

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 8, 2020

One of McMurray's favorite targets during this tweetstorm is the Jacobs' family ownership of two casinos in Western New York.

When I leave our humble campaign office in Hamburg, I drive by the glowing casino owned by my opponent’s family...one of many.

Can you imagine owning a casino? Will Ferrell made a movie about it. He went to jail. It’s like printing money.

ELITE PRIVILEGE

That’s what we face.

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 11, 2020

In his tweets, McMurray hinted at corrupt motives of the Jacobs' family in promoting Chris Jacobs for Congress:

On both sides of NY27 are two big casinos. Full of people. Spending lots.

My opponent’s family owns both. In our part of the world only people named Jacobs and Native Peoples (under law) got casino licenses.

And now they want a Congrssman. To get more? Haven’t they got enough?

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 12, 2020

In one tweet, McMurray accused Jacobs of voting on a bill in the State Senate that affects the family casino businesses. We are unable to substantiate the claim.

Did Christopher vote on legislation affecting his family’s financial interests?

Yes. #NY27, didn’t we watch the last Congressman go to jail for doing some of that too?

Yes.

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 15, 2020

One of Caputo's issues with McMurray's tweets is that he is using the Jacobs' family wealth as a wedge issue as part of his seemingly progressive, anti-inequality campaign theme.

If your family owned half of Buffalo, had your name on everything from hospitals to hockey teams—while people across your region suffered from the worst jobless rate in the country—you’d think you’d say, “Maybe we should keep our heads down.” Not, “We want Congress too.”

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 8, 2020

"He uses income disparity with a Berniesque (referring to Democratic presidential candidate Bernie Sanders) spin," Caputo said. "That rhetoric doesn't play well in the NY-27. The vast majority of Republicans in the NY-27 find that kind of rhetoric offensive."

Reminded that this is a populist district that almost went for Jack Davis in the last special election (a special election in 2011 won by Kathy Hochul), Caputo said that may be so, but McMurray's approach to wealth inequality is not the approach that will resonate in the district.

"Looking at the income disparity message, using his employer as an example, he looks like a guy who stabs his employer in the back by using the wealth of a family that has fed him for years as a hammer in the income disparity debate," Caputo said. "The NY-27 is going to find him offensive." 

Caputo is aware that self-funded Republicans handpicked by GOP leadership hasn't worked out too well for the NY-27 in recent years. There was Chris Lee who was caught posting shirtless photos of himself on Craigslist and Chris Collins who is going to prison on insider trading charges.

The other difficulty Chris Jacobs faces in the special election is he does not seem to be the choice of Trump-supporting Republicans. Jacobs is also not Caputo's first choice but Jacobs has his support now.

"I am Republican and I support the Republican nominee," Caputo said. 

Whether Jacobs wins or loses the special election on April 28, both Stefan Mychajliw and Beth Parlato are vying for the title of most Trump-loyal future member of Congress, to the point of attacking Jacobs as a "NeverTrumper," which Caputo acknowledges could dampen GOP turnout in an election timed to coincide with the Democratic presidential primary. If the Democratic turnout is more than 50 percent -- Caputo considers that unlikely -- McMurray could be sent to Washington for at least seven months.

"The real question is how much do you want Nate McMurray as your congressman," Caputo said. "The question Republicans have to answer is, do you want Nate McMurray as your congressman for even five minutes?"

Caputo calls McMurray a socialist. A charge McMurray has repeatedly denied (in our video interview on Thursday, we pressed McMurray on the socialism issue; we'll release the video after Jacobs has participated in a proportional, in-depth interview).

If McMurray does pull out a victory on April 28, Caputo said he's confident he won't stand a chance to in the general election in November.

"It's metaphysically impossible for a Democrat to win in the district when Donald Trump is on the ballot," Caputo said.

UPDATE 9 p.m.: It's been brought to our attention that we have perhaps not explained enough about what Delaware North is. Here's the Wikipedia entry: "Delaware North is a global foodservice and hospitality company headquartered in Buffalo, New York. The company also operates in the lodging, sporting, airport, gaming and entertainment industries. The company employs over 55,000 people worldwide and has over $3.2 billion in annual revenues." Key people:  Chairman Jeremy Jacobs, and Jerry Jacobs and Louis M. Jacobs are co-CEOs, and Charlie Jacobs is CEO of Boston Holdings. Delaware North operates nine gaming facilities nationally, including Hamburg and Finger Lakes. 

Shortly after this story was published, Nate McMurray (we had asked him to substantiate his tweet quoted above) provided links to three senate bills that are related to the casino business in New York that Jacobs cast votes on. They are:

  • Senate Bill S6669: Authorizes regional off-track betting corporations to allocate up to $500,000 from their capital acquisition funds for employee salaries and benefits;
  • Senate Bill S6675: Provides that consent to simulcast at off-track betting branches, horse races run at a regional track, shall not be unreasonably withheld;
  • Assembly Bill A5059A: Authorizes the sale of cider, mead, braggot and wine at games of chance.

Nate McMurray's employer, owned by the family of his NY-27 opponent, placed him on leave without pay.

By Howard B. Owens

When Nate McMurray ran against Chris Collins in 2018 for the NY-27 congressional seat, there was no apparent problem with his employer, Buffalo-based Delaware North.

He kept his job. He kept his salary.

During his tenure as supervisor in Grand Island, he kept his job. He kept his pay.

Two weeks ago, Delaware North informed McMurray he was being placed on leave without pay. He wasn't given an explanation. 

Delaware North is owned by the family of Chris Jacobs, McMurray's opponent in the April 28 special election for the NY-27.

McMurray said he and his family are presently getting by on vacation pay and an earned bonus.

"I worked hard for the company," McMurray said. "I love many people there. But this is unquestionably difficult. I’ve expressed that to them."

Despite the loss of a regular paycheck, McMurray said he's committed to staying in the race.

McMurray made reference to his loss of wages today on Twitter and The Batavian reached out to him for clarification. He said he was limited in what he could say about the situation but confirmed that he had been put on leave without pay.

An attorney licensed to practice law in New York, McMurray is part of Delaware North's legal team.

Multiple attempts to reach the Jacobs campaign today for comment were unsuccessful. We also tried reaching out to Delaware North for comment and were unsuccessful. Messages were left in both cases.

Photo: Still from a video interview The Batavian conducted with Nate McMurray on Thursday evening at the Richmond Memorial Library. We intended to release the full nearly 50-minute interview once we've secured a similar and proportional interview with Chris Jacobs.

The Batavian is the first news outlet to report this story. We work hard to bring you quality political coverage. Support local news. Support our efforts. Click the Support button below.

Hawley works across the aisle to restore VLT funds for city, county

By Billie Owens

Press release:

As budget negotiations in Albany intensify, Assemblyman Steve Hawley (R,C,I-Batavia) has written to Assembly Speaker Carl Heastie requesting that Video Lottery Terminal (VLT) Aid be restored in this year’s Enacted Budget due April 1.

The City of Batavia is slated to lose $440,789; the Town of Batavia $160,388 and Genesee County $200,392 as proposed by Gov. Cuomo in this year’s Executive Budget. 

“The impact on these municipalities, along with others, will put a devastating financial hardship on our already overtaxed New York State citizens who continue to flee to other states,” Hawley wrote in the letter. 

“Local officials and constituents in my district have reached out to me with their concerns. This proposal will have a huge impact on fire companies, police officers and other essential personnel who provide safety for our communities. On behalf of all communities in jeopardy of losing this aid, I implore you to restore this funding."

Authentically Local