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       TeeSean Ayala

A former high school basketball star who got caught with a gun outside the county manager's home on Washington Avenue in November is being released from jail before being sent to prison so he can be at the hospital later this month for the birth of his child.

Judge Charles Zambito granted the unusual request because he promised TeeSean Ayala, 19, the opportunity to be around for the birth of his baby if he cooperated with prosecutors. Today Zambito acknowledge that Ayala kept his promise.

"I'm doing all of this because you did cooperate," Zambito said. "That's part of the bargain."

In May, Ayala entered a guilty plea to a charge of criminal possession 2nd, which carries a mandatory prison sentence with a maximum possible term of 15 years.

The plea also satisfied several charges related to local burglaries.

"If you flee, you will eventually be caught and then you're going to be sentenced to the 15 years," Zambito told Ayala. "If you commit any crimes while you're out, you will be sentenced to 15 years and face enhanced sentencing on those charges."

Ayala said he understood.

When the case was first called a little after 1:30 p.m., there was some discussion between Zambito and the attorneys about whether to adjourn the sentencing of Ayala. Ayala's attorney Richard Shaw started whispering to Ayala and at one point, Ayala became visibly emotional and said loudly, "but it's my first one."  

Shaw continued whispering to Ayala and Zambito asked if he and his client needed to discuss the matter privately. They did so Zambito ordered the case recalled later in the afternoon.

When Ayala came back into court, Zambito said he had been reminded of the promise to allow Ayala to be present for the birth of his child if he kept up his end of the bargain.

Zambito said Ayala isn't to leave his residence for any reason other than going to court or to go to the hospital for the delivery of his child when his fiancée goes into labor.

Ayala is allowed to have visitors but cannot be in contact with Malik Ayala, his brother who is a co-defendant.

Sentencing on the weapon charge is scheduled for 9:30 a.m., Aug. 21.

Paul Ralph Avino, 46, of Ellicott Street, Batavia, is charged with: disorderly conduct; obstruction; resisting arrest; criminal impersonation of police officer in the first degree; and obstruction of governmental administration. Following a complaint at Six Flags Darien Lake at 7:31 p.m. on July 31, Avino was arrested. He was allegedly swearing in a public place; and he allegedly resisted arrest and obstructed governmental administration. He is accused of possessing a police badge and he is not a police officer. Avino was released on an appearance ticket and he is due in Darien Town Court on Sept. 3 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Morgan Ashlee Brown, 25, of Wyoming Road, Wyoming, is charged with third-degree assault. At 9:39 p.m. on July 31, Brown was arrested following the investigation of a domestic incident that occurred on July 25 on Ellicott Street Road in Pavilion. Brown was issued an appearance ticket and is due in Pavilion Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brittany M. Smith, 27, of Pringle Avenue, Batavia, is charged with second-degree harassment -- making physical threats. She was arrested at 9:26 a.m. on July 29 after allegedly threatening to assault Department of Social Services case workers during a child house visit. She was released on an appearance ticket for Batavia City Court Aug. 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Miah Stevens.

Penny B. Hargrave, 52, of Morrow Road, Pavilion, is charged with: driving while intoxicated; failure to keep right; moving from lane unsafely; leaving the scene of a motor-vehicle accident; and refusal to take a breath test. At 11:11 p.m. on July 30 on Ellicott Street Road, Pavilion, Hargrave was arrested, arraigned in Pavilion Town Court and directed to return to court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy James Stack.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with obstruction of governmental administration and illegal use of toxic vapors. Miller was arrested at 3:25 p.m. July 29 on West Main Street in Batavia. He was allegedly located huffing from an aersol can and refused commands to stop the behavior while being taken into custody. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He was due to return to court today (Aug. 1). The case was handled by Batavia Police Officer Christopher Lindsay.

Kyle L. Humphres, 33, of Rockefeller Road, Phelps, is charged with second-degree criminal contempt. On July 31 he responded to Batavia Police Department and turned himself in on a warrant stemming from an unspecified incident on Willow Street in Batavia on Feb. 22. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Felicia DeGroot.

Christian Saez, 30, of Copeland Street, Rochester, is charged with petit larceny. He was arrested at 11:46 a.m. on July 12 after allegedly attempting to steal seafood from a grocery store. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Hector M. Arroyo, 44, of Mustang Circle, Geneseo, is charged with petit larceny. At 6:36 p.m. on July 29, Arroyo was arrested on East Main Street in Batavia after allegedly shoplifting from a local business. He was jailed in lieu of $1,000 cash or $2,500 bond. He was due to return to Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Jenna Marie Lange, 36, of Mustang Circle, Geneseo, is charged with attempted petit larceny. Lange was arrested after a shoplifting incident at a store on East Main Street Road in Batavia at 6:36 p.m. on July 29. She was issued an appearance ticket and was due in Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Shawntoy L. Pryor, 33, of Stockbridge Avenue, Buffalo, is charged with trespass. The defendant was arrested after allegedly trespassing on private property at 11:50 a.m. on July 12 on East Main Street in Batavia. He responded to Batavia Police Department headquarters and was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Marc Lawrence.

Defense and prosecution attorneys delivered closing statements in a last attempt to persuade jurors to adopt their interpretations of the evidence from the July 24, 2018, murder of Raymond L. Morgan in his 111 Liberty St., Batavia, home.

After five days of the trial and three hours of deliberations, Richard D. Hanes was convicted of murder in the second degree this afternoon. The jury returned a unanimous guilty verdict to a suspense-filled courtroom packed with family members, legal counsel and law enforcement personnel.

Lindsay A. Clemm, 37, of Batavia, was arrested on July 28 following a traffic stop on Route 19 in the Town of Warsaw. Clemm was stopped for allegedly going 56 mph in a 30-mph zone on South Main Street near Jefferson Street in the Village of Warsaw. Multiple other traffic infractions were allegedly observed in the Town of Warsaw while Wyoming County Sheriff's deputes attempted to get Clemm's vehicle to pull over. Clemm allegedly failed field sobriety tests. Clemm's vehicle was towed from the scene and she was taken to the Sheriff's Office where she was evaluated by a drug recognition expert. She was charged with driving while ability impaired by drugs and was processed and released to a third party. She is due in Town of Warsaw Court Aug. 12. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

James K. Penders, 47, of Pavilion, was arrested July 27 following a traffic stop for a loud muffler on Route 19 in the Town of Covington. He was allegedly found to have a revoked license dated June 22, 1996 and an expired license dated March 16, 1995. He was released with appearance tickets for Covington Town Court on Aug. 12. The case was handled by Wyoming County Sheriff's Deputy Adam Hope.

Richard D. Hanes was found guilty by a jury this afternoon of second-degree murder for the killing July 24, 2018, of Ray Morgan at 111 Liberty St., Batavia.

Murder in the second degree is a Class A-1 felony and carries a possible term of life in prison.

Hanes will be sentenced at 9:30 a.m., Aug. 28.

MORE T/K

A key issue in the July 2018 murder of Raymond L. Morgan — and a crucial piece of evidence that could connect the perpetrator to the 111 Liberty St., Batavia, crime scene — is the description of the man who jumped out Morgan’s window after the bludgeoning attack. 

This pivotal detail caused defense attorney Frederick Rarick to motion for a trial dismissal for his client, Richard D. Hanes, three times yesterday. Rarick argued that without DNA evidence, finger or palm prints or identification of Hanes at the scene, the case is “all speculative as to who that subject is.”

District Attorney Lawrence Friedman responded that eyewitness accounts of Hanes are not needed to overcome the prosecution’s burden of proof. Judge Charles Zambito denied all three of Rarick's motions because “the People have established each and every element of the offense,” so the jury should be able to reach a verdict on Hanes's second-degree murder charge. 

Detective Sgt. Kevin Czora, the last witness called by the prosecution, questioned inconsistencies about the gray sweatpants and green shirt — similar to those of the unidentified suspect — found in Hanes’s bedroom closet at his former 5 Thorpe St., Batavia, house. 

The clothing items recovered from Hanes’s closet did not match either the descriptions given by witnesses or the clothing items shown in surveillance video footage from Southside Deli, Marchese Computer Products and a Goade Park residence.

The videos also captured a man who appeared to be Hanes biking from Liberty Street to Ellicott Street at 11:13 p.m., moments before Batavia PD received a 9-1-1 call to the scene at 11:14 p.m. Czora testified to the possibility that Hanes arrived at 111 Liberty St. unnoticed by making a U-turn on Goade Park and cutting behind the house. 

Rarick called witnesses Michael Elmore, Danielle Case and Bonnie Cortright to attest to their recollections of the man who fled the scene. Elmore said his statement to police was mistakenly based on the premise that the individual who jumped out the window was Morgan. 

“I gave [Batavia PD] a description that resembled Ray Morgan,” Case also told jurors. 

Rebuttal testimony from detectives Matthew Wojtaszczyk and Thad Mart offered evidence against Case and Cortright. The detectives said the suspect was bald and wore sandals despite the women’s claims that the individual had short dark hair and wore sneakers. 

The jury must sort through these contradictory descriptions starting today in Genesee County Court. Jurors will hear closing arguments and elements of the second-degree murder charge before entering verdict deliberations. Hanes can be sentenced to life in prison if convicted.

In the six months since Kim Albanese learned of her mother's and brother's death in an accident on a snow-covered road on Route 98 in Elba, it hasn't stopped hurting, she said today during a stop at the accident scene where she placed some flowers in memory of Teresa M. Norton.

Norton would have turned 54 today.

In the six months since the accident, Albanese has given birth to a daughter. She also suffered the loss of her stepfather, who was the intensive care unit at Strong Memorial Hospital when he learned that his wife of 30 years and son had died.

"It still feels like a nightmare like still trying to put the pieces back together," Albanese said. "It's so hard. It feels like yesterday that they died. I still pick up my phone and go to call her or receive a phone call from her."

Norton and her son Thomas, 22, were northbound on Oak Orchard Road when she lost control of her 2008 Suzuki on a stretch of roadway that was heavily covered by drifting snow. Her Suzuki was broadsided by a pickup truck driven by Jeffrey S. Toussaint, 59, of Albion.

"That accident destroyed three families not just ours, but the guy that hit her," Albanese said. "We feel horrible because he was an innocent party in the whole thing. He was just in the wrong place at the wrong time. We don't blame him at all."

Given the conditions of the road and the lack of information forthcoming from the Department of Transporation about road conditions at that time, Albanese has retained an attorney, Jon Wilson, of Buffalo.

Wilson confirmed a lawsuit has been filed.

"The State answered and served various discovery demands and we are in the process of responding to those demands," Wilson said.

Albanese said telling her stepfather of his wife's and son's deaths was one of the hardest things she's ever had to do.

The whole process has been difficult.

"You watch it on the news and you're like, 'Oh that stinks for their family. I feel bad. My heart goes out.' But when it happens to your own family -- I lost my whole family in that instant, in that split second -- and I think the hardest part is I got stuck in the detour," Albanese said. "I was just at that light and I could see the tow trucks lights.

"But it was up on the hill, just right where I couldn't see my mom's truck. And I was like 'well, that's good maybe.' People tell me it was a good thing you didn't because I didn't go into labor because I could've had my daughter at 29 weeks pregnant."

Her fiancé, Cory Vanameron, said Albanese is a strong woman to go through what she's gone through. He said he's a bit older, more experience at life, he's been through the death of loved ones before but she doesn't see how she carries on.

"I couldn't do it," he said.

"I had my daughter two months after the accident," Albanese said. "(My mom) never once got to hold her. She never once got to see her. She was so excited to have a granddaughter and now just to look at my daughter, knowing she would never experience my mom, it's heartbreaking."

Previously:

• Mother and adult son killed in crash on snow-covered Route 98 in Elba
• Witness recalls scene of double fatal accident in Elba on Saturday
• State DOT declines to address road conditions at site of double fatal accident in Elba
• Vigil held in Elba for Teresa Norton and Thomas Norton, who died in collision on Route 98

Kiha S. McNear (inset photo left), 21, of Holland Avenue, Batavia, is charged with: first-degree criminal contempt -- with a prior conviction; criminal contempt -- having physical contact; second-degree burglary; fourth-degree criminal mischief; and second-degree harassment. McNear was arrested at 1:55 a.m. July 25 after a domestic incident on Walnut Street in which he allegedly violated an order of protection and got into a physical fight with a famiy member. He was arraigned in Batavia City Court and jailed in lieu of $10,000 cash or bond. He was due back in court July 26. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Justin P. Avino, 26, of Swan Street, Batavia, is charged with second-degree harassment. He was arrested after an investigation allegedly found he physical contact with another person at 4 a.m. July 21 on Swan Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Aug. 8. The case was handled by Officer Peter Flanagan.

Katherine S. Thomas, 46, of Ross Street, Batavia, is charged with trespass. She was arrested after an investigation into a disturbance on Ross Street at 1:11 a.m. on July 26. Thomas was warned to stay away from the scene by police but she allegedly returned a short time later. She was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Sgt. Matthew Lutey.

Dustin Wayne Bogue, 37, address unknown, Buffalo, was arrested on a warrant in which is alleges that the defendant violated an order of protection at 10:38 a.m. on April 5 on Tracy Avenue in Batavia. He was arraigned in Batavia City Court and jailed with unspecified bail. He was due to return to city court on July 28. The case was handled by Officer Peter Flanagan.

Myriam M. Cruz, 36, of Copeland Street, Rochester, and Christian Saez, no age or address provided, are each charged with two counts of petit larceny after allegedly shoplifting from a local business on separate occasions in July. Cruz was released on her own recognizance. Saez was jailed on July 26 in lieu of $500 cash bail or $2,500 bond. Both are due in Batavia City Court on Aug. 1. The investigation was conducted by Batavia Police Officer Kevin DeFelice, assisted by Sgt. Dan Coffey.

Tony J. Aguglia, 39, of Main Street, Clarence, is charged with larceny of beer from a local business at 2:50 a.m. on July 25. He was arrested and processed at the jail, issued an appearance ticket for Aug. 6 in Batavia City Court, and released to his mother. The case was handled by Batavia Police Officer Darryle Streeter.

Press release:

Troopers from SP Warsaw responded to a cornfield off Soper Road in the Town of Perry for a skydiving accident today. Further investigation revealed that Richard S. Cordaro, 68, of Bergen, flew out of Perry/Warsaw airport with three others. All four individuals jumped from the plane. The other three landed safely.

Cordaro had more than 45 years of skydiving experience. Cordaro's parachute opened normally but then became tangled. Troopers attempted life-saving measures. Cordaro was pronounced at the scene. Rochester Skydivers was the company involved in this incident.

UPDATE: The State Police issued a correction on the spelling of the victim's last name. The press release above has been corrected accordingly. 

Terrill James Cunningham (inset photo, left), 23, of Treehaven Road, Buffalo, is charged with first-degree sexual abuse, second-degree sexual abuse, and two counts of forcible touching.

Following an investigation at Six Flags Darien Lake, Cunningham was arrested at 6:40 p.m. on July 25 and arraigned in Darien Town Court. He is accused of touching the intimate parts of two individuals less than 14 years of age.

He was jailed in lieu of $2,500 cash bail and is due back in Darien Town Court at 3 p.m. on July 30. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien.

Ricardo Sampel, 50, of Dellinger Avenue, Batavia, is charged with five counts of aggravated family offense -- more than one offense within five years. On July 17, the Genesee County Emergency Dispatch Center received the report of a violation of an order of protection by a third party. Following an investigation, Sampel was identified and is alleged to have committed the crime of second-degree criminal contempt. It is alleged that he knowingly violated an order of protection by contacting the protected party via phone on July 13. Due to his previous criminal history, including criminal contempt convictions, the charge against him was elevated to a Class E felony. The defendant is currently being held in GC Jail on a separate criminal contempt charge. He was arraigned in Batavia City Court and jailed without bail. The investigation was assisted by jail correctional officers, including Senior Correctional Officer J.M. Smart. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong.

Jennifer Jean Greene, 46, of Tennyson Terrace, Williamsville, is charged with second-degree criminal contempt. At 4:45 p.m. on July 7, deputies responded to Six Flags Darien Lake for the report of a violation of an order of protection. Following an investigation, Greene was arrested. It is alleged that she made physical contact with a person who had a stay away order of protection against Greene. The defendant was arraigned in Darien Town Court and released on her own recognizance. She is due back in Darien Town Court on July 30. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Batavia Police Department detectives' court testimony on Thursday attempted to connect the bludgeoning death of 47-year-old Raymond L. Morgan to Richard D. Hanes, the man accused of murdering Morgan in his Liberty Street residence last July.  

District Attorney Lawrence Friedman called detectives Eric Hill and Thad Mart to testify about their recollections of the events surrounding the July 24, 2018, murder. 

The investigators said lab tests detected Hanes’s DNA on a baseball cap found below Morgan’s bedroom window. Detectives reportedly also found a green shirt and gray pants — similar to descriptions of the unknown perpetrator’s clothes — in Hanes’s blood-covered closet at his former Thorpe Street, Batavia, home. 

The detectives explained to jurors that Morgan’s DNA began to be collected throughout the city following his death. Batavia PD found Morgan’s blood on both the exterior of his bedroom window and the house siding below the room in the hours after the attack. 

Morgan’s DNA was also swabbed from a handlebar grip of Hanes’s bicycle and a hammer on the roof of an Ellicott Street house. Detectives suspect Hanes may have thrown the alleged murder weapon before pedaling back to Thorpe Street. 

Jurors listened as Hill reassembled a text conversation between Morgan and Hanes from the fatal night last July. Although Morgan’s contact information and the text messages did not appear on Hanes’s phone, they were later found in a phone records search by police. 

Hanes apparently texted Morgan “I owe you $395. Imma pay you” around 10:50 p.m. and “Here” at 11:09 p.m, minutes before Batavia PD was called to 111 Liberty St.

Mart told the jury that he had heard loud sirens from emergency responders as he was driving on Main Street before being dispatched to the scene of Morgan's death.

Mart questioned why Hanes said in a July 26, 2018, interview that he did not hear or see responders while traveling on his bicycle in the vicinity of the crime scene. 

“For him to be in the area where he said he was, I find it hard to believe that he would not at least hear the sirens,” Mart said.

Hanes faces life in prison if convicted of second-degree murder. Defense attorney Frederick Rarick will have the opportunity to cross-examine Mart when the trial continues at 2 p.m. today in Genesee County Court.

Today, The Batavian conducted an exclusive interview with Medal of Honor recipient David Bellavia at the Holland Land Office Museum.

This photo shows the first time the medal awarded to Bellavia and the medal awarded to Charles F. Rand are in the same room together. Bellavia and Rand are the only two Batavians to have received the Medal of Honor.

Our interview today with Bellavia focused on his experience in Washington, D.C., last month when he received the Medal of Honor from President Donald Trump. David and I discuss some of the observations and insights Bellavia has not discussed yet in other interviews.  

Below, a video we did previously about Charles Rand and our video covering Bellavia's Medal of Honor Week, in case you haven't seen it yet, to prep you for the video interview. I hope to have that edited and later to post tonight sometime, or in the morning, at least.

UPDATE 5:30 p.m.: When I posted this, I wasn't thinking about the fact that we have the opening of Batavia Downs tonight. Covering that will greatly delay my ability to finish this video. 

 

Marquerite A. Magee, 80, of North Street, Albion, is charged with second-degree harassment. She was arrested at 12:05 a.m. on July 20 on Bank Street in Batavia after allegedly punching her roommate in the face at the assisted living facility where she resides. Magee was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Peter Flanagan.

Michael L. Valle, 38, of Bank Street, Batavia, is charged with second-degree harassment. He was arrested after allegedly punching a person in the face at 10:08 p.m. July 19 on Bank Street. He was issued an appearance ticket for July 23 in Batavia City Court. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Peter Post.

Brandon C. Dodd, of Highland Park, Batavia, is charged with second-degree harassment. Dodd was arrested after an incident at 12:51 a.m. on Pearl Street in Batavia in which he allegedly struck an individual in the face. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Flanagan.

Bradley R. Jordan, 26, of East Main Street, Batavia, is charged with first-degree criminal contempt, second-degree harassment, and endangering the welfare of a child. At 3 p.m. on July 19 on East Main Street in Batavia it is alleged that Jordan struck a person who has an order of protection against him. He was arraigned in Batavia City Court and jailed without bail. He was due back in court today (July 24). The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Lindsay.

Bobby Lee Mobley, 34, of Watson Street, Batavia, is charged with second-degree burglary and second-degree criminal contempt. He was arrested on the charges July 20 and jailed without bail following an investigation of an incident that occurred at 6:35 p.m. on July 19 on Maple Street in Batavia. He is accused of entering a residence of a person who had a stay away order of protection against him. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Sgt. Christopher Camp.

Tatiana Celeste Lugo, 24, no permanent address, Batavia, is charged with first-degree criminal contempt. Lugo was arrest at 12:46 a.m. on July 19 on North Spruce Street, Batavia, following the investigation into a violation of a court order. She was arraigned in Batavia City Court and jailed in lieu of $5,000 cash or bond. She was due back in city court today (July 24). The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Christopher Lindsay.

Kiha S. McNear, 21, of Walnut Street, Batavia, is charged with petit larceny. McNear was arrested July 14 on an arrest warrant out of Batavia City Court. It is alleged that McNear stole a bicycle at 11 p.m. on June 28 on Ellicott Street. He was arraigned in city court and put in jail in lieu of $1,000 cash or bond. The case was handled by Batavia Police Officer Christopher Lindsay.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with illegally inhaling toxic vapors in public places. He was arrested at 2:42 p.m. on July 22 in the 200 block of West Main Street in Batavia after he was allegedly located huffing an aerosol container in the parking of a local business. He was issued an appearance ticket for Batavia City Court and released. He is due in Batavia City Court on July 30 to answer the charge. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Ivison.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with illegal use of toxic vapors. He was arrested at 5:26 p.m. July 23 in the 4100 block of West Main Street Road in Batavia for allegedly huffing cans of air duster in the parking lot of a local business. He is due in Batavia City Court on July 30 to answer the charge. The case was handled by Batavia Police Officer Peter Post.

Ronald D. Williams, 42, of Ellicott Street, Batavia, is charged with unlawfully growing cannabis and unlawful possession of marijuana. He was arrested at 8:45 p.m. on July 18 on Ellicott Street. It is alleged that Williams was growing marijuana plants on the roof of his residence. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Christopher Lindsay.

Jurors have been selected in the case of Richard D. Hanes, who is charged in the bludgeoning death of Raymond L. Morgan, 47, of Batavia.

After two days of questioning prospective jurors, defense attorney Frederick Rarick and District Attorney Lawrence Friedman selected a jury composed of eight women, four men and six alternates who swore to serve as unbiased fact-finders in the case. 

Hanes, a 37-year-old former Holley resident, is facing a second-degree murder charge after allegedly beating Morgan beyond recognition in his 111 Liberty St., Batavia, apartment last July. 

Morgan was pronounced dead when police arrived at the scene. Morgan's cause of death was blunt force trauma to the head. Batavia PD officers and detectives are expected to testify to their investigation in the coming days of testimony.  

Friedman repeatedly asked juror candidates yesterday whether the use and sale of illegal drugs would affect their fairness since Morgan had a previous conviction for criminal possession of a controlled substance.

Rarick urged potential jurors to admit whether graphic testimony and images of the blood-covered crime scene would cause them to be impartial. Judge Charles Zambito excused a few juror candidates when they said that the forensic evidence may be too overwhelming.

The jury will now have the opportunity to listen as attorneys deliver their opening statements and question witnesses at 9:30 a.m. today in Genesee County Court. The first day of testimony coincides with the anniversary of Morgan’s death.

Ryan M. Sharlow, 49, of West Bergen Road, Le Roy, is charged with criminal mischief and resisting arrest. At 12:15 p.m. on July 16 on West Main Street Road in Le Roy, deputies were conducting an investigation into an incident in which Sharlow allegedly damaged the property of another person. While attempting to take Sharlow into custody, he allegedly tried to resist arrest by grabbing and attempting to punch a deputy. He was issued appearance tickets for Le Roy Town Court on Aug. 8. The case was handled by Genesee County Sheriff's Deputy Christopher Erion.

Jessica Leigh Culver, 29, of Walker Road, Le Roy, is charged with: criminal possession of a controlled substance in the seventh degree; operating a motor vehicle without an inspection certificate; and aggravated unlicensed operation of a motor vehicle in the second degree. At 8:43 p.m. on July 21, Culver was stopped on Batavia Stafford Townline Road for alleged vehicle and traffic violations. It was determined upon investigation that she was driving on a suspended license. A subsequent search of the vehicle allegedly led to the discovery of controlled substances in her possession. She was issued appearance ticklets for Aug. 15 in Stafford Town Court. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Erik Andre.

Alexandra R. Lasky, 29, and Alexander Scheg, 24, both of Seven Springs Road, Stafford, are charged with unlawful growing of cannabis by an unlicensed person. At 12:55 p.m. on June 26, Genesee County Sheriff's deputies responded to an address on Seven Springs Road following the report of a domestic incident and an unlawful marijuana-growing operation. After an investigation, they were issued an appearance ticket for unlawful growing on cannabis. Lasky was also issued an appearance ticket for criminal possession of a controlled substance in the seventh degree following the alleged discovery of a controlled substance on location. Both are due in Batavia Town Court on Aug. 13. The case was handled by Deputy Ryan DeLong, assisted by Deputy Ronald Welker. The investigation was also assisted by Deputy Lonnie Nati and members of the GC Drug Task Force.

The following people were arrested by the Genesee County Sheriff’s Office during the Whiz Khalifa Concert at Darien Lake Performing Arts Center on Sunday:

Arthur J. Meaney IV, 19, of West River Road, Grand Island, is charged with criminal possession of a forged instrument, 2nd, resisting arrest and obstructing governmental administration, 2nd, after allegedly being found in possession of a fictitious license and then refusing to be placed under arrest by struggling with deputies. Meaney was arraigned in Darien Court and jailed in lieu of $2500 bail.

Elijah R. Giles, 24, of East State Street, Albion, is charged with obstructing governmental administration, 2nd, and disorderly conduct after allegedly causing a disturbance in the medical treatment area at Darien Lake and then interfering with the process of his arrest. 

Ryan A. Diana, 21, of Britany Lane, Pittsford, is charged with obstructing governmental administration, 2nd, and disorderly conduct after allegedly causing a disturbance in the medical treatment area at Darien Lake and then interfering with the process of his arrest. 

Matthew D. Pantera, 25, of Homecrest Drive, Amherst, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Michelle M. Seneca, 42, of Cosad Road, Seneca Falls, is charged with disorderly conduct after allegedly causing a disturbance in the Darien Lake Hotel.

Emily C. Kornack, 18, of Landmark Lane, Pittsford, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Jaycee V. Jones Jr., 18, of Clarence Avenue, Buffalo, is charged with harassment, 2nd, after allegedly punching another person in the eye.

Joseph M. Folvarick, 42, of Wheeler Street, Tonawanda, is charged with harassment, 2nd, after allegedly having physical contact with another person. 

Darius A. Hamilton, 30, of Kehr Street, Buffalo, is charged with obstructing governmental administration, 2nd, and trespass after allegedly refusing to leave the concert venue after being told to leave several times and then interfering with the process of his arrest.

Dominic G. Santamaria, 22, of Overbrook Avenue, Tonawanda, is charged with harassment, 2nd, after allegedly pushing a Live Nation security officer. 

Brennan K. Callen, 18, of Flynn Road, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana. 

Nicholas G. Curre, 21, of Corral Drive, Penfield, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return. 

Connor T. O’Keefe, 20, of Autumn Lane, Lewiston, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return. 

A 17-year-old of Rumsey Road, Buffalo, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return. 

Timothy J. Lloyd, 19, of South Grosvenor Avenue, Brighton, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return. 

Matthew E. Dickerson, 21, of Timberwood Drive, Hilton, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana. 

Brianna L. Stiegler, 19, of Graystone Lane, Orchard Park, is charged with criminal trespass, 3rd, and criminal Impersonation, 2nd, after allegedly reentering the concert venue after having been ejected and told not to return and then identifying herself as her sister. 

(name redacted upon request), 20, of Misty Meadow Way, Fairport, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return. 

Devin M. O’Dell, 19, of Smith Road, Canandaigua, is charged with disorderly conduct after allegedly causing a disturbance at the concert venue exit. 

Gray H. Benhal, 20, of Middle Cheshire Road, Canandaigua, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return. 

Austin J. Allen, 19 of Clovermeadow Lane, Farmington, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Christopher A. Rasbin, 21, of West Avenue, Newark, is charged with criminal trespass, 3rd, and trespass after allegedly attempting to reenter the concert venue and then entering the concert venue after having been ejected and arrested and told not to return.

A 17-year-old of Proximity Lane, Victor, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Jacob G. Damelio, 19, of Angels Path, Webster, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

A 17-year-old of Edendery Circle, Fairport, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Abbey L. Heist, 20, of Chesapeake Lane, West Henrietta, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

Kaylee A. Horn, 20, of Elaine Drive, Rochester, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

A 17-year-old of Wheat Road, Clifton Springs, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana. 

Derrick C. Jones, 18, of South Street, Clifton Springs, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana. 

Thomas J. Miller Jr., 18, of Edgemere Drive, Rochester, is charged with unlawful possession of marijuana after being found in possession of a quantity of marijuana. 

Sonia D. Vasquez, 20, of Underwood Avenue, Hilton, arrested for criminal possession of a weapon, 4th, after allegedly being found in possession of a stun gun while entering the Darien Lake parking lot. 

Jacob L. Masterson, 18, of County Road 15, Filmore, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana. 

Thomas C. Emerson, 18, of Skyline Drive, Corning, is charged with unlawful possession of marijuana after allegedly being found in possession of a quantity of marijuana.

David Bellavia, who received the Medal of Honor on June 25, will receive the Key to the City of Batavia in a homecoming program at 2 p.m., Tuesday.

Bellavia will be honored by city and county officials and will be asked to make a few remarks in a short program in front of City Hall.

Since receiving the Medal of Honor, Bellavia has been on the road almost constantly, traveling to New York City and Los Angeles to make public and media appearances on behalf of the Army.

President Donald Trump presented the Medal of Honor to Bellavia during a ceremony at the White House last month. Bellavia is the first living combat veteran from the Iraq War to receive the nation's highest military honor.

The award was presented for his heroic actions, saving the lives of his entire platoon, during the Second Battle of Fallujah on Nov. 10, 2004, which also happened to be his birthday. Bellavia distinguished himself by taking on a stronghold of insurgents single-handedly, killing four and seriously wounding a fifth.

A brass band is expected to play during the program and local veterans will be attendance to honor Bellavia, a Batavia resident.

The public is invited to the event.

In the event of rain, the program will be moved to the interior of City Centre, just inside the doors of City Hall.

City offices will close temporarily at 1:30 p.m. Tuesday and Jefferson Avenue will be closed during the program.

Previously:

• 'Extraordinary service': Batavia's SSgt. Bellavia first living Iraq vet awarded Medal of Honor
• Video: David Bellavia inducted into the Hall of Heroes at the Pentagon
• Photos: David Bellavia tours the Lincoln Memorial
• Coverage: David Bellavia Medal of Honor press conference

A post on Facebook by a woman who is apparently a former employee of Mooney's Bar and Grill complaining that the Le Roy restaurant is rat-infested has gotten the attention of thousands of local residents.

In response, the Genesee County Health Department released the following statement.

The Genesee County Health Department is aware of the public’s concerns regarding vermin at Mooney’s Sports Bar and Grill located in Le Roy.

Public Health sanitarians have been working diligently with the restaurant manager and a licensed exterminator. An inspection by the department was conducted this morning, July 19, and no public health threats were identified.

The facility remains open and we will continue increased inspection frequency.

In the original post by Kayla Gangarossa, she writes, in part:

I’ve wanted to say something for so long but because I’m a mother of three and need an income I’ve kept my mouth shut! But due to recent events the public and all my regulars there have a right to know what’s going on!!! I’m sorry to all my fellow coworkers this may affect but it had to be done! Mooneys sports bar and grill in Leroy ny 65 lake st of Leroy to be exact has RATS!!! Hey we had them for MONTHS!!

Gangarossa included eight pictures she claimed to have been taken at the restaurant Wednesday night. The pictures showed what appeared to be at least one dead rat, another dead animal that may have been a mouse, some mousetraps and a whole in a door or wall.

She concluded her post with the statement, "Do NOT eat at Mooney’s ..."

The post has been shared nearly 2,000 times and has more than 1,500 comments.

A semi-truck has come off the Thruway and landed on Route 5 in Pembroke and overturned.

One person was pinned by the trailer.

Mercy Flight is requested to the scene

Pembroke fire and Indian Falls fire dispatched and East Pembroke requested to scene to assist with a landing zone.

All responding units requested to park on the east side of the overpass or under the bridge because of the lack of a guard rail on the Thruway.

UPDATE 7 a.m.: The driver of a semi-truck on the Thruway may have fallen asleep before the truck struck a guard rail and flew off the Route 5 overpass landing on the roadway below. No other vehicles were involved. The driver suffered minor injuries and was transported to ECMC by Mercy EMS. A female passenger suffered leg injuries, and possibly other injuries, and was flown to ECMC by Mercy Flight. There were two dogs in the truck. One was located and taken to the animal shelter where it was given a bath to clean off diesel fuel. The dog appears to be in good health. The other dog is missing. The accident is under investigation by troopers from Troop T. There was nobody pinned under the trailer as initially reported. The woman was trapped in the cab of the truck and was being tended to by the male driver when firefighters arrived on the scene. There was a lengthy extrication process by volunteer firefighters. Route 5 is expected to be closed at least through noon.

UPDATE 8:50 a.m.: Pembroke's interim chief reports the second dog is in custody and uninjured. The dog was spotted on Route 5 and when first responders tried to corral him, he ran onto the Thruway. Somebody on the Thruway was able to catch him before he was harmed and an animal control officer is in route to pick him up and take him to the shelter.

Submitted photo.

A teenage resident of Alabama who just 18 months ago was sentenced to prison for making a terroristic threat against a police officer was arrested again Tuesday night for allegedly threatening another person with a baseball bat.

Isaac Abrams, 19, of Sky Road, is charged with menacing, 2nd.

At 11:26 p.m., Tuesday, Abrams allegedly threatened to injure another person using a metal baseball bat.

He was arrested by deputies Austin Heberlein and Travis DeMuth.

In February 2018, Judge Charles Zambito sentenced Abrams to one-and-one-third to four years in prison following his earlier guilty plea to the Class D felony of making a terroristic threat.

Zambito also granted Abrams youthful offender status (his juvenile record would be sealed) if he could stay out of trouble. 

In September 2017, Abrams threatened to shoot deputies during an incident on the Tonawanda Indian Reservation. Two days before that, Abrams was accused of trying to seriously hurt or kill a person with a motor vehicle at a fast-food restaurant in Batavia.