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Pedestrian hit in front of Flying J, Pembroke

By Howard B. Owens

A car vs. pedestrian accident is reported on Route 77 in front of the Flying J Travel Plaza, Pembroke. 

Pembroke fire and Indian Falls fire along with Mercy EMS are responding. 

Mercy Flight also dispatched. 

Corfu fire requested to shutdown all northbound traffic at Route 5.

UPDATE 8:26 p.m.: Southbound traffic shutdown at the interchange. 

UPDATE 8:30 p.m.: ETA for Mercy Flight #5 out of Batavia is six to eight minutes. Landing zone at the Town Hall. 

UPDATE 8:36 p.m.: Mercy Flight on the ground. 

UPDATE 8:58 p.m.: Mercy Flight in the air. Flying to Women and Children's Hospital in Buffalo. Road reopened. Pembroke and Indian Falls back in service. 

Two arrests at Green Day concert

By Howard B. Owens

The following people were arrested by the Genesee County Sheriff’s Office during the Green Day Concert at Darien Lake Performing Arts Center on Saturday:

Dustin R. Waldmiller, 23 of Harding Road, Williamsville, is charged with unlawful possession of marijuana after allegedly being found in possession of marijuana.

Thomas J. Pilarz, 27, of Appletree Courts, Cheektowaga, is charged with disorderly conduct after allegedly causing a disturbance in the venue parking lot.

Genesee County 4-H Dairy youth compete at NYS Fair

By Billie Owens

Dairy Challenge Team (from left): Jillian Brewer, Renee Uberty, Maggie Winsper, Amelia Brewer.

Submitted photos and press release:

Several youth from the Genesee County 4-H Dairy Club competed at two dairy events held at the New York State Fair in Syracuse.

The Dairy Challenge contest was held on Aug. 23 and is a contest in which youth are quizzed at stations on different dairy topics such as: nutrition, anatomy, physiology, and product/equipment knowledge.

Genesee County 4-H Junior Team participants were: Amelia Brewer, Jillian Brewer, Maggie Winspear and Renee Uberty.

The Dairy Judging Contest was held on Aug. 24 and allowed youth to be the judge; scoring animals on dairy character and functionality and structural correctness of the animals.

The following youth represented Genesee County 4-H:

Novice Teams 

Genesee Team 1: Caroline Luft, Maggie Winspear, Bing Zuber -- Second Place

Genesee Team 2: Adison Norton, Renee Uberty -- Fifth Place

Novice Individuals

Bing Zuber -- Fourth Place

Adison Norton -- Sixth Place

Caroline Luft -- Seventh Place

Maggie Winspear – 12th Place

Renee Uberty – 14th Place

Junior Team

Amelia Brewer, Georgia Luft, Mason Werth, Claire Mathes, Jillian Brewer) – Eighth Place

Junior Individuals

Amelia Brewer -- 21st Place

Georgia Luft -- 24th Place

Mason Werth -- 34th Place

Claire Mathes -- 41st Place

Jillian Brewer -- 49th Place

Senior Individual

Mary Sweeney -- Sixth Place -- Individual and Fourth Place -- Reasons.

Mary will return with the top 25 contestants, for a second round of the contest on Sept. 1. She will be competing for a spot on the New York State 4-H Dairy Judging team to represent New York at a National Competition in Madison, Wis., World Dairy Expo.

We are very proud of all the our youth for competing at the state level and look forward to going back for next year’s competition. Thank you to our 4-H Dairy Club Volunteers who helped make this opportunity possible.

Dairy Judging Team -- back row: Amelia Brewer, Maggie Winspear, Renee Uberty, Jillian Brewer, Mason Werth, Adison Norton; Front row -- Georgia Luft, Bing Zuber, Caroline Luft.

Man accused of setting box on fire in attempt to steal Apple ear buds from Walmart

By Howard B. Owens

A 19-year-old Batavia man has been charged with arson and petit larceny after allegedly setting a box on fire that contained Apple ear buds in an attempt to steal them.

The suspect then disposed of the burnt box under a metal display rack and attempted to leave the store before being intercepted by store security officers.

Arrested was John Rai Delara, 19, of MacArthur Drive, Batavia. He was charged with petit larceny, fifth-degree arson, and criminal mischief, 4th.

He was released on an appearance ticket.

Photos: Green Day packs a high-energy performance at Darien Lake

By Steve Ognibene

Punk rock band Green Day, along with special guest Catfish and the Bottlemen, performed last evening at Darien Lake Performing Arts Center in front of a nearly sold-out, jumping crowd. The band is on their Revolution Radio Tour opening with "Know Your Enemy," during which they asked a fan to join them on stage.

Billy Joe Armstrong and his head-spinning members have not lost the beat of their multi-decade followers, who continued to shake the venue to new levels. The explosive pyrotechnics of white and orange sparks heated up the zoo of many faces to be entertained.

The crowd was outspoken for singing lyrics of songs like "Welcome to Paradise," "American Idiot," "21 Guns" and "Good Riddance." The two-plus hours fueled an energetic night for all who attended.

Photos: Here and Now Festival in Austin Park

By Howard B. Owens

Austin Park was filled with praise and worship this weekend for the Here and Now Festival, featuring several Christian music acts and pastors along with dozens of vendors and activities for families.

More than 3,000 people turned out for last night's music and the festival continues today through 10 p.m.

Photo: Doggie Day at Dave's Ice Cream

By Howard B. Owens

Today is National Dog Day and so it was DoggieDay at Dave's Ice Cream on West Main Street Road, Batavia.

Dogs got free ice cream. It was also a fundraiser for Volunteers for Animals with hot dogs and soda.

Some readers may remember "Pachuco," who was our "Pets columnist" back when we first started and ran an adopt-a-pet column. When we first moved to Batavia in 2009, that first summer, we took Pachuco to Dave's on Doggie Day. Pachuco is nearly 10 years old, which is elderly for a dog his size. This is probably his last Doggie Day.

In the background, Rocky, who is doing very well.

Fundraiser set for toddler and family in treatment for leukemia

By Howard B. Owens

There's good news for 8-month-old Halani Rolle and her family. Doctor's say she's in remission for acute myeloid leukemia, but her treatments are far from over. (Previously: Infant in Batavia fighting the battle of her life)

She will have a bone-marrow transplant. Her sister Harlem is the donor.

There is a fundraiser for Halani and her family at the VFW on Sept. 2.

More information from her mother:

She has undergone three rounds of chemo and is currently in remission set to have a bone marrow transplant on Sept. 13th. Her sister Harlem is her match and will be her donor.

She is so appreciative to be helping her sister. Harlem says, "Mom, Halani is going to be just like me now because she's going to have my blood."

Halani is home for the time being and has been since Aug. 13 after spending three months in at Women and Children's in Buffalo. Halani will be readmitted to Golisano Children's Hospital in Rochester on Sept. 5 to begin another round of chemo to bottom her out before transplant.

We are so blessed to have her home for her benefit, which is why we want to invite the public.

Halani has received so much support from the community and from people who have never met her. We want to give back by inviting everyone. It will be held at the VFW in Batavia near the sand wash on Sept. 2 from 1 to 6 p.m. Tickets are $20 until Sunday. They include a meal, which consists of a chicken BBQ, mac salad, and salt patatoes, also a roll and one drink. It will also include a sheet of raffle tickets. There is cash bar and Macy Paradise will be the DJ. There will also be face painting for the kids. Brian Kemp of T-shirts Etc. is designing her shirts, which will be sold for $10 each.

Rollover accident with unresponsive driver reported on Simonds Road, Darien

By Billie Owens

A single-vehicle rollover accident is reported at 10058 Simonds Road. The vehicle rolled over several times, according to the person calling dispatch. The driver is unresponsive.

Darien Fire Department and Mercy medics are responding.

UPDATE: A male driver suffered serious injury. Taken to ECMC by Mercy Flight. A female passenger transported to strong by ground ambulance with non-life-threatening injuries. Sheriff's Office investigation underway. Crash Management Team on scene.

UPDATE 7:30 a.m.: The driver has been identified as Timothy W. Rohl, 51, of Cedarwood Terrace, Rochester. The passenger was Christine L. Ost, 41, who was also the owner of the 2005 Ford Escape. The vehicle was eastbound on Sumner Road when it failed to negotiate a left curve in the roadway and traveled off the east shoulder of Simonds Road. The vehicle rotated counterclockwise, traveling off the west shoulder of the road, down an earth embankment, which caused it to rollover and come to rest on its wheels facing south. The crash is under investigation and charges are pending. Unsafe speed is considered to be a factor in the crash. The investigation is being conducted by Sgt. Jason Saile, Investigator James Diehl, Deputy and Ryan DeLong. Assisting at the scene were Darien fire, Mercy EMS and NYSP.

Photo by Alecia Kaus/Video News Service.

Accident with injuries reported on Clinton Street Road, Bergen

By Billie Owens

An accident with injuries, blocking traffic, is reported at 7520 Clinton Street Road.

Bergen Fire Department and Mercy medics are responding and Mercy Flight is on ground standby.

UPDATE 9:33 p.m.: A firefighter on scene reports two patients, no extrication necessary and Mercy Flight not needed.

Truck takes down power lines on Edwards Street, Batavia

By Howard B. Owens

A truck has reportedly hit a pole, taking down power lines in the area of 25 Edwards St., Batavia. 

No injuries are reported. 

City fire responding. 

UPDATE 8:09 p.m.: National Grid being notified. 

UPDATE 8:11 p.m.: National Grid on location.

Batavia Downs hosts Family Fun Day and Wiener Dog races Sunday

By Billie Owens

(Photo of a previous contender by Paul White.)

By Tim Bojarski, for Batavia Downs

On Sunday (Aug. 27) Batavia Downs will once again present the very popular Family Fun Day and Wiener Dog races. It’s daylong of fun for the entire family and every year it fills the Downs with thousands of kids, parents and grandparents.

There is a full schedule of free fun for the kids including pony rides sponsored by Castilone Chrysler Dodge Jeep Ram of Batavia, Pringles the Clown, Jason the Juggler, Mr. Scribbles and booths set up on the apron that will include Leroy Airbrush, face painting and sand art. These events run from 2 to 4 p.m.

One-dollar food items that include hot dogs, soda and sno-cones will be available from noon until the last live harness race on the apron.

Then following the live harness racing action at approximately 4:30 p.m., the Wiener dogs hit the track for the “Dachshund Dash” sponsored by Genesee Feeds of Batavia. Ten heats with eight dogs per heat will line up before the championship field of 10 is decided.

All dogs entered will be rewarded with $10 of gaming Free-play from Batavia Downs Gaming and a “doggie bag” full of gifts courtesy of Genesee Feeds. Each heat winner will receive an additional $25 in gaming Free-play. And then the winning dog and two runners-up will earn their owners Clubhouse buffets and gaming Free Play packages valued up to $200.

All the dogs must enter the tent “paddock” to register which will be set up by the valet parking entrance near the clubhouse turn. No dogs will be allowed through the main entrance of the track.

“Family Fun Day always brings in our biggest crowd of the year and it’s definitely a red-letter day on our calendar,” said Todd Haight, director/general manager of Live Racing. “Everyone, especially our marketing department, looks forward to having all the dogs getting ready for their respective races, and all the families here to watch and take advantage of the fun on the apron. It’s a great community day that we love to host every year.”

Besides all the excitement in the grandstand, there is also a full card of exciting harness racing action on the track that features the $107,000 New York Sire Stakes (NYSS) for 2-year-old trotting colts and geldings. The two divisions go as races one and four and post time for the first live harness race is 1:15 p.m.

Law and Order: Warrant suspect allegedly carrying cocaine

By Howard B. Owens

Nicholas D. Martino, 37, of Pearl Street, Batavia, is charged with criminal possession of a controlled substance, 7th. Martino was arrested on a warrant out of the City of Batavia and when taken into custody allegedly had a small amount of cocaine on him. He was jailed on $500 bail.

Jamie B. Wix, 41, of Rozzelles Landing Drive, Charlotte, N.C., is charged with DWI, driving with a BAC of .08 or greater and speeding. Wix was stopped at 1:29 a.m., today, on Park Road, Batavia, by Deputy Howard Wilson.

Weeklong trial in sex act case ends in guilty verdict

By Howard B. Owens

A trial that Judge Charles Zambito expected to last four days stretched into a fifth day today with two-and-a-half hours of closing arguments by the two attorneys before the jury was given a chance to deliberate.

Deliberations didn't last long and David K. Atkinson was convicted of criminal sexual act in the first degree.

Atkinson was on trial for forcing a woman he was living with into performing oral sex on him.

It was an act he recorded live and streamed for a man living in Darien whom he apparently suspected of getting involved with the woman. This was apparently supposed to show the Darien man that the woman was still with Atkinson and staying with him.

Jamie Walsh, an attorney with the Public Defender's Office, represented Atkinson and argued that the sexual act was entirely consensual and that Atkinson and the woman had been cuddling before she agreed to perform the act and that she took her shirt off.

The incident started after Atkinson found text messages on the woman's phone between the woman and the man in Darien. This act was supposedly "makeup sex."

There was disagreement between the defense and the prosecution as to how a mobile phone came to be destroyed by a clawhammer and how Atkinson's guitar came to be used as a weapon against the television set in the residence.

Assistant District Attorney Robert Zickl said there was nothing about the event that suggested it was consensual, that the woman felt threatened and forced to perform the act. He said although the video is dark, the woman clearly still had her shirt on, and the language of Atkinson hardly fits his definition of "romantic." Besides, Zickl noted, it seemed odd that a man who claimed he had just been cuddling with his woman and was now getting a consensual and romantic sexual favor, still had his boots on and his pants buckled.

Central Avenue man nixes plea deal, opts for jury trial in second-degree assault case

By Billie Owens

A 38-year-old Central Avenue man charged with second-degree assault declined a plea offer this afternoon in Genesee County Court.

Jason E. Carpenter opted to take his case to trial, according to his attorney, Jerry Ader, and it was put on the court docket for the week of Nov. 13.

He was arrested in March following an investigation by City of Batavia Police Department into a fight involving multiple persons at the corner of Liberty and Sumner streets at 12:10 a.m. on Feb. 26. Carpenter is accused of punching another person in the eye, causing multiple facial fractures.

Carpenter is charged with second-degree assault, a Class D violent felony, and was subsequently indicted for the crime by the Grand Jury. The indictment alleges that with intent to cause serious physical injury to another person, he caused such injury to a person, on Feb. 26 on Liberty Street.

If found guilty on the charge, Carpenter faces up to seven years in state prison.

Under a plea deal offered by District Attorney Lawrence Friedman, the second-degree assault charge would be amended to attempted assault, a nonviolent Class E felony, with a prison sentence range of one-and-a-third to four years, which the judge would determine.

"He's not interested in the plea -- we'd like to schedule this for trial," Ader told Judge Charles Zambito.

Carpenter, a somewhat burly, bearded strawberry blonde who wore khakis, a plaid shirt in earth tones, and clutched a baseball cap in his left hand, did not speak in court.

Man accused of attempted murder agrees to plea deal that includes 15-year prison term

By Howard B. Owens
   Jeremy Armstrong

A man charged with attempted murder accepted a plea deal in County Court today that guarantees a 15-year prison term.

Jeremy R. "Boog" Armstrong, 27, faced a six-account indictment for the shooting of a victim on Jackson Street, Batavia, on Dec. 2. Today was his plea cut-off date and if the case had gone to trial and he was convicted, the maximum available sentence could have locked him away for 37 years.

Armstrong hesitated when first asked by Judge Charles Zambito if he was ready to agree to the terms of the plea. His attorney asked for a recess to confer with his client.

Because there was also a jury trial scheduled for the morning, the recess lasted two-and-half-hours while the attorneys in that case delivered their closing statements.

The plea deal satisfied two indictments, with the one that included the attempted murder charge being reduced to a lesser included offense under count two of attempted assault in the first degree. The second indictment included a count from a separate incident of criminal possession of a controlled substance in the third degree.

When Zambito read the supporting circumstances for attempted assault, his attorney, Mark Foti, objected to "knowingly caused serious physical injury," and with the suggestion of District Attorney Lawrence Friedman, the language was changed to "intent to cause serious physical injury."

Again, Armstrong Hesitated, but after conferring with Foti entered his guilty plea.

He didn't hesitate when pleading guilty to the drug dealing charge.

Friedman said the agreement to nine years for criminal possession and the 15 years for attempted assault were "no more and no less," meaning Armstrong agreed to exactly that time in prison. The sentences would be served concurrently. His term of parole will be decided at the time of his sentence but will be between two-and-a-half and five years.

Sentencing is scheduled for 1:30 p.m., Oct. 6.

Batavians come together to answer hate and bigotry with calls for peace and unity

By Howard B. Owens

More than 200 local residents came together Thursday night at the YWCA on North Street, Batavia, to share words of peace and unity in response to the message of hate and bigotry in Charlottesville, Va., two weeks ago.

Speakers expressed both hope that our society can learn to live in harmony, and anger at chanted slogans and actions of the white supremacists who descended on Charlottesville.

Rev. Sheila Campbell recalled the murder of Heather Heyer, a counter-protester who was killed when a car allegedly driven by a white supremacist drove into a crowd of people, whom she celebrated as a hero who confronted the reality of injustice and inhumanity.

The last social media post by Heyer, Campbell said, was, "If you're not outraged, you're not paying attention."

Heyer, she said, was paying attention.

"The call for the removal of the Confederate statue was a cry for help and she responded in love by standing on the line of justice and equality," Campbell said. "Heather chose to stand on the side of that which unites humanity, which is encased in compassion and empathy. She made the ultimate sacrifice and her name will be forever etched in the annals which recall the blood of the slaughtered voices of justice."

Diana Kastenbaum, a Batavia resident and local business owner, openly confronted her own fear and anger sparked by what she saw on TV in Charlottesville and what she judged to be an inadequate response from some elected leaders and some in the media.

"Don't kid yourself," Kastenbaum said. "This march was not about statues and permits. It was about a group of people marching for equality and another group marching for superiority. There is no moral equivalency."

There were those, she said, who were slow to denounce the bigotry and hate, and even those who did denounce racism while glossing over the overt anti-Semitism, such as the neo-Nazis marching with tiki torches chanting, "Jews will not replace us."

She recalled driving to work the Monday after the protests and seeing two different pickup trucks driving in Batavia flying the Confederate flag from poles in the beds of their trucks.

"One pickup truck was parked in the same driveway of the house where three men on a darkened porch Heil Hitlered my family and I as we left Rosh Hashanah services last year," Kastenbaum said. "From that incident, I knew they were anti-Semitic. Now I know they are also racists. I wondered how many more Confederate flags I would see that day."

Brandon Armstrong, a local business owner, said he came to say a few words about racism.

"I can live my life and not worry about someone who hates me, but I need to know if I go to apply for a job am I going to get the same treatment as everyone else?" Armstrong said. "And if I do get the job, am I going to be treated fair or am I going to get the loan from the bank? See, it's not all about hate."

He said there needs to be a better understanding, and a better response, to what it is that holds poor minorities back from greater achievement, whether it's what they can and should do for themselves, or what needs to be done to help those who can't help themselves.

Other speakers included Father Ivan Trujillo, Dr. Mohammed Rumi, Pastor Jim Renfew, Pastor Ruth Warner (who also played a rendition of "What a friend I have in Jesus" on her oboe), Stan Schumann, president of Temple Emanu-El, and Jeannie Walton, director of the YWCA.

Rev. Roula Alkhouri, of First Presbyterian Church of Batavia, one of the event's organizers, helped open and close the vigil.

She said she was stunned about the news coming out of Charlottesville two weeks ago.

"I didn't know how to respond," Alkhouri said. "I was afraid. A part of me was afraid. As a woman. As an Arab-American. I thought of the fear that people like me experienced because of the hate of others. So I didn't know what to say, what to do. How do I respond? Do I even dare speak up? But then my faith, the example of Jesus in my life led me to say you have to speak up. You have to say something, you have to stand up for what is right.

"And these words from Romans 12:21 came to me. 'Do not overcome evil by evil but with good.' And so I thought what is good in this moment? I thought of the good that comes from us coming together, our standing and say we can love across the boundaries that separate us or seem to separate us, of race, of religion, of different wants or thoughts or political persuasions. We can come and say hate has no place in our country."

Rev. Sheila Campbell

 Rev. Roula Alkhouri

Pastor Ruth Warner

Father Ivan Trujillo

Brandon Armstrong

Stan Schumann

Boy Scout seeking community volunteers for Saturday

By Steve Ognibene

Batavia Boy Scout Troop 6006 Joe Marchese is posing with one of 18 fire hydrants he plans to refurbish the outside of them this Saturday, Aug. 26th. He is looking for people willing to donate their time to help with his Eagle project.

It will benefit the Town of Batavia on Edgewood Drive, Woodland Drive, Valle Drive and Fairway Drive. Supplies suggested to bring, if possible if you have on hand, are wire brushes and paint brushes but this is not mandatory.

Please meet at 29 Edgewood Drive, Batavia, at 8:30 a.m. until 4 p.m. this Saturday.

For more information please contact Joe at 585-343-3784. Refreshments will be provided during the day and food afterward.

Tow-truck driver drives off road after suffering medical issue

By Howard B. Owens

A tow-truck driver suffered a minor medical issue while driving on Clinton Street Road near Grand View Cemetary when he lost control of his vehicle while trying to pull over, and the truck continued to travel off the roadway striking some signs. He was not injured in the crash. Sheriff's Office, Batavia fire, and Mercy EMS responded.

Photos submitted by Brian Odachowski.

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