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Law and Order: Pringle Avenue woman accused of knifing victim on Hutchins Street

By Billie Owens

Brittany Smith, 27, of Pringle Avenue, Batavia (inset photo, left) is charged with second-degree assault and second-degree menacing. She was arrested after an altercation at 4:30 p.m. on Hutchins Street Aug. 23. Smith is alleged to have cut a victim with a knife. Smith was jailed without bail and was due in Batavia City Court on Aug. 26. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Miah Davis.

Lizbet D. Cramer, 42, of Dellinger Avenue, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation found she was allegedly not providing adequate supervision for a child in her care who was on declared by Family Court as a "Person In Need of Supervision" -- PINS (a child under the age of 18 who does not attend school, or behaves in a way that is dangerous or out of control, or often disobeys his or her parents, guardians or other authorities). Cramer was arrested and issued an appearance ticket for Sept. 10 in Batavia City Court. The case was investigated by Det. Eric Hill.

Jennifer Reed, 45, of Wood Street, Batavia, is charged with petit larceny. It is alleged that at 11:43 a.m. on Aug. 24 that she stole a bottle of Vitamin C from the Dollar General Store on East Main Street in Batavia. She is accused of concealing the item then exiting the store without paying for it. She was arrested and issued an appearance ticket for Aug. 27 in Batavia City Court. The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Miah Davis.

'Richmond Reads' events: Meet 'Southernmost' author, see film on hillbillies, listen to Joni Mitchell's music

By Billie Owens

Press release:

The Richmond Reads Committee is pleased to announce the following events as part of “Richmond Reads,” the one book program designed for the Richmond Memorial Library community.

All programs are free to attend and participate in.

Community Book Discussions

Join us to discuss the novel "Southernmost," written by Silas House. Discussions will be led by Samantha Stryker, Community & Adult Services librarian, and members of the Richmond Reads Committee.

The only requirement to attend is that you’ve read the book!

Copies are available at the library in regular print, audio and large print.

Ebook and audio copies can be accessed via our Hoopla and OverDrive Apps at batavialibrary.org

(Editor's Note: For the Kirkus review / synopsis of "Southernmost," click here. For the interview of Silas House published in Kirkus about his newest book, click here.)

Book Discussion Dates:

  • Monday, Sept. 9 at 6:30 p.m. and Wednesday, Sept. 11 at 8 a.m. at Richmond Memorial Library
  • Thursday, Sept. 12 at 7 p.m. at GO ART! (featuring cash bar), 201 E. Main St., Batavia
  • Saturday, Sept. 21 at 10 a.m. at Moon Java Café, 56 Harvester Ave., Batavia. Refreshments will be served at Moon Java.

Richmond Reads Reel Discussion

Thursday, Sept. 19 at 6 p.m. at Richmond Memorial Library

Watch the documentary "Hillbilly," which was produced and written by our Richmond Reads author Silas House. He also appears in the film. "Hillbilly" examines the iconic hillbilly image in media and culture. "Hillbilly" was the winner of the Best Documentary Feature at the L.A. Film Festival in 2018.

Concert: The Songs of Joni Mitchell by Leah Zicari

Tuesday, Sept. 24 at 7 p.m. at Richmond Memorial Library

Join musician Leah Zicari for a free concert dedicated to the music of Joni Mitchell. The impact of music in our lives plays a huge role in "Southernmost."

One character in particular -- Bell -- finds solace in the music of Joni Mitchell, such as the tune with the same title as Mitchell's debut concept album "Song to a Seagull." (This is reflected in the name of the complex of rental cottages owned by Bell.) "All I Want" is a number from Mitchell's fourth studio album released in 1971, "Blue," and House cites the song as central to Bell's character and the album itself as playing a pivotal role in his book.

(Editor's Note: Find the music playlist chosen by Silas House for "Southernmost" here.)

Review Contest -- Win a chance to meet the author one-on-one!

Submission deadline: Monday, Sept. 9.

Submit a review of "Southernmost" for a chance to attend an afternoon tea with Richmond Reads author Silas House before the main author event on Sept. 26! The review should be 200 words or less.

Four winners will be chosen anonymously by the Richmond Reads Committee. Summer reading contest winners will also be in attendance. Visit our website or the library for all rules, information and the entry form.

Author Event: Silas House & 'Southernmost'

Thursday, Sept. 26 at 7 p.m. at Richmond Memorial Library

Author Silas House (inset photo right) will join us for a reading, talk and book signing. Copies of the book will be available for sale. All are welcome to attend this free event!

For more information, visit batavialibrary.org/Richmond-reads.

Richmond Memorial Library continually provides access to physical and virtual resources and services that meet the educational, informational and recreational needs of its diverse community in a safe and comfortable environment. Learn more at www.batavialibrary.org.

Richmond Memorial Library is located at 19 Ross St. in the City of Batavia.

Richmond Reads is sponsored by The Friends of Richmond Memorial Library and made possible with funds from the Decentralization Program, a regrant program of the NYS Council on the Arts with the support of Governor Andrew Cuomo and the NYS Legislature and administered by GO ART!

Photo of Silas House courtesy of Tasha Thomas.

Car rear-ends semi on West Main Street by Upton Monument, minor injuries reported

By Billie Owens

A property damage accident is blocking the roadway in the city in front of 14 W. Main St. Minor injuries reported. A vehicle slammed into a tractor-trailer at the junction of Main and Ellicott streets. A first responder on scene says the passenger vehicle's tires are blown and it's "flat on the ground."

Dan's Tire is en route with a flatbed tow for the passenger vehicle.

The location is just east of Porter Avenue.

"Traffic is pretty bad," says a first responder.

City fire is on scene, along with law enforcement. Mercy medics are called to aid an elderly female who was a passenger in the car.

Reminder: Jaycees host 32nd annual Labor Day 5K Run & Walk, at MacArthur Park in Batavia Monday

By Billie Owens

Press release:

The Batavia Area Jaycees are proud to announce their 32nd annual Labor Day 5K Run & Walk, to be held on Monday, Sept. 2nd, at MacArthur Park in Batavia.

Participants should check in from 8 to 8:50 a.m. Race time is 9 a.m. The registration fee for runners/walkers was $25 if preregistered by Aug. 18th, now it is $30, including the day of the event.  Runners/walkers 17 and younger was $20 if preregistered, now it's $25.

Awards will be presented to the top three finishers and first place in age group. 

You can register at runsignup.com or go to Batavia Area Jaycees Facebook page. Registration forms are available at runsignup.com and the day of race.

The Batavia Area Jaycees have been a part of the community and helping out for more than 65 years. Their goal is to provide young people with the opportunity to develop personal, professional and leadership skills through community involvement and specific trainings tailored to enhance their abilities for future endeavors.

Hawley cosponsors bill to protect consumers from NY license plate 'money grab'

By Billie Owens

Press release from Assemblyman Steve Hawley:

Assemblyman Steve Hawley (R,C,I-Batavia) is joining fellow legislators in cosponsoring a bill that will protect New York state drivers from Gov. Andrew Cuomo’s proposed $25 mandated fee on new license plates.

The legislation, introduced last week by Assembly Minority Leader Brian Kolb, would prohibit the state Department of Motor Vehicles from requiring a fee when the design of the state license plate is changed.

“This is yet another hidden ‘money grab’ coming from the governor’s office,” Hawley said. “Cuomo has no problem wasting taxpayer dollars on new signs for his father’s bridge and undocumented immigrants, but loves to shake down the taxpayers for every cent of their hard-earned paychecks.”

Last week, the governor announced that license plates older than 10 years old will be subjected to the new replacement requirement. The governor’s plan imposes a mandated $25 fee, which is the maximum allowed by law for new plates, on top of the already-burdensome registration renewal costs. Drivers who want to keep their license plate number will also be forced to pay an extra $20 under his proposal.

According to Cuomo's plan: beginning April 1, 2020, through the plate replacement program, as customers renew their vehicle registrations over the next two years, those with license plates that are 10 years old or older will be issued new plates. The current $25 license plate replacement fee will be added to the cost of the vehicle owner's registration renewal. Customers may also keep their current license plate number for an additional $20 fee. Plate issuance begins for both original issuance and renewals on April 1.

The plate replacement program is part of the governor's efforts to modernize New York's transportation system. There is also a vote being taken by the governor's office for the new winning design among five that are proposed. Voting is underway now through Sept. 2.

In addition to whichever new design is chosen, there are 200 custom designs offered by the NY DMV.

For more information about the plate replacement program, click here.

(Image provided by Steve Hawley's office.)

Law and Order: Sex offender from Florida accused of failing to register and falsifying form at GC Jail

By Billie Owens

Junior D. Benedict, 40, of West Bay Street, Englewood, Fla., is a registered sex offender charged with failure to report a change of address within 10 days -- a felony, and falsifying business records in the first degree, also a felony. At 7:40 p.m. on Aug. 25, Benedict was arrested following an investigation. He allegedly failed to register his change of address within 10 days to the NYS Division of Criminal Justice Sex Offender Registry. It is also alleged that he falsified a sex offender address change form at the Genesee County Jail, which is in the City of Batavia. He was arraigned in Batavia Town Court and put in jail without bail. He was due to return to Batavia Town Court on Aug. 25. He is scheduled to appear in the City of Batavia Court to answer the falsifying business records charge on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Carlos Daniel Dejesus, 20, of Clifford Avenue, Rochester, is charged with: two counts of criminal possession of a controlled substance; unlawful possession of marijuana; plate display violation; and operating a motor vehicle without a driver's license. At 10:22 p.m. on Aug. 23, Dejesus was stopped on Route 490, mile marker 0.1 in Le Roy for allegedly not having a distinctive rear license plates displayed on his vehicle. It is alleged that he was subsequently found to be operating without a license. "Criminal indicators" were observed and the vehicle was searched. Dejesus's passenger, and Angelle L. Dreier, no age or address provided, was also charged with two counts of criminal possession of a controlled substance and unlawful possession of marijuana. Both were allegedly found to possess cocaine and marijuana. They were issued appearance tickets for Town of Le Roy Court on Sept. 12. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Le Roy and Batavia residents get free admission to GV Country Village & Museum in Mumford this weekend

By Billie Owens

Submitted photos and press release:

Over the this coming Labor Day weekend, Aug. 31 through Sept. 2, Genesee Country Village & Museum in Mumford will offer its neighbors a sweet deal: free admission for residents of Le Roy and Batavia (as well as Caledonia, Mumford, Scottsville and Avon).

Residents of those communities need only show proof of residency (i.e. ZIP Code) to get in for free, including on Labor Day when the Museum celebrates its Hop Harvest Festival.

In addition, a shuttle bus will run from Buffalo and Batavia to the Museum and back on Monday, offering a safe and convenient way for people to enjoy the day.

The bus will stop at the Williamsville AAA office and Batavia Downs Gaming & Hotel before heading to GCV&M in the morning, then return on the same route for afternoon drop-offs.

Bus reservations are required and there is a $10 fee for bus tickets, allowing visitors to relax and enjoy Hop Harvest and all the tastings on offer. Details can be found on the Museum’s website, gcv.org.

As one of New York State’s original cash crops, hops are enjoying a revival with the burgeoning craft beer industry that’s been thriving locally. During the Hop Harvest Festival on Labor Day, the Museum will take visitors on a tour of hop history, and provide a taste of the present day with their own signature craft brews, created from historical recipes and brewed locally by CB Craft Brewers.

Visitors to the Museum can tour the only working 19th-century brewery in the United States and see the hops being harvested on site. In addition to the signature Fat Ox and Intrepid Ales on tap, there will be beer-inspired food tastings on hand throughout the village, as well as demonstrations and crafts all related to the theme of hops and history.

For families, games and sack races make for a fun day for all ages, plus a walk down to visit the farm animals is always a popular option. In the John L. Wehle Gallery, two exhibits are currently running, the popular "Victoria’s Closet" and the engaging "Working Like a Dog."

Genesee Country Village & Museum is open from 10 a.m. – 4 p.m. Tuesday-Sunday, plus Labor Day.

Presale tickets for Hop Harvest are discounted $2 each when purchased through the Museum website for a reduced cost of $20 adults/$17 seniors/$17 college students/$12 youth/free for children 3 and under. GCV&M members receive free admission.

Support for the Hop Harvest Festival provided by Market NY through I LOVE NY/New York State’s Division of Tourism as a part of the Regional Economic Development Council awards. This event is also generously sponsored by Tomkins Bank of Castile.

About GCV&M

It is the largest living history museum in New York State with the largest collection of historic buildings in the Northeast. The Museum, with its John L. Wehle Gallery, working brewery, vintage baseball park, and Nature Center, is located in Mumford, 20 miles southwest of Rochester and 45 miles east of Buffalo. Visit www.gcv.org for more information.

Top photo: Grieves Brewery at work, courtesy of Loyd Heath.

Bottom photo: Visitors at the farm, courtesy of Ruby Foote.

One person seriously burned, two cats die in Monday's kitchen fire at Walden Estates apartment

By Billie Owens

From the City of Batavia Fire Department:

At approximately 9:13 p.m. on Monday, Aug. 26, the City of Batavia Fire Department was dispatched to a possible kitchen fire at Walden Estates, 337 Bank St., apt. #44. First arriving fire units responded and were on scene in under four minutes from time of dispatch.

Upon arrival, firefighters encountered heavy smoke and fire conditions on the first and second floor of apartment #44, which was one unit of a five-unit building. The responding crews began extinguishment and search-and-rescue operations and were able to bring the fire under control within 20 minutes.

At the time of the fire, there were two occupants inside of the apartment. Both were able to escape with one person suffering serious burns. The victim was transported by Mercy EMS to Strong Hospital in Rochester for treatment. At this there is no further information as to the victim’s condition.

Additionally, there were two cats in the residence that were located by firefighters that unfortunately perished due to fire conditions.

While the fire was confined and contained to the apartment of origin, the residents of the two adjoining units were temporarily relocated due to light smoke conditions within their residence. A total of four persons were assisted by the American Red Cross with food and sheltering.

At this time the City of Batavia’s Fire Investigation team is investigating the fire to determine the cause and origin. Presently, the fire does not appear to be incendiary in nature. Once a determination has been made, we will be providing an additional media release with further information.

City fire was assisted at the scene by the City of Batavia police with additional support provided by the Town of Batavia, Alexander, Le Roy fire departments along with Genesee County Emergency Management, Mercy EMS and the American Red Cross.

(Top photo courtesy of Frank Capuano.)

Structure fire reported at 337 Bank St., Apt. 44, at the Walden Estates Apartments, Batavia

By Billie Owens

A second-alarm fire is reported at 337 Bank St. at the Walden Estates Apartments, Apt. #44, in Batavia. A man who lives there has burns on his arms and an ambulance is called in non-emergency mode.

The address is between Ross and Vines streets in the city. City fire and Alexander's Fast Team are called to the scene, along with Le Roy Fire Department.

This call was initially toned out as a kitchen fire.

UPDATE 9:33 p.m.: City Engine #12 is on scene.

UPDATE 9:37 p.m.: Responders are asked to bring overhaul tools to the scene.

UPDATE 9:44 p.m.: Batavia command tells Alexander the fire is mostly knocked down.

UPDATE 9:45 p.m.: Command reports fire is knocked down; overhaul commencing.

UPDATE 11:51 p.m.: The American Red Cross was reported en route about 10 minutes ago to assist the displaced occupants of the burned-out apartment.

Photos by Frank Capuano.

'Special delivery' of airmail at GC Sheriff's Office got delayed by nine decades -- in Batavia

By Billie Owens

A letter in Friday's mail at the Genesee County Sheriff's Office took the term "snail mail" to a whole nother level -- the batch contained an envelope postmarked 12 p.m. Aug. 30, 1929, from Youngstown, Ohio to a man living at 14 Main St., the address of the local jail.

That's exactly one week shy of 90 years: Aug. 30, 1929, to Aug. 23, 2019.

"We thought it was pretty interesting," said Sheriff William Sheron this afternoon.

Even more notable is the black stamp on the left side of the "via air mail" envelope, distinctly bordered in red, white and blue, declaring it was being delivered by the "first official airmail pick-up in the United States."

Like the sender, the courier was also out of Youngstown, Ohio, a newfangled service named "Adams Non-Stop Method."

But the missive for Carl L. Wenzel was obviously dead in its tracks someplace.

The back of the envelope shows a stamp indicating it arrived promptly in Batavia, NY, at 9 a.m. on Aug. 31, 1929.

So Adams Non-Stop Method was fast; its claim valid. Trusty pilot Harry Seivers did his job.

The Batavia Postmaster at the time was Henry R. Ware (tenure 1927 to 1933). To think that this piece of mail has been next door to the jail at the Post Office on Main Street perhaps all this time...

But the U.S. Postal Service is dedicated and, by God, if a piece of mail turns up, they'll get it to you regardless. Remember their motto: "Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds."

The passage of time is irrelevant, even though the intended recipient is long dead. It's the principle that counts.

The envelope intended for Wenzel only contained seven small blank rectangles of paper, sent to him by someone apparently wanting to correspond or at least supply him with the means to correspond with somebody.

The sender in 1929 paid for two five-cent stamps with bespectacled Teddy Roosevelt on them -- a value of $1.50 in today's dollars. That's when gas was a quarter a gallon and a pound of steak cost 52 cents -- before the stock market crashed two months later and changed everyone's math for the worse for a long time.

(Here's a link where ephemera buffs can bid on similar pieces of mail.)

Below, the seven blank pages of writing paper that were inside the envelope.

Bottom, the back of the envelope, showing it was received in Batavia, NY, at 9 a.m. Aug. 31, 1929.

Eleven arrests made at Slipknot concert at Darien Lake on Sunday night

By Billie Owens

The following people were arrested by the Genesee County Sheriff’s Department during the Slipknot concert at Darien Lake Performing Arts Center on Sunday, Aug. 25.

Kristopher P. Ware, age 39, of Phinney Road, Hannibal, was arrested for second-degree harassment, disorderly conduct and obstructing governmental administration in the second degree after allegedly kicking a Live Nation security guard, then fighting with the Live Nation security while being ejected from the concert. Ware then allegedly obstructed deputies from completing his arrest. He was arraigned in Darien Town Court and jailed in lieu of $1,000 bail. 

Darius M. Duggan, age 37, of Taylor Road, Hamburg, arrested for second-degree criminal contempt after allegedly being found with another person who possessed a stay away order of protection against him. Duggan was arraigned in Darien Town Court and released on his own recognizance. 

Daniel L. Wilson, age 52, of Putnam Street, Union City, Pa., arrested for two counts of second-degree harassment, and obstructing government administration in the second degree after allegedly kicking a deputy and a Live Nation security guard and then obstructing the completion of his arrest. Wilson was arraigned in Darien Town Court and jailed in lieu of $1000 bail. 

The following were arrested and issued appearance tickets to be in Darien Town Court at 3 p.m. on Sept. 10:

Joshua M. Marshal, age 26, of Byron Avenue, Bronx, arrested for third-degree criminal trespass after allegedly reentering Darien Lake property after being ejected and told not to return. 

Walter T. Rogers, age 61, of East 94th Street, Brooklyn, arrested for third-degree criminal trespass after allegedly reentering Darien Lake property after being ejected and told not to return. 

Christopher R. Kocur, age 33, of Reyer Road, Auburn, arrested for third-degree criminal trespass, after allegedly entering the concert venue after being ejected and told not to return. 

Jeffrey A. Wakeman II, age 32, of Grannis Road, West Monroe, arrested for third-degree criminal trespass after allegedly entering the concert venue after being ejected and told not to return. 

Sean P. Derisio, age 27, of Eaton Road, Rochester, arrested for second-degree harassment and fourth-degree criminal mischief after allegedly punching another person in the face breaking their eyeglasses. 

Justin L. Costello, age 31, of Eaton Road, Rochester, arrested for second-degree harassment after allegedly punching a Live Nation employee in the face.  

Holden S. Child, age 20, of Henderson Road, Wellandport, Ontario, Canada arrested for trespass after allegedly jumping a fence to gain entry into the concert venue. 

Joseph E. Harrison, age 20, of Woodbridge Drive, St. Catherines, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being ejected and told not to return. 

Law and Order: Tonawanda man accused of September 2017 stabbing on East Main Street, Batavia

By Billie Owens

Carey Culverhouse, 60, of Grandview Avenue, Tonawanda, (inset photo left) is charged with first-degree assault. He was arrested on a warrant out of Batavia City Court that was issued following an investigation into a stabbing on East Main Street in Batavia that occurred in September of 2017. He was located by the Tonawanda police and turned over the Batavia police. He was arraigned in Batavia City Court on Aug. 22 and jailed without bail. He was due to return to city court on Aug. 23. The case was handled by Batavia Police Officer Christopher Lindsay.

Malik I. Ayala, 27, of Walnut Street, Batavia, (inset photo right) is charged with second-degree burglary. He was arrested on Aug. 13 by Batavia Police officers Adam Tucker and Jason Ivison. He is accused of entering another person's residence on Naramore Drive in Batavia at about midnight on Oct. 14 and stealing property. He was arraigned in Batavia City Court and turned over to the GC Sheriff's Office, where he is being held on unrelated charges.

Alan R. Price, 24, of Chili Avenue, Rochester, is charged with: endangering the welfare of a child; criminal contempt in the first degree; and second-degree strangulation. Price was arrested on Aug. 12 for an incident reported at 8 a.m. on April 11 on North Spruce Street in the City of Batavia. He was arraigned in Batavia City Court and jailed on $5,000 cash or bond. The case was investigation by Batavia Police Officer Matthew Wojtaszczyk.

Kaleb J. Bobzien, 21, of Dellinger Avenue, Batavia, is charged with criminal contempt in the first degree. He was arrested after a domestic incident investigation in which it is alleged that he had contact with a protected person at 9:50 a.m. on Aug. 22 on Dellinger Avenue. Bobzien was jailed without bail and was due in Batavia City Court today (Aug. 26). The case was handled by Batavia Police Officer Kevin DeFelice, assisted by Officer Sean Wilson.

Brandon C. Dodd, 32, of Clinton Street, Batavia, is charged with: petit larceny; second-degree burglary; and second-degree criminal contempt. He was arrested on Aug. 24 after a domestic incident on Highland Park, Batavia. It is alleged that he broke into the home of a protected person and stole money. He was arraigned in Batavia City Court Aug. 24 and jailed without bail pending his return to city court today (Aug. 26). The case was handled by Batavia Police Officer Marc Lawrence.

Kevin Hal Deet, 69, of Rogers Road, Hamburg, is charged with trespass. He was arrested at 8:22 p.m. on Aug. 25 at Batavia Downs Gaming and Hotel on Park Road in Batavia after allegedly refusing to leave after being told to do so by security officers and deputies. He is due in Batavia Town Court on Sept. 12 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Sgt. Andrew Hale.

Danielle E. Cummings, 41, of Batavia Oakfield Townline Road, Batavia, is charged with aggravated unlicensed operation of a motor vehicle in the first degree. Cummings was allegedly observed driving on Verona Avenue in the City of Batavia at 2:41 p.m. on Aug. 23 while having 17 active suspensions -- fifteen of them on 12 dates. She was arraigned in Batavia City Court and jail in lieu of $500 bail. She is due in city court at a later date. Sgt. Dan Coffey handled the case.

Taylor L. Finnin, 26, of Highland Park, Batavia, is charged with possession of a hypodermic instrument and loitering while unlawfully using a controlled substance in a public place on Jefferson Avenue in Batavia at 1:55 p.m. on July 9. He was arraigned Aug. 22 in Batavia City Court and jailed in lieu of $1,500 cash or $3,000 bond. The  case was investigated by Batavia Police Officer Jordan McGinnis, assisted by Officer Christopher Lindsay.

Ashley Marie Silliman, 23, of West Genesee Street, Corfu, is charged with petit larceny. She was arrested following a shoplifting complaint at the Dollar General on East Main Street in Batavia at 1:42 p.m. on Aug. 21. She issued an appearance ticket and is due in Batavia City Court on Aug. 27. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Marc Lawrence.

Man who menaced Batavia cop with fake pistol was tardy to court today, but got two-month sentencing delay

By Billie Owens

Photo and story by Alecia Kaus/Video News Service.

Brandon R. Fogg, 32, who pulled a fake BB gun out during a tussle with Batavia Police Officer Darryle Streeter in June, showed up late to Genesee County Court this morning, shortly after a warrant was issued for his arrest.

The Batavia resident pled guilty to first-degree menacing, a Class E felony, in Genesee County Court on June 21.

Fogg admitted then he intentionally put a person, Batavia Police Officer Darryle Streeter, in danger by displaying a black imitation BB pistol during an altercation with Officer Streeter on Ellicott Street near Cedar Street about 12:30 a.m. on June 5.

Officer Streeter had observed Fogg in the passenger seat of the vehicle being operated with an illegal tire and conducted a traffic stop as Fogg was wanted in a trespassing incident.

During the stop, Fogg attempted to flee from Officer Streeter.

Officer Streeter was able to take Fogg to the ground, where he began to fight with Officer Streeter.

Fogg pulled a BB pistol from his pocket and tried to turn it toward Officer Streeter. An employee of a local business observed the struggle and was able to step on Fogg's wrist, which made him lose his grip on the imitation gun. Officer Streeter was subsequently able to take Fogg into custody.

For the second time this month, Fogg’s sentencing was delayed so he could participate in a substance abuse program at the GCASA -- Atwater House.

GCASA – Atwater Home provides a structured, chemical-free environment for men and women in recovery from drug and/or alcohol addiction and is located on East Main Street in the city.

On Aug. 1st, Judge Charles Zambito delayed sentencing and allowed Fogg to participate in a 21-day drug treatment program in Bradford, Pa.

Fogg was being held at the Genesee County Jail without bail, he was released under supervision to his mother on Aug. 1st.

According to Fogg’s public defender, Jamie Welch, Fogg completed the program in Bradford on Aug. 22 and was discharged. He has since been staying at a halfway house at the Atwater House.

Fogg was scheduled to appear in Genesee County Court for sentencing this morning (Aug. 26), but Fogg was not in court at the appointed time and Welch did not know his whereabouts. Judge Zambito then issued a warrant for his arrest.

After showing up at 10 a.m., Judge Zambito recalled the warrant and the case proceeded.

After the case was recalled, Welch requested a two-month adjournment on sentencing to see how Fogg does in the program. He told Judge Zambito he was hoping for a sentence of five years probation.

Judge Zambito agreed to the two-month adjournment and requested reports from the program at Atwater House.

“I would like to know as soon as he is finished or if he was terminated from the program,” said Judge Zambito.

Zambito then warned Fogg if he was terminated from the program a warrant for his arrest would be issued.

“Considering the seriousness of the offense, there are no promises from me, you are working towards avoiding a state prison sentence.”

Fogg is scheduled to appear for sentencing at 1:30 p.m. on Oct. 30.

For previous coverage of Brandon Fogg and the incident involving Officer Darryle Streeter:

Citizen assists officer in struggle with suspect who allegedly pulled weapon from his pocket​

Batavia man accused of using BB gun to menace city cop pleads guilty​

Man who menaced cop with BB gun given chance for drug treatment​

Nineteen arrests made at Saturday's Florida Georgia Line concert at Darien Lake

By Billie Owens

The following people were arrested by the Genesee County Sheriff’s Department during the Florida Georgia Line concert at Darien Lake Performing Arts Center on Saturday, Aug. 24. They were issued appearance tickets for Sept. 10 in Darien Town Court.

Creighton W. Schreyer, age 18, of Albany Street, Fort Erie, Ontario, Canada arrested for false personation and petit larceny after allegedly stealing a bottle of alcohol from a vending stand inside the venue and then providing false information of his identity. 

Candice C. Gray, age 29, of East 37th Street, Hamilton, Ontario, Canada arrested for petit larceny after allegedly stealing a bottle of alcohol from a vending stand inside the venue.  

Laurel G. Natale, age 21, of Forest Hill Road, St. Catherines, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Claire E. Stavina, age 21, of Valencia Drive, St. Catherines, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Austin M. Cappa, age 25, of Sherri-Lee Crescent, Fonthill, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Brayden L.J. Stortz, age 23, of 1st Avenue, Welland, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Paul R. Walker, age 60, of Wheatland Center Road, Scottsville, arrested for second-degree harassment after allegedly attempting to strike a deputy.  

London A. Dickson, age 21, of Route 238, Warsaw, arrested for third-degree criminal trespass after allegedly entering the concert venue after being ejected and told not to return. 

Brandon M. Rogers, age 24, of Indian Trail, Williamsville, arrested for obstructing governmental administration in the second degree and second-degree harassment after allegedly elbowing a deputy in the chest and then attempting to flee to avoid arrest.  

Scott H. Child, age 20, of Henderson Road, Wellandport, Ontario, Canada arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

A 16-year-old female, of Phelps Road, Corfu, arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Samantha A. Goucher, age 22, of Cooper Street, Cato, arrested for fourth-degree criminal mischief after allegedly damaging a tarp belonging to Live Nation. 

Abigail L. Leonti, age 21, of Barnes Road, Port Byron, arrested for fourth-degree criminal mischief after allegedly damaging a tarp belonging to Live Nation. 

Phil J. Lafreniere, age 25, of North Main Street, Warsaw, arrested for petit larceny after allegedly stealing a bottle of alcohol from a vending stand inside the venue.  

Braeden R. Doust, age 22, of Apulla Road, Jamesville, arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Miranda M. Jachimiak, age 40, of Liberty Street, Bliss, arrested for second-degree harassment after allegedly shoving a Darien Lake employee. 

Justin P. Crandall, age 36, of Liberty Street, Bliss, arrested for two counts for second-degree harassment after allegedly shoving two Darien Lake employees. 

Samantha A. Mikos, age 24, of 7th Street, Niagara Falls, arrested for trespass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Adrian J. Puchalski, age 49, of South Edwards Avenue, Syracuse, arrested for respass after allegedly attempting to reenter the concert venue after being previously ejected and told not to return.  

Kiss concert: A Canadian man was the only person arrested

By Billie Owens

From the Genesee County Sheriff's Office:

One person was arrested by the Genesee County Sheriff’s Department during the Kiss concert at Darien Lake Performing Arts Center on Friday, Aug. 23.

Richard Quesnelle, age 51, of Carl Road, Port Colborne, Ontario, Canada, arrested for second-degree harassment after allegedly pushing another patron to the ground. 

He is due in Darien Town Court on Sept. 3 to answer the charge.

Oakfield man arrested after fleeing pickup stuck on railroad tracks that was hit by train in Corfu

By Billie Owens

From the Genesee County Sheriff's Office:

The Genesee County Sheriff's Office investigated a report of a motor vehicle struck by a train at 12:29 a.m. on Sunday, Aug. 25.

The incident occurred on the railroad tracks between Depot Street and Water Street in the Village of Corfu and was reported to the Genesee County Emergency Dispatch Center.

Upon arrival, patrols observed a CSX freight train stopped on the railroad tracks that appeared to be traveling west. A black 2015 GMC Sierra pickup truck was also observed on the railroad tracks with damage to the rear of the truck.

It appeared that the GMC attempted to cross over the tracks and bottomed out, coming to a rest on the north railroad track. That is when the CSX freight train struck the rear of the truck, pushing it off the tracks.

The GMC did not appear to be occupied; however the occupants were reported to have fled the scene by witnesses. No injuries were sustained or reported as a result of the incident.

After further investigation, Brendan M. Kotarski, 27, of Oak Street in Oakfield, and a female passenger were located and found to be the sole occupants of the 2015 GMC Sierra.

Kotarski was later identified as the operator and was administered standard field sobriety tests. Kotarski was allegedly found to be intoxicated and was charged with: driving while intoxicated; DWI with a BAC of .08 percent or more; reckless driving; leaving the scene of a property damage accident; and reckless endangerment in the second degree.

He was released and scheduled to appear in Corfu Village Court on Sept. 9.

The incident was investigated by Corfu Police Officer Kevin Koscielniak, Officer Peter Scanio and members of the CSX Railroad Police Department. Assistance at the scene was given by Genesee County Sheriff's Sgt. Andrew Hale, Deputy Erik Andre, Deputy Kenneth Quackenbush, and Deputy David Moore, along with members of the Corfu Fire Department.

City fire hydrants to be flushed and tested this week north of Main, West of Bank

By Billie Owens

From the City of Batavia Fire Department:

The City of Batavia Fire Department will be flushing / testing fire hydrants on Tuesday, Aug. 27, Wednesday, Aug. 28, and Thursday, Aug. 29 from about 9 a.m. to 3 p.m. in the general area north of Main Street and west of Bank Street.

Homes and nearby businesses will be affected.

These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if yopur water appears discolored. If you do see discoloration of your water, run cold water for about five minutes or until clear.

Lockport woman identified in Saturday's fatal crash in Darien

By Billie Owens

Photo courtesy of Alecia Kaus/Video News Service.

From the NYS Police, Troop A, Batavia:

DARIEN -- Shirley Bane, 68, of Lockport, was killed Saturday in the Town of Darien after she failed to stop at a stop sign at the intersection of Harlow and Sumner roads.

On Aug. 24, at 3:11 p.m. troopers out of SP Batavia responded to a two-vehicle collision at that intersection.

Further investigation revealed that Bane's 2017 Buick was traveling northbound on Harlow Road and failed to stop at the stop sign at the intersection of Sumner Road.

The 2015 Dodge pickup truck was traveling westbound on Sumner Road and struck the 2017 Buick on the passenger side.

Bane was pronounced at the scene by the Genesee County Coroner. Occupants of the Dodge pickup were transported to a hospital and treated for nonlife threatening injuries.

The Bureau of Criminal Investigation and the NYSP Collision Reconstruction Unit assisted in this investigation.

For previous coverage of the accident, click here.

Photos: Batavia Downs Family Fun Day and Wiener Dog Races

By James Burns

Batavia Downs had its annual “Family Fun Day” this afternoon, with the highlight being the Wiener Dog races.

Eighty dogs had entered for 10 heats with one final race, that was again this year, a photo finish.

Dallas owned by Kristy Hody (Dallas is pictured below) came from behind and won the Dachshund Dash by a nose in a near three-way tie. 

Dallas is a first-time winner of the race. He had a little light trainng in the days preceding the event and is seen here with his favorite treat, a carrot.

Apparently Dallas’s athletic training regiment will not allow for him to have a higher calorie snack even after a victory. 

There was also face painting, games, magic, and pony rides for the kids during the normal Sunday harness racing meet. 

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