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A deck is on fire at 99 Myrtle St. in the Village of Le Roy. It is attached to the house. Le Roy fire is responding along with an engine from the city and mutual aid from Bergen. The landlord is on scene. Flames and smoke are showing. Le Roy police and medics are on scene. The location is between Craigie and Gilbert streets.

The road is being shut down at Myrtle and Craigie, and at Myrtle and Gilbert.

UPDATE 3:05 p.m.: The fire was put out about 20 minutes ago. The roads are reopened.

UPDATE 3:09 a.m.: The Le Roy assignment was put back in service a minute ago, but a unit will remain on scene "until the homeowner arrives."

It is alleged that in the month of July, while in the Village of Le Roy, that Frisby subjected a female to sexual contact by forcible compulsion. Frisby was arraigned before the court and released under supervision of Genesee Justice.

Jeremy D. Lyons (inset photo, below right), 34, of Perry Road, Le Roy, is charged with one count each of the misdemeanors of third-degree assault and criminal obstruction of breathing or blood circulation. A violent domestic/assault led to the arrest of Lyons, a parolee, in the Village of Le Roy on Aug. 6.

Afterward, Lyons ran off. Lyons was located later that day by police after a small search, in which Lyons was discovered hiding in the weeds in the area of the Little League Field between East Main Street and St. Marks Street. Following his arrest, Lyons was arraigned and put in Genesee County Jail in lieu of $750 bail. A parole violation warrant was also issued due to this incident.

Darrell D. Smith, 52, of Highland Parkway, Batavia, is charged with criminal mischief. He was arrested after a domestic incident at midnight on Aug. 8 on Prune Street, Batavia. He was arraigned in Batavia City Court and released on his own recognizance. He is due in city court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Carlos E. Flores, 27, of Rand Street, Rochester, is charged with second-degree harassment. Flores was arrested after an incident at 8:35 p.m. Aug. 11 on Bank Street in Batavia. He allegedly threatened a person using gestures with his hands during a verbal dispute that caused the victim to be in fear. He was issued an appearance ticket and released and is due in Batavia City Court on Aug. 20. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Dan Coffey.

Darius Lamar Jones, 27, of Exchange Street, Attica, is charged with: criminal possession of a controlled substance; unlawful possession of marijuana; speed violation -- exceeding 55 mph; and unlicensed operation of a motor vehicle. At 9:02 p.m. on Aug. 7 on Route 33 in Byron, Jones was arrested after a traffic stop. It is alleged that "criminal indicators were observed," leading to a search of Jones and his vehicle. The search allegedly yielded marijuana, controlled substances and drug paraphernalia. He was issued appearance tickets for Sept. 9 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy James Stack.

Linda Marie Clemens, 58, of South Main Street, Batavia, is charged with aggravated driving while intoxicated and DWI. At 11:23 p.m. on Aug. 7, deputies responded to the parking lot of Batavia Downs on Park Road for a reported motor-vehicle accident. When they arrived they located Clemens in her vehicle. It is alleged that Clemens struck a parked vehicle in the parking lot. She was released on appearance tickets for Aug. 26 in Batavia Town Court. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Ryan Young.

(name redacted upon request), of Farwell Drive, Batavia, is charged with unreasonable noise. He was arrested following a loud music complaint at 11 a.m. on Aug. 9 on Farwell Drive. He was released on an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Jason Ivison.

Carrie A. Stewart, 39, of Church Road, Darien, is charged with petit larceny. She was arrested after an investigation of a larceny that occurred at 11:47 a.m. on Aug. 10 on East Main Street in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Aug. 20.

Christine Wark, 34, of School Street, Le Roy was arrested by the Le Roy Police Department on July 22 and charged with one count of petit larceny after a complaint from a local business that Wark was allegedly seen shoplifting inside the store. Upon arrival of the Le Roy Police, Wark was arrested and released on an appearance ticket to appear in the Le Roy Court at a later date.

Cody N. Proefrock, 26, of Liberty Street, Batavia, is charged with petit larceny. He was arrested after allegedly shoplifting from a local store at 5:20 p.m. on Aug. 6. He turned himself in. He was issued appearance tickets and released and is due in Batavia City Court on Aug. 20. The case handled by Batavia Police Officer Marc Lawrence.

Tony J. Aguglia, 39, of Main Street, Clarence, is charged with failure to appear. He responded to Batavia Police station at 1 p.m. on Aug. 6 and turned himself in on an arrest warrant. He is due in Batavia City Court on Aug. 13. The case was handled by Batavia Police Officer Felicia DeGroot.

Dispatch received a complaint that a female placed a turtle on her front porch and has not been caring for it. It has been on the porch for about a week. The call came from a neighbor. Didn't catch the location. An animal control officer is responding.

The bridge that will span the Tonawanda Creek as part of the Ellicott Trail is being installed today.

The $1.7-million project will provide a biking and walking trail from just west of Williams Park to Seven Springs Road (see map).

(Editor's note: For a closer look at the trail map, click here.)

An unoccupied SUV in the grocery pickup section of the Walmart parking lot reportedly has a dog locked inside. The caller waited by the vehicle 15 minutes to see if the owner would return before calling dispatch. An animal control officer and a deputy are en route.

UPDATE 11:44 p.m.: The deputy is on site and speaking with the dog owner. The deputy advises the animal control officer can disregard the dispatch.

The Sheriff's Office reports that a cow was intentionally shot and killed in the area of Bennett Road and Simonds Road in the Town of Darien sometime after sunset Saturday and sunrise Sunday.

Anyone with information that may assist in the investigation is asked to call Deputy Kevin McCarthy at 585-343-5000.

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.65, down 6 cents from last week. One year ago, the price was $2.86. The New York State average is $2.84 – down 2 cents from last week. A year ago, the NYS average was $3.01. AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.83 (up a penny since last week)
• Buffalo -- $2.80 (down a penny since last week)
• Ithaca -- $2.77 (down 2 cents since last week)
• Rochester -- $2.79 (down 2 cents since last week)
• Rome -- $2.83 (down a penny since last week)
• Syracuse -- $2.72 (down 4 cents since last week)
• Watertown -- $2.77 (down 2 cents since last week)

In its latest weekly report, the Energy Information Administration revealed that gasoline stocks grew by an astonishing 4.4 million barrels. Total domestic stocks now sit at 235.2 million barrels.

Meanwhile, gas demand grew slightly from 9.55 million barrels per day to 9.65 million barrels per day. The increasing stock levels are contributing to pump price drops this week, even though demand remains strong.

If total domestic stocks continue to outpace demand, American motorists will likely continue to see pump prices drop this summer.

A one-vehicle rollover accident is reported in the area of 5589 Paul Road, Bethany. 

The driver is reportedly out of the vehicle and walking around but may have suffered a head injury.

Bethany fire and Mercy EMS dispatched.

UPDATE 11:59 a.m.: A first responder on scene reports a car is off the road in a field, overturned. Patient is conscious and alert, with minor abrasions on his head.

UPDATE 12:34 p.m.: The male driver is being transported to UMMC. He is complaining of a stabbing feeling of pain in his neck. His vehicle rolled several times. He did not lose consciousness and self-extricated from the accident.

A motorcycle has reportedly hit a dog at the intersection of Main Road and Alleghany Road in Pembroke.

Minor injuries reported.

No word on the condition of the dog.

Pembroke fire, Indian Falls fire, and Mercy EMS dispatched.

State Police are on location.

A two-car accident with injuries is reported on the Citgo Gas Station property at 8204 Park Road. NYS Troopers are on scene. Mercy medics are called for reports of generalized pain. Town of Batavia Fire Department is also responding.

UPDATE 12:15 p.m.: One vehicle is blocking traffic.

UPDATE 12:16 p.m.: A first responder on scene says injuries are minor. There is a lot of debris in the roadway.

UPDATE 12:39 p.m.: The town assignment is back in service.

Press release:

Today I am officially declaring my candidacy in New York’s 27th Congressional District. In some ways, it seems like I never stopped. I continue to travel across Western New York meeting with good people; listening and learning.

But I was struggling to officially commit. I know how hard it is to run, how much time it takes away from my family, and the hateful attacks we will endure. I also considered other opportunities as a business professional and even other roles as a public servant. Certainly, there is a path of less resistance.

Instead, I am choosing the path of most resistance. This week marks the one-year anniversary of Chris Collins’ federal indictment charges for insider trading. Mr. Collins and the political machine behind him remain strong despite his many ethical and legal failures. Many party loyalists continue to view him favorably, even more than his Republican challengers. He retains this support in part due to the tactics he employs; the depths he and his hateful political forces will stoop to.

Despite the perceived insurmountable challenges in 2018, our race against Collins was one of the closest in the country (decided by less than 1 percent), achieving the largest partisan swing of any first time state/ federal candidate in the country—in a district designed for a Republican (any Republican) to win easily. This was despite our side being outspent, outnumbered, and attacked day after day by some of the most dishonest and detestable TV ads ever produced for a political race.

Why did we perform so well? Many are tired of being asked to vote blindly for their party. They are tired of nothing ever-improving, nothing ever-changing. And they are tired of the politics of hate and corruption. With your support, passion, and service to our community, we can finish what we started 2018 and finally reclaim this seat on behalf of the hardworking people of Western New York. People like you, who go to work on time every day, who help their neighbors, who never cheat their business associates, and who spread kindness and goodness throughout their lives.

The last time I ran I said that we needed to “Fight Like Hell.” And we did fight like hell. We always will. But this time I will rely more on the good hearts and values I saw in the people of my district. We will empower the kindness and goodness around us. We will, “Be Kind. Do Good.”

It sounds simple, maybe some will call it soft. But could any two words be more strong in this age of professional cruelty? Kindness and goodness in an era of violence and hate is more bold than any rally cry.

All of us fall short of these values. It is easier to match rage with rage, hate with hate. But with kindness and goodness as our standard, we can overcome this sad moment in American history — a moment where all good people regardless of party affiliation can all feel the America we love fading.

Do not let America fade. America must always be, as Ronald Reagan called it, the “City on the Hill.” A country of kindness and goodness, where capitalism does not build walls; it builds ladders allowing every American to climb from poverty to flourishing. Where we do not fear science and fact, but embrace and lead the world in research and education. Where we do not pay homage to millionaires and aristocrats but value those who provide humble, honest service to family, friends and community.

In 2020, we will go to Washington to fight for healthcare for every American (now!), infrastructure (now!), for common-sense gun control (and now!), for immigration reform to help our farmers (now!), and for technologies and policies that will confront the reality of climate change. I will also fight for a capitalist system that preserves the American Dream and provides opportunities to all, and not just hoards wealth for the most connected and elite.

“Given how close Nate came in 2018, we are thrilled to have him running for us this cycle. It’s been too long since the people of NY-27 have had a representative that cares about representing the voters rather than the party. It is the one-year anniversary of Chris Collins’ indictment and the Republicans are still stuck with him and don’t know what to do. We are delighted to have Nate running again” -- Judith Hunter (chair, Livingston County Democratic Committee)

"When Nate McMurray ran in NY-27 in 2018, he came within less than a percentage point of victory. But along with this, he did something else, something magical. He energized the rural counties. He created a movement on the ground that hasn't gone away. Nate asked them all to ‘Fight Like Hell’, they did, and will again." -- Cynthia Appleton (chair, Wyoming County Democratic Committee)

“I am so pleased to hear that Nate will be running again. He has visited Orleans County many times and is very aware of what our small county faces every day...few jobs, lack of affordable housing and high taxes. We need Nate!” -- Jeanne Crane (chair, Orleans County Democratic Committee)

“Chairwoman Brittaney Wells and the Monroe County Democratic Committee are proud to join Nate to finish the fight he began in 2018 for the 27th Congressional District. We are confident that he will be successful in his effort to unseat an absentee billionaire that has not represented the hard-working people of the 27th. Nate will restore integrity to the office and ensure his constituents are heard.” -- Brittaney Wells (chair, Monroe County Democratic Committee)

Thank you all for standing with me in the battles ahead. Together we will finish what we started; together we will bring real representation to the hard-working people of Western New York.

Canadian rock band Theory of a Deadman headlined Batavia Downs last evening in front of a jam-packed crowd to close out their 2019 summer concert series. 

The national recording artists draw a mixture of music styles of country, post-grunge and hard rock.

In 2017 the band released a new album "Wake Up Call" that features the song "Rx (Medicate)." Other top hits performed last evening were "Bad Girlfriend," "Angel" and "Hate My Life."

A power surge is reported in the area of 6974 Norton Road, Elba.

Elba fire is on scene and Town of Batavia fire and South Byron fire requested to assist.

National Grid reports five customers in the area without power with an estimated time of 8 p.m. for power restoration.

A driver of a 2007 Ford sedan on Maltby Road at 10:30 a.m. yesterday allegedly failed to yield to a piece of heavy farm equipment, causing a portion of the car to get crushed.

No injuries were reported in the accident.

Patricia A. Seguin, 71, of Maltby Road, Oakfield, was issued a citation.

The driver of the 2019 tractor was Kevin L. Witkop, 33, of Johnny Cake Lane, Albion. 

The equipment owner is listed as Helena Agri Enterprises of Medina.

Seguin was reportedly westbound on Maltby Road when her car encountered the tractor at the intersection of Fisher Road, where she tried to make a left turn.

Witkop tried avoiding the collision by hitting his brakes and maneuvering to the north. The sedan collided with the tractor.

Deputy Kenneth Quackenbush investigated the accident and said that witness statements corroborated the accounts of both drivers.

Photo and press release from the Batavia Police and Genesee County Probation departments:

The Batavia Police and Genesee County Probation departments have teamed up to warn citizens of the potential dangers associated with the possession of BB and Airsoft guns.

The concern comes from how close BB and Airsoft guns appear to actual firearms, especially if they have been modified to appear more realistic.

Airsoft guns are generally shipped with an orange tip to help distinguish them from actual firearms, but both police and probation have encountered guns which have been painted to appear real.

For those who missed this year's National Night Out on Tuesday, Genesee County Probation had both a real firearm and a BB gun on display with the posed question, “Which one is the real gun?” Citizens found that even with a close inspection, let alone a split-second decision, it was difficult to tell which one was real. 

Although Batavia has not had a lethal incident involving a citizen with a BB or Airsoft gun, other areas of the country have, which prompted the partnership and this warning.

If anyone with these items on them gets approached by an officer, they should keep their hands away from the firearm, keep their hands visible and follow the officer’s commands.

In a situation where firearms are involved, officers have a split-second decision to make, and if these BB guns and Airsoft guns are altered it can be difficult to distinguish them from a real firearm in that brief moment.

It doesn’t matter if the citizen knows they have a BB gun or a toy gun painted to look like a real firearm, because if the officer does not know and the citizen points it in the direction of an officer or another person, an officer could easily make the justified split-second decision to use deadly physical force.

Shake on the Lake, a Shakespearean troupe from Perry, is wrapping up its eighth season of touring Western New York with free and low-cost performances of William Shakespeare's "As You Like It."

Typically, the performances are at outdoor venues and Thursday the company was planning to perform in Centennial Park. But yesterday's rain drove them indoors, to the Steiner Theater at Genesee Community College.

The show opened with a series of song performances to warm up the audience.

Yesterday's performance was free thanks to a donation from Tompkins Bank of Castile.

Above, band Finance Director Bob Pastecki with 2019 scholarship winners Kyla Leno, left, and Katie Dessert.

Submitted photos and press release:

The Batavia Concert Band closed its 94th season on Aug. 7th, and presented some special awards.

Scholarship awards were presented to Katie Dessert and Kyla Leno. Dessert received the Batavia Concert Band Board of Directors Scholarship, and Leno received the Conductor’s Choice Scholarship.

Both Dessert and Leno are Music Education majors, have played with the Batavia Concert Band for several season, and aspire to become music teachers.

Board Member Ann Arent also presented the annual Pam Frisby Friend of the Band Award. Frisby was a former Board present and ardent supporter of the Band, and this award is given in her honor. The 2019 recipient was Charlie Gould. He is a regular presence at the Wednesday evening concerts, and often leads the crowd in singing the "Star Spangled Banner."

The Board of Directors and band officers would like to thank a dedicated and enthusiastic crowd, and season-long sponsors GO-ART! and WBTA. A full listing of gold, silver and bronze sponsors may be found at www.bataviaconcertband.net

Plans are already underway for the 2020 season!

Below, Board Member Ann Arent speaking about the annual Pam Frisby Friend of the Band Award.

Below, Charlie Gould, this year's recipient of the annual Pam Frisby Friend of the Band Award.

A caller reports a pet(s) left behind when the occupants moved out of a residence on Valley View Drive in Batavia. An animal control officer is responding.

UPDATE 5:42 p.m.: A reader with knowledge of the situation writes: "The owners were located and the pets are being taken care of by family members while the owners deal with some health issues."

A semi-truck hauling garbage and a passenger vehicle with a driver and 18-month-old child were involved in an accident on Route 33 near Ivison Road in Stafford at about 9:30 a.m.

The driver of the passenger vehicle was taken into custody on a warrant.

The 18-month-old was reportedly uninjured and transported to UMMC for evaluation. The child was reportedly properly strapped into a child safety seat.

We've been unable to obtain information about the accident from the Sheriff's Office.

(Initial report)