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County becomes go-to place for veterans in region seeking assistance

By Howard B. Owens

The other day, William Joyce, director of Veterans Services in Genesee County, assisted yet another veteran from outside the county with a Veterans Administration issue.

The veteran had been to the VA in Erie County and complained to a fellow veteran about his difficulties and that veteran told him, "Go see Bill Joyce in Genesee County."

The word is getting around, Joyce told members of the Genesee County Legislature, that Joyce does something other Veterans Services officers in other counties don't do: His job.

"In some counties the VSO doesn't want to do his job," Joyce said. "They just want to sit in the director's chair. They don't want to run a full-service office."

In the past year, the Genesee County office had 5,917 contacts with veterans and provided 7,324 acts of client service. While most of the veterans who come through the office are from Genesee County, a growing percentage are from neighboring counties.

"I don't care where you come from," Joyce said. "I'm here to serve veterans and their families."

A trained and experienced VSO is an asset to veterans dealing with an overburdened and bureaucratic Veterans Administration and other government agencies. 

In his department review, Joyce reported that his office has sent 1,540 original compensation/pension claims to the regional office for adjudication. The Buffalo Regional Office currently has a backlog of 2,750 claims and there are more than 650,000 nationally.

Of those, 225,000 have been pending for more than 125 days. The average case in Buffalo has been pending for 135 days. The regional goal is to reduce that wait time to 125 days.

Since May, Joyce reported, 75 cases have been resolved that had been pending for more than a year.

Locally, the office also helped 151 Genesee County veterans apply for property tax exemptions.

The office also works with the Department of Social Services on benefits eligibility for veterans and this can sometimes help reduce the county cost for Medicaid benefits. He said of 92 referrals, 63 veterans or widows qualified for federal VA benefits.

A mentorship program is also helping veterans find jobs and stay out of trouble. Since 2009, 43 veterans have gone through the county's Veterans Treatment Court with no repeat offenders.

The local office is also assisting veterans and their families with interment arrangements at the new veterans cemetery in Pembroke. Construction of the cemetery begins this fall.

With all this activity, legislators asked Joyce how he keeps up. He said if given the choice between adding another VSO or keeping his secretary, he would keep his secretary. She does half the work, he said, and when she's gone, it falls on him to answer phones, make appointments, and complete some paperwork.  

"I can't do without a secretary," he said, while acknowledging county funds are tight so he doesn't expect any additional help.

Law and Order: Judge Road man accused of harassment, strangulation, petty theft and trespassing

By Billie Owens

Andrew J. Rock, 33, of Judge Road, Batavia, is charged with: second-degree harassment; second-degree strangulation; petit larceny; and second-degree criminal trespass. Rock was arrested following an alleged domestic incident at 3 a.m. on Sept. 2 at an apartment on North Spruce Street in the City of Batavia. He was arraigned in Batavia City Court and jailed without bail. He is due in city court at 1:30 p.m today (Sept. 3). The case was handled by Batavia Police Officer Cowen Mitchell.

Justin R. Swift, 40, of Le Roy, was arrested Aug. 29 following a traffic stop by Wyoming County Sheriff's deputies on Route 20A in the Town of Orangeville. Swift was pulled over at 11:38 p.m. for allegedly speeding and failing to signal for lane changes. Swift also allegedly continued driving for a distance when police were attempting to pull him over. Swift was found to have an open container of alcohol in his vehicle along with a 7-year-old child. Swift allegedly failed roadside standardized field sobriety testing and was taken into custody. The child was transported to the Wyoming County Sheriff’s Office where she was later released to a family member. Swift was also taken to the Wyoming County Sheriff’s Office where he refused to submit to a breath chemical test. Swift was charged with: aggravated driving while intoxicated – child in vehicle; DWI; refusal of pre-screen breath test; consumption of alcohol in motor vehicle; failure to yield right of way to emergency vehicle; no signal; and speed over 55 mph. He was arraigned in the Town of Warsaw Court where his license was suspended pending a DMV Refusal Hearing. He was put in Wyoming County Jail in lieu of $5,000 cash bail or $10,000 bond, and he is scheduled to return to the Town of Orangeville Court on Oct. 2 for further proceedings. The case was handled by Wyoming County Sheriff's Deputy Justin Bliss, assisted by Sgt. Colin Reagan.

Minnie M. Henry, 31, of Central Avenue, Batavia, is charged with third-degree criminal mischief. She was located and arrested after an investigation into an alleged domestic incident at 6:15 a.m. on Aug. 22 at an apartment on Hutchins Street in Batavia. She is due in Batavia City Court this afternoon (Sept. 3). The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Camp.

Jenna L. Josephite, 30, of West Main Street, Batavia, is charged with petit larceny. She was arrested after a larceny investigation at a local business. She was transported to Genesee County Jail for processing and given an appearance ticket for Batavia City Court. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Kevin DeFelice.

Tonya M. Weber-Jackson, 35, of Highland Park, Batavia, was arrested on two warrants out of Batavia City Court. On Sept. 1 she was delivered by Genesee County Sheriff's deputies to the Batavia Police Department headquarters on the warrants. She was arraigned at 9:30 a.m. on Sept. 2 and jailed on $1,000 bail. She is due back in court on Sept. 5. The case was handled by Batavia Police Officer Arick Perkins.

Patrick B. Shores, 32, of Main Road, Stafford, is charged with failure to appear. Shores turned himself in at Batavia Police Department headquarters at 9:15 a.m. on Aug. 25 on an arrest warrant out of Batavia City Court. He was released on his own recognizance and is due back in city court on Sept. 11. The case was handled by Batavia Police Officer Arick Perkins.

Law and Order: Ross Street man accused of injuring victim with blunt object, threatening another

By Billie Owens

Ryan Matthew Sharlow, 49, of Ross Street, Batavia, is charged with second-degree assault, second-degree menacing with a weapon, and fourth-degree criminal mischief. At 10:42 p.m. on Aug. 28, deputies were dispatched to a residence on School Road in the Town of Stafford for a reported disturbance. Sharlow allegedly struck a victim with a blunt object, which caused physical injury, and he allegedly threatened another victim. He was arraigned in Stafford Town Court and jailed in lieu of $10,000 cash or $20,000 bond. He is due in Stafford Town Court at 1 p.m. on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Shannon Gene Draper, 45, of Transit Road, Pavilion, was arrested after allegedly damaging another person's property following a domestic incident at 10 p.m. on Aug. 29 on Transit Road, Pavilion. He was arraigned in Stafford Town Court and released on his own recognizance after temporary orders of protection were issued for the victims. He is due in Pavilion Town Court at 3 p.m. on Tuesday (Sept. 3). The case was handled by Genesee County Sheriff's Deputy Jordan Alejandro, assisted by Deputy James Stack.

Michael E. George, 56, of Lewiston Road, Oakfield, is charged with: aggravated driving while intoxicated with a child under age 16 as passenger -- with a prior conviction within 10 years; DWI with previous convictions; and moving from lane unsafely. At 12:03 a.m. on Sept. 1, Genesee County Sheriff's Deputy David Moore conducted a traffic stop on Route 63 in the Town of Batavia. George was subsequently arrested, arraigned in Town of Batavia Court, and jailed in lieu of $1,000 cash or $2,500 bond. He is due in Town of Batavia Court at 2 p.m. on Sept. 23.

Jordan Lee Hull, 25, of Alpine Lane, Caledonia, is charged with: aggravated driving while intoxicated with a BAC of .18 percent or more; DWI; moving from lane unsafely; leaving the scene of a property damage accident; having an open container of alcohol in the vehicle; and unsafe tire. He was arrested following the investigation of a motor-vehicle accident at 10:03 p.m. Aug. 31 on Circular Hill Road in Le Roy. He is due in Town of Le Roy Court on Sept. 16. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy James Stack.

Jenna Lynn Josephite, 30, of West Main Street Road, Batavia, is charged with criminally using drug paraphernalia in the second degree and promoting prison contraband in the second degree. At 8:35 a.m. on Aug. 29, Genesee County correctional officers were processing Josephite after her arrest in the City of Batavia for petit larceny. It is alleged that she knowingly and unlawfully entered the Genesee County Jail while in possession of contraband -- drug paraphernalia. This was a metal smoking pipe commonly used for narcotics. She is currently under supervision of NYS Parole for criminal possession of a controlled substance in the fifth degree. Parole was notified and a parole detainer was issued. Josephite was transported to Batavia City Court and arraigned, then jailed in lieu of $500 cash bail or $1,000 bond. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Correctional Officer D. Stone and Correctional Officer Philip Mangefrida.

Jeremiah D. Welchruth, 18, of Lockport, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; and speeding. At 11:08 p.m. on Aug. 29, Welchruth was arrested on Main Road in Pembroke following a traffic stop. He was issued an appearance ticket for Sept. 19 in Pembroke Town Court. The case was handled by Genesee County Sheriff's Deputy David Moore.

Christine Marie Hulme, 53, of Kensington Avenue, Buffalo, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or more; driving left of pavement markings; and operating a motor vehicle while using a mobile phone. Hulme was arrested at 10:18 p.m. on Aug. 30 on Sumner Road in Darien. She was issued an appearance ticket for Sept. 17 in Darien Town Court. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Bobby James Mulder, 40, of Lake Street, Le Roy, is charged with operating a motor vehicle while having a BAC of .08 percent or more, and driving while intoxicated. He was arrested at 3:48 a.m. on Aug. 31 on Lake Street in Le Roy after an investigation into a complaint of an unauthorized use of a motor vehicle. Mulder was released on an appearance ticket and is due in Le Roy Town Court on Sept. 12. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando.

Driver suspected of blowing through stop sign on Lockport Road leading to serious injury accident

By Howard B. Owens

A 28-year-old driver from Rochester is suspected of running a stop sign on eastbound Lockport Road where it intersects with Route 98 in Elba, causing a two-car crash that led to serious injuries for his female passenger.

Nikitha Ganeshmurthy, 27, of Edison, N.J., is listed in stable condition at Strong Memorial Hospital after being transported there by Mercy Flight following the crash, reported at 6:17 p.m.

Tickets were issued to the driver of the car she was in, a 2017 Subaru WRX, Ashwin Mallikarjunaswamy, 28. Mallikarjunaswamy was cited for alleged failure to stop at a stop sign and failure to yield right of way.  

The couple was in route to Niagara Falls, according to Sgt. Andrew Hale.

The intersection is a frequent accident location with westbound cars often missing the stop sign at Lockport Road.

"It tends to be people from out of town who tend to miss that stop," Hale said.

Mallikarjunaswamy's sedan was struck on the passenger side by a 2009 Chevy Silverado driven by Edward M. Buczek, 65, of Elba.

Buczek suffered minor injuries and self-extricated from his pickup truck.

Investigators do not believe either driver was under the influence of either alcohol or drugs.

Mallikarjunaswamy suffered minor injuries as well. 

The crash investigation is being handled by Sgt. Andrew Hale, Sgt. James Deihl, Investigator Christopher Parker, Deputy Kyle Krzemien, Deputy Mathew Clor, Deputy Erik Andre, Deputy Brock Cummins, and Deputy Jordan Alejandro. Assisting at the scene were volunteers from the Elba Fire Department, Barre Fire Department and personnel from Mercy EMS and National Grid.

(Initial Post)

Man seriously burned in Walden Estates fire Monday listed in satisfactory condition at Strong

By Billie Owens

A man who suffered serious burns Monday night after a kitchen fire broke out in Apartment #44 at Walden Estates on Bank Street in Batavia is now listed as being in satisfactory condition at Strong Memorial Hospital in Rochester.

Batavia Fire Chief Stefano Napolitano has not officially released his name.

Firefighters were on scene in under four minutes from the time they were dispatched at 9:13 p.m. Aug. 26.

They encountered heavy smoke and fire conditions on the first and second floor of the apartment in the five-unit building. Crews were able to bring the fire under control within 20 minutes.

Two occupants inside of the apartment both escaped, but one was seriously burned and was taken via Mercy ambulance to Strong. 

Two cats perished in the blaze.

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.

The city fire investigation continues but officials say it does not appear to be incendiary in nature.

For the fire department's press release about the fire, click here.

For the initial post, click here.

Photo courtesy of Frank Capuano.

Killer of Ray Morgan given 25 years to life for brutal murder

By Howard B. Owens

Richard D. Hanes, the 37-year-old parolee who beat Raymond Lee Morgan to death with a hammer on July 24, 2018, at 111 Liberty St., in the City of Batavia, had nothing to say for himself before Judge Charles Zambito sent him to prison for 25 years to life this morning.

It was the most severe sentence available to Zambito for the savage murder under state law.

Zambito described the murder of Morgan as brutal; any man who could deliver 20 to 25 blows to another human being with a hammer and then try to evade capture and show no remorse is a danger to society.

State law will permit Hanes to become eligible for parole someday and a parole board will ask Zambito for his opinion and Zambito said he will oppose Hanes ever being released from prison.

Zambito noted that Hanes, whose career as a criminal began in 1996, has been released on parole four times and probation twice, and each and every time Hanes violated the terms of release.

"A person with that personality doesn't belong in civil society," Zambito said.

Hanes sat motionless, staring straight ahead, throughout today's proceedings, and he declined an invitation by Zambito to make a statement before sentencing. But members of Morgan's family had plenty to tell Zambito and they took the demeanor of Hanes as a sign that he didn't regret taking the life of the father of two living daughters and seven grandchildren.

"You get to live and breathe while my father is in an urn," one of Morgan's daughters said (Raelee and Faith Morgan stood at the podium together while making their statements).  

"Life in prison isn't good enough for the pain and suffering you've caused our family," she added.

Morgan's sister Nancy Raymond said, "You made the decision to take Ray's life, making it necessary for us to serve a life sentence without his smile, his laugh and his love."

Sister Natalie Urbansky said she got to spend 41 years with her brother. Because of Hanes, that opportunity is denied to Morgan's grandchildren.

"I don't want Richard to feel bad for me," she said. "I want him to feel bad for (Morgan's) kids and his grandkids, who won't have the years with him that we had."

District Attorney Lawrence Friedman said Batavia PD detectives who investigated the case described a grisly crime scene. They gathered the DNA evidence on the hammer and a hat, and processed the bloody mess resulting from the mayhem inside of Morgan's apartment. Given the lurid details and the eloquent statements of Morgan's family, there wasn't much more Friedman could add in arguing for the maximum available sentence.

"The detectives, experienced detectives, said this was the most brutal crime scene they had ever seen," Friedman said. "They talked about the evil of what this defendant did, and they believe he deserves the maximum sentence available in this case."

Friedman said he agreed with the family's assessment that Hanes showed no remorse for his murder of Morgan.

Defense attorney Fred Rarick argued for the 20-year prison term Hanes was initially offered in a plea bargain that Hanes (inset photo, right) turned down, noting that both the judge and the DA were aware of the brutality of the crime at the time of the offer. He also said his client disagreed with the jury's verdict.

When Zambito pronounced his verdict, the more than 20 family members and friends in the court, and at least one juror who voted to convict Hanes, applauded. 

After the sentence was handed down, and as Hanes was led out of the courtroom by deputies, a member of Morgan's family yelled "You monster! I hope you never walk the streets again."

Top photo: Family photo of Ray Morgan.

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.

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.

'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.

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​

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.

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.

Law and Order: Medina woman accused of robbery, impaired driving, drug possession, harassment and more

By Billie Owens

Susan L. Murray, of Medina, no age or address provided, is charged with: third-degree robbery; driving while ability impaired by drugs in the third degree – first offense; fourth-degree criminal mischief; four counts of criminal possession of a controlled substance in the seventh degree; second-degree aggravated unlicensed operation of a motor vehicle; and second-degree harassment. She was arrested Aug. 22 after Genesee County Sheriff’s deputies responded to a call about two people yelling at each other on Route 63 in the Town of Alabama, just south of the Genesee Orleans County Line. She was found to have an active bench warrant for her arrest out of the Orleans County Sheriff’s Office. She was taken into custody and a search was conducted. It is alleged that Murray had four different kinds of controlled substances in her possession. A license check allegedly revealed she was driving with a suspended driver’s license. It is further alleged that a victim interviewed by deputies reported that Murray forcibly took property consisting of a cell phone and money by means of unwanted physical contact and then prevented the victim from calling emergency services. Field sobriety tests were done and she was taken to Genesee County Jail and processed. There she was evaluated by Batavia Police Detective M. Wojtaszek, a certified drug recognition expert, who found her to be impaired by drugs. She was arraigned in Town of Batavia Court and put in jail in lieu of $5,000 cash bail. The investigation is ongoing and additional charges are pending. The investigation was conducted by Genesee County Sheriff’s Deputy Brock Cummins, Deputy Ryan DeLong, Deputy Kevin Forsyth, and New York State Police.

Zachary Thomas Breissinger, 20, County Line Road, Darien, is charged with third-degree criminal mischief. He was arrested Aug. 23, arraigned in Darien Town Court and released under supervision of Genesee Justice. It is alleged that at 6:58 p.m. on Aug. 22 on County Line Road in Darien that Breissinger intentionally damaged property belong to another person in an amount exceeding $250. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Travis DeMuth.

Stacey Lynn Eastman, 32, of West Main Street Road, Batavia, is charged with petit larceny and aggravated unlicensed operation of a motor vehicle in the third degree. She was arrested on Aug. 23 following the investigation of a larceny that occurred at Walmart in Batavia at 4:09 p.m. She was issued appearance tickets and is due in Town of Batavia Court on Sept. 9. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

UPDATED with photos: Crash with injuries reported at Sumner and Harlow roads, Darien

By Billie Owens

Photos courtesy of Alecia Kaus/Video News Service.

A truck vs. SUV accident with injuries is reported at Sumner Road and Harlow Road. One person in a vehicle is reportedly unresponsive. Darien Fire Department and medics are responding with law enforcement.

UPDATE 3:19 p.m.: A first responder reports the accident is not blocking traffic.

UPDATE 3:23 p.m.: Corfu Fire Department is called to the scene.

UPDATE 4:15 p.m.: Tow trucks are called.

UPDATE 4:24 p.m.: This is a confirmed fatality accident. State police are handling the scene. The roadway is going to be shut down for accident reconstruction by the Crash Management Team. According to Alecia Kaus/Video News Service at the scene, an SUV was northbound on Harlow Road when the female driver failed to stop at the stop sign at Sumner Road. The SUV driver, who was the sole occupant, was pronounced dead at the scene. Her SUV was T-boned by a pickup truck headed west on Sumner. The three occupents of the pickup were transported to a hospital with minor injuries. Trooper O'Callaghan will have a press release later with additional information.

UPDATE 4:35 p.m.: Traffic control is requested to the scene.

UPDATE 5:11 p.m.: Scene commander say roads are shut down completely at Sumner and Harlow. They are also stopping traffic at Reynolds Road and Fargo, and at Route 20 (Broadway Road) and Harlow. Campers at Darien Lakes State Park are being told about the road closures.

UPDATE 10:25 p.m.: NYS Police Troop A in Batavia confirms that notifications have been made to family members. So therefore, we are able to publish photos of the vehicles involved in the crash, courtesy of Alecia Kaus/Video New Service. As noted previously, Trooper O'Callaghan will have a press release later with additional information.

Law and Order: Hutchins Street man accused of puncturing tires on vehicle parked on Osterhout Avenue

By Billie Owens

Jason H. Freeman, 37, of Hutchins Street, Batavia, is charged with third-degree criminal mischief. He was arrested at 2:53 a.m. on Aug. 14 after he allegedly punctured two tires on a motor vehicle parked on Osterhout Avenue in Batavia; the damage totals more than $250. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash or bond. He is due was return to city court on today (Aug. 22). The case was handled by Batavia Police Officer Jason Davis, assisted by Officer Marc Lawrence.

Jacqueline Colleen Shepherd, 50, of State Street, Batavia, is charged with criminal mischief in the fourth degree. She was arrested for allegedly damaging property belonging to another person during an argument at 6:30 p.m. Aug. 12 on North Spruce Street in Batavia. She was due in Batavia City Court Aug. 20. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Alexander E. Dills, 28, of Batavia, is charged with: criminal possession of a weapon in the second degree -- a loaded firearm; criminal possession of a weapon in the third degree -- prior conviction for a serious offense; criminal possession of a weapon in the fourth degree -- shotgun/serious offense; two counts of criminal possession of a controlled substance in the seventh degree; and criminally possessing a hypodermic instrument. Dills and a Middlebury resident were arrested at 8:55 p.m. on Aug. 15 after Wyoming County Sheriff's deputies executed a search warrant at a residence on Vernal Road in the Town of Middlebury. Dills was arraigned in Town of Middlebury Court and put in Wyoming County Jail in lieu of $1,000 cash or $5,000 bond. The case was handled by Wyoming County Sheriff's Sgt. Reagan.

Jarrod Keith Fotiathis, 24, Lexington Avenue, Rochester, is charged with: driving while intoxicated -- first offense; improper right turn; moving from lane unsafely; no headlamps; unlicensed driver. At 5:21 a.m. on Aug. 17 on Hall Street in Batavia, Fotiathis was stopped by Batavia Police Officer Arick Perkins for multiple infractions while driving a 2015 black Mazda. He was arrested and released. He is due in Batavia City Court on Aug. 28. Perkins was assisted by Officer Marc Lawrence.

Andrew Adeb Said, 50, of West Main Street, Batavia, is charged with promoting prison contraband in the first degree. On Aug. 21, Said was arrested and charged with this crime after allegedly illegally possessing a razor blade while confined to a correctional facility on Aug. 14. He was arraigned in Batavia City Court. No return court date provided. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Jason R. Skivington, 35, of Buffalo Street, Bergen, is charged with: driving while intoxicated; moving from lane unsafely; and failure to stop at a stop sign. Skivington was arrested at 3:07 a.m. Aug. 18 on Byron Holley Road in Byron after a one-vehicle accident. He was released on appearance tickets and is due in Town of Byron Court on Aug. 20. The case was handled by Genesee County Sheriff's Deputy Jordan Stack, assisted by Deputy James Stack.

Michael Alan Tisdale, 30, of Rebaud Avenue, Silver Springs, is charged with criminal possession of a controlled substance in the seventh degree and a vehicle registration plate violation. At 12:21 p.m. on Aug. 20, Tisdale was stopped on Route 98 in the Town of Batavia following the observation of a vehicle and traffic violation. A roadside search of the vehicle was conducted and a small quantity of a prescription medication -- a controlled substance -- was allegedly found. He was issued an appearance ticket returnable to Town of Batavia Court on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Sgt. Michael Lute.

Austin Daniel Nowakowski, 19, of Broadway Road, Darien, is charged with trespass. He was arrested at 7:14 p.m. on Aug. 21 on Bonnie Brae Drive in Darien after allegedly entering and remaining unlawfully on private property while operating an off-road motorbike. He was released on an appearance ticket. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Deputy Travis DeMuth.

Dakota M. Smith-Neal, 27, of Central Avenue, Batavia, is charged with obstruction of governmental administration in the second degree and fourth-degree criminal mischief. The defendant was arrested on Aug. 19 following an investigation into a complaint about a disorderly male in the street -- on Central Avenue in Batavia -- at 11:09 p.m. on Aug. 18. He is due in Batavia City Court on Sept. 5. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Mitchell Cowen.

Zhamiere J. Greene, 18, of Atkison Street, Rochester, is charged with second-degree harassment and endangering the welfare of a child. Greene was arrested after a physical altercation on Maple Street in the City of Batavia at 8 p.m. on Aug. 13. The defendant is accused of striking numerous people under age 17. He was arrested, arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due in city court at a later date. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Peter Post.

Justin T. Gladney, 30, of North Spruce Street, Batavia, is charged with second-degree harassment. He was arrested on Aug. 12 following an incident at 4:28 p.m. on North Spruce Street. He was issued an appearance ticket for Aug. 13 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Fawn LM Kaczmarek, 31, of Liberty Street, Batavia, is charged with petit larceny. She was after a quantity of cash and presecription medications were stolen from a residence on Ellicott Street in Batavia at 2:20 a.m. on Aug. 16. She was released on an appearance ticket and is due in Batavia City Court on Aug. 27. The case was handled by Batavia Police Officer Wesley Rissigner, assisted by Officer Jason Davis.

Fawn LM Kaczmarek, 31, of Liberty Street, Batavia, is charged with petit larceny. She was arrested at 10:28 a.m. on Aug. 19 for allegedly stealing three cans of Red Bull energy drink from the Dollar General store on East Main Street in Batavia. She is due in Batavia City Court on Aug. 27. The case was handled by Batavia Police Officer Wesley Rissigner, assisted by Officer Jason Davis.

Tammy Marie Caldwell, 49, of Holland Avenue, Batavia, is charged with petit larceny. It is alleged that on Aug. 15 at 9:42 a.m. that Caldwell stole property from a business on West Main Street in Batavia. She was issued an appearance ticket for Aug. 27 in Batavia City Court. The case was handled by Batavia Police Officer Jordan McGinnis, assisted by Officer Peter Post.

Frank Lynn Morrison, 38, of South Creek Road, Palmyra, is charged with failure to appear. He was arrested on Aug. 16 on a warrant out of Batavia City Court for failing to appear in court on June 4. He was held at jail then arraigned in Batavia City Court on a charge of falsely reporting an incident in the third degree at 11:37 a.m. on April 15. The case was handled by Batavia Police Officer Peter Flanagan.

Laura A. Redenbach, 35, of Sheridan Drive, Clarence, is charged with failure to appear on Feb. 28 in Batavia City Court. She was located by NYS Police in Clarence and arrested on a Batavia City Court bench warrant. She was arraigned in city court and jailed on $500 cash or bond. The case was handled by Batavia Police Officer Felicia GeGroot.

Krystal Lee Frye, 29, of West Main Street Road, Batavia, was arrested at 9:05 p.m. on Aug. 19 on a bench warrant. Frye was released on an appearance ticket and was due in Batavia City Court on Aug. 20. The case was handled by Batavia Police Officer Peter Post.

Le Roy PD seeks public's help in finding hit-and-run driver, damage occurred on Lake Street in Village

By Billie Owens

From the Le Roy Police Department:

The Le Roy Police Department is requesting the public’s assistance in determining who was involved in a hit-and-run property damage auto accident, which occurred on Lake Street in the Village of Le Roy sometime between 10:30 last night and 9 o'clock this morning.   

From the evidence left at the scene, the suspect vehicle appears to be a 2015-2018 year Mitsubishi Lancer, probably in an off-white or eggshell color, and it possibly has passenger side damage with the passenger mirror torn off. There may also be black paint transfer on the passenger side of the suspect vehicle.

It was reported that the victim’s vehicle was parked unoccupied on the west side of the roadway, facing south, in front of 99 Lake St. when the suspect vehicle, apparently driving southbound, swerved too far the right, striking the victim’s vehicle and then left the scene. 

If you have any information as to the suspect vehicle, please contact Detective John Condidorio at the Le Roy Police Department 768-2527, ext. 2219.

Former BHS basketball star sentenced to five years in prison

By Billie Owens

File photo. Story by Alecia Kaus/Video News Service.

TeeSean Ayala, 20, of Batavia, was sentenced this morning in Genesee County Court to five years in prison and five years post-release supervision.​ Ayala will also pay $9,987.98 in restitution to his victims.

Orders of Protection were issued for the families affected and Ayala is not allowed to possess any guns.​

In May, Ayala pled guilty to one count of criminal possession of a weapon in the second-degree, a plea which satisfies seven other residential burglary charges, one dating back to 2015.​

The weapons charge is a class C violent felony; Ayala faced three to 15 years in prison.​

Ayala's attorney, Richard Shaw, told the court that Ayala has been bounced around between his mom and dad and has had a tough upbringing. He has an older brother in prison and has a drug issue now after taking a year off after graduating from high school.

He once had a basketball scholarship to the University of Buffalo.​

"He wants to be a positive role model, he made poor decisions based on his older brother. He has no prior convictions," says Shaw.​

Before sentencing, Ayala thanked Judge Charles Zambito for the chance to see his baby being born and then apologized to the families that were affected in the burglaries.​

"I'm sorry and I apologize to the families I have hurt, I take responsibilty for my actions," Ayala said.​ "I know this looks bad, but I'm not a bad kid and I apologize for going through all this.

"Being in jail the last nine months, it has been hard for me, I just want to be with my son. Whatever you give me, you are not going to be dissappointed, I want to be a good member of the community."​

On Nov. 15, Ayala turned into a driveway on Washington Avenue, which coincidentally was the County Manager's residence, and according to the Genesee County Sheriff's Office, a .22-caliber semi-automatic pistol was thrown from the vehicle.

Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop. His 14-year-old brother was in the vehicle at the time.​

He was later charged in a series of burglaries that occurred in the towns of Batavia and Stafford last fall.

After reading the victim's statements they expressed concern, Zambito told Ayala that "they expressed concern for their sense of security, but the worst part is, it was you and they trusted you."​

"You had plenty of opportunities," Zambito reminded the young man. "You were placed on probation, people and schools have tried to help you, you had a great opportunity going to UB and playing basketball and getting an education, that didn't happen and I don't know why."

In an Aug. 1st court appearance, the judge allowed Ayala to go home to be around for the birth of his child in exchange for cooperating with prosecutors.

Ayala has been an inmate at the Genesee County Jail since his arrest last November.

After sentencing, Ayala kissed his fiancée and their newly born baby goodbye. After hugging his mom, he was taken into custody by court deputies.

Judge Zambito wished him luck as he exited the courtroom.​

Former parolee from Rochester indicted today for second-degree murder in June death of Ross Street man

By Billie Owens

The Genesee County Grand Jury today indicated a former Rochester parolee for second-degree murder stemming from the June 1 death of Good Samaritan Michael R. Paladino, who was fatally stabbed after coming to the aid of a woman allegedly being beaten on Ross Street by Quinton J. Edmonds (photo above).

The crime Edmonds is accused of is a Class A-1 felony. The indictment alleges that Edmonds intentionally caused Paladino's death.

Paladino, 43, was stabbed outside of his apartment after trying to come to the aid of the woman who was under attack.

Batavia Police Chief Shawn Heubusch said after the incident that their investigation indicated that Edmonds was in a vehicle in the City when an argument began between Edmonds and at least one of the two women in the vehicle with him. The vehicle stopped on Ross Street and the argument continued outside the vehicle.

Emergency dispatchers received a call of the disturbance at 5/7 Ross St. at 12:44 a.m.

Paladino suffered multiple stab and cut wounds to his upper torso and head and collapsed in the entryway of his apartment. He was transported by Mercy EMS to UMMC. He was pronounced dead at 5:05 a.m. by Coroner Don Coleman.

The women in the vehicle fled the scene right away and a police officer saw a vehicle driving erratically and stopped it in the parking lot just east of St. Joseph School.

Edmonds was well known to Batavia police, according to previous statements by Heubusch. 

State records indicate Edmonds was convicted in 2015 in Monroe County of criminal possession of a weapon, 2nd, and sentenced to two and a half years in prison. His parole ended in April 2018.

For previous coverage about the Ross Street crime, click here.

Williamsville man killed in motorcycle crash in Indian Falls

By Howard B. Owens

Investigators do not know why Michael N. Block, 50, of Williamsville, apparently lost control of his motorcycle at sometime before 7 p.m. last night in the area of 1027 Sliker Road but the resulting crash cost Block his life.

Block was driving a 2000 Yamaha going west on Sliker Road in Pembroke. He failed to negotiate a left-hand curve in the roadway. Block and his bike exited the road on the north shoulder and traveled through a hedgerow. Block struck several trees and lost his helmet. It was found wedged in a tree. Block came to rest in an open field.

Emergency responders were originally dispatched at 7:02 p.m. for a report of a male lying in a field unconscious. While deputies were in route dispatchers were updated by a first responder that the male had no pulse and was not breathing and that he had been involved in a motorcycle crash.

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

When deputies arrived, CPR was in progress.

Block was pronounced dead at the scene. 

The crash is being investigated by Chief Deputy Brian Frieday, Sgt. Michael Lute, Investigator Howard Carlson, Deputy Mathew Clor, and Deputy Andrew Mullen. Accident reconstruction was completed by Sgt. James Diehl and Deputy Kyle Krzemien. Dickinson's Towing assisted at the scene.

Photos by Alecia Kaus/Video News Service.

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