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      Louis Restivo

A 25-year-old Bergen resident is accused of injuring another bar patron in a fight early Saturday morning, leading to a felony charge.

Louis Christopher Restivo is charged with assault in the second degree for allegedly using a weapon or dangerous instrument.

Restivo is accused of hitting another man in the head with a beer bottle, causing an injury.

The incident was reported at 1:58 a.m. at a location on North Lake Avenue in Bergen.

He was arraigned in Town of Bergen Court and released. An order of protection was issued.

The incident was investigated by Deputy David Moore and Sgt. John Baiocco.

Kyle Allan Hawley, 29, of South Lake Street, Bergen, and Marissa A. Brennan, 26, of Townline Road, Byron, are both charged with: second-degree grand larceny, a felony; and four misdemeanors -- criminal possession of a controlled substance in the seventh degree, criminal possession of a hypodermic instrument, criminally using drug paraphernalia, and fourth-degree criminal mischief. In addition, Hawley alone is charged with aggravated unlicensed operation of a motor vehicle in the third degree. They were arrested in the early morning hours of July 11. They allegedly stole a vehicle on West Main Street Road in Batavia and were later observed in the Village of Bergen but left prior to the arrival of a Genesee County Sheriff's patrol. They were allegedly found in the Village of Churchville still inside the vehicle and in possession of drugs, paraphernalia and possibly other stolen items. They also reportedly did damage to the inside of the vehicle prior to it being recovered. The investigation is ongoing. Both defendants were arraigned in Town of Batavia Court on July 12 and then put in jail. Hawley's bail was set at $15,000 cash or bond; Brennan's bail was set at $10,000 cash or bond. They are due back in Batavia Town Court on July 22. The incident was investigated by deputies Kevin McCarthy and David Moore, assisted by Deputy Richard Schildwaster, Sgt. Michael Lute; the GC Drug Task Force, Investigator Chris Parker, Chief Deputy Joseph Graff, and members of the Monroe County Sheriff's Office.

Solomon Jason Wood, 40, of North Spruce Street, Batavia, is charged with second-degree assault -- intentionally causing serious physical injury, and criminal contempt in the first degree -- violating an order of protection by having physical contact. Wood was arrested following a physical domestic altercation at 3 a.m. on July 9 on North Spruce Street. He was arraigned in Batavia City Court and jailed in lieu of $10,000 cash or bond. He was due in  city court July 11. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Matthew Wojtaszczyk.

Matthew Scott Eggleston, 29, of West State Street, Albion, is charged with: felony driving while ability impaired by drugs; aggravated unlicensed operation of a motor vehicle in the third degree; speeding in a 55 mph zone; and having an obstructed driver's view. At 1:38 p.m. on July 13, Eggleston was arrested on Quaker Hill Road in Elba. He was previously convicted of a DWI offense within the last 10 years. He was arraigned in Batavia Town Court and released under supervision of Genesee Justice. He is due in Elba Town Court on July 24. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Kevin Forsyth.

Jason Lee Johnson, 36, of Highland Park, Batavia, is charged with operating a motor vehicle while impaired by drugs, criminally using drug paraphernalia, and criminal possession of a controlled substance in the seventh degree. At 12:47 a.m. on June 29, Batavia police responded to a drive-thru of a restaurant on East Main Street in Batavia where it was reported that a male was passed out at the wheel. Johnson was initially issued a traffic ticket for the DWAI-drugs charge due to his being transported to a local hospital for care. On July 3, Officer Stephen Cronmiller issued Johnson appearance tickets for the other related charges. He is due in Batavia City Court on July 17. The case was investigated by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Sabrena L. Randall, 43, of Maple Street, Batavia, is charged with: circumventing the required interlock device -- operating a vehicle without the device; aggravated unlicensed operation in the second degree; unsafe backing of a vehicle; operation of a motor vehicle by an unlicensed driver; and petit larceny. Randall was arrested July 11 on an arrest warrant out of City of Batavia Court. The warrant and charges are in regards to a shoplifting incident that occurred on Dec. 3 at JCPenney in the mall. She was arraigned in city court and jailed on $250 bail. She was due back in court July 8. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Sgt. Dan Coffey.

Wesley Thigpen, 38, of Ellicott Street, Batavia, is charged with first-degree criminal contempt. He was arrested after allegedly making numerous phone calls at 7:38 p.m. July 7 to a person on West Main Street in Batavia who has a full stay away order of protection against him. He is due in Batavia City Court on Tuesday (July 16). The case was handled by Batavia Police Officer Felicia DeGroot.

Coty Ray Read, 28, of South Hillcrest Drive, Albion, is charged with criminal trespass. At 9:22 a.m. on July 14 following the investigation of a suspicious condition complaint on Mill Pond Road in Byron, Read was arrested. He is accused of allegedly unlawfully entering and remaining in a residence without the owner's permission. He was released with an appearance ticker for Aug. 5 in Byron Town Court. The case was handled by Genesee County Sheriff's Deputy Rachel Diehl.

It's been a tough year for stenography in the Genesee County Court and today three cases came before Judge Charles Zambito dealing with stenography issues.

Two stemmed from a previously reported stenographer's mistake while transcribing grand jury proceedings -- that stenographer inappropriately taped the proceedings.

Another defendant appeared before Zambito today because an appeals court overturned his conviction on a burglary charge because a part of the transcription of his jury trial was not preserved for review.

In the People vs. Victor J. Grimes, Grimes was convicted at a jury trial in August 2016 and subsequently sentenced to seven years in prison.

He's served 44 months of that sentence. 

Last week, a state appeals court ordered a new trial -- even while finding evidence was sufficient for conviction -- because a stenographer's error on the final day of the trial meant relevant notes in the case were not preserved. Since the court then didn't have the final day's transcription, the court couldn't review the proceedings to ensure the trial court complied with specific procedures. 

In the trial, Grimes was represented by retained counsel. He's now represented by Lisa Kroemer of the Public Defender's Office. Kroemer asked for time to review the case and speak with District Attorney Lawrence Friedman before a new date for the trial is set. 

Judge Zambito ordered Grimes held on $25,000 bail or $50,000 bond pending his possible trial.

The other two stenographer-related cases heard today were People vs. Antwan Odom and People vs. Richard Hanes.

Odom is accused of knifing Ray Leach. Hanes is charged with murder in the beating death of Ray Morgan. 

Friedman asked the cases be placed on the docket because he wanted to get on record what the defense attorneys intend to do regarding the mistaken recording by the stenographer of grand jury proceedings in those cases.

The attorneys for Odom and Hanes took decidedly different approaches.

Odom is represented by Buffalo attorney Frank Housh. Housh with his own unique sartorial style at every court appearance, walked into court today in seersucker slacks and robin's-egg blue sports jacket. And when pressed about how he intended to proceed, raised his prior complaint that Friedman is conducting a dual prosecution, one against his client and one against him.

In May, Housh made statements to local media that Friedman considered a violation of professional standards and risked tainting the jury pool. Friedman asked for a gag order and Zambito issued a temporary gag order but lifted it last week, citing an objection on free press grounds by "the media" (in this case, The Batavian). 

Zambito did rule against Housh's motion to have Friedman removed from the case because of this alleged "dual prosecution."

Besides the request for a gag order, Housh said Friedman has also filed a grievance complaint with the state bar against Housh. 

Housh contends -- without presenting proof -- that everything Housh says or does in the case is forwarded by Friedman to the state bar.

For that reason, Housh said he has not made the trip to the District Attorney's Office to review the case file on the stenography issue because, he said, he would need to bring his attorney with him.

Housh has repeatedly threatened to withdraw from the case because of this "dual prosecution" but so far has not withdrawn.

Today he asked Zambito for a summary judgment dismissing the case against Odom because, he said, in a prior answering brief, Friedman stated the grand jury process was legally constituted when in fact Friedman, he said, new about the inappropriate recording of the proceedings.

After more discussion, Zambito agreed to meet with the attorneys in his chambers for an on-the-record but closed-door discussion about the issue.

Out of that meeting, it was agreed, as stated in court later, that Housh would file a motion and there would be a hearing Aug. 5 (instead of the trial starting on that day) on the defense motion.

In contrast to the approach of Housh, Fred Rarick, representing Hanes, was willing to stipulate in court that prior hearings on this topic -- including one in the Jennifer Serrano case -- established the facts of the incident and those same facts could be entered into the Hanes case and Zambito could issue a ruling based on the facts and evidence already presented.

On previous cases, including Serrano, Zambito ruled that stenography issue did not invalidate the grand jury proceedings.

Outside of court, Rarick said he saw no point in going through another hearing where the same facts and evidence would be presented that are already on the record knowing that Zambito is unlikely to rule any differently than he has previously.

By getting the prior hearings submitted as evidence in the Hanes case, without objection from Friedman, he has preserved any possible appeal over the issue for his client should Hanes be convicted at jury trial.

Jennifer K. Urvizu-  Hanlon

A local former businesswoman who admitted to giving a loaded firearm to a 17-year-old boy, who then shot and wounded a man who had just stabbed and killed another man on Central Avenue on May 17, 2018, told Judge Charles Zambito today that she's not a threat to the community. 

Jennifer K. Urvizu-Hanlon, 48, mentioned the letters Zambito had received supportering her, her involvement in her church, her steady employment and her lack of criminal record.

Zambito saw something else.

"I do think you are minimizing what happened," Zambito said. "You're minimizing your involvement. Samuel Blackshear would not be in prison and Nathanial Wilson would not have been shot had you not handed your loaded firearm to a 17-year-old boy. That young man is in prison now because of you. And after that happened, after a man was killed and another wounded, you went home.

"I do consider you a risk to the community but under the circumstances, I'm prepared to accept the plea offer and go along with the sentence. You're being treated entirely fairly here. I don't think it's right for you to even suggest otherwise."

Urvizu-Hanlon, the former owner of a small Mexican grocery store on West Main Street in Batavia, accepted a plea deal in May that capped her prison term to two years on an attempted criminal possession of a weapon conviction.

More than a dozen people in the gallery, friends, and family, were there, it appeared, to support Urvizu-Hanlon, which Zambito also acknowledged.

Zambito said he seriously considered rejecting the plea arrangement because she should perhaps get at least three and a half years in prison, which is the term Blackshear received.

"You got a significant break here," Zambito said. "Perhaps that is because of your minimal involvement in the incident and your clean record."

On Thursday evening in May, Nathaniel Wilson stabbed and killed Terry Toote at Central and Pringle. As the stabbing was taking place, Urvizu-Hanlon arrived in her car and Blackshear approached the car and she gave her handgun, which she was licensed to carry, to Blackshear, who immediately fired at Wilson, hitting him in the leg.

Blackshear's attorney argued at his sentencing that he was acting to protect himself and others from a killer. Zambito rejected that contention, accusing Blackshear of exercising "street justice" before denying him youthful offender status and sending him to prison.

That defense isn't available to Urvizu-Hanlon under the current statute for attempted criminal possession of a weapon but her attorney, Christian Kenndey, said the Legislature is considering a change, and that it could be said Urvizu-Hanlon was justified in giving Blackshear the gun so he could protect others from a killer.

Wilson was later sentenced to 25-years-to-life in prison for the murder of Toote.

As in the Blackshear case, Zambito said he was fully aware of the May 17 incident. He had seen all the video recordings, read the witness statements, and felt he had a complete picture of what happened that evening.

He said there was nothing spontaneous about events on Central Avenue as the incident went down. The confrontation, the expectation of violence, was all premeditated.

"You knew what was going to happen," Zambito said. "I don't think you thought Terry Toote was going to get murdered but you went there under the impression there was going to be confrontation and you were ready to take action."

Once the sentence was pronounced and the paperwork complete, a deputy stepped behind Urvizu-Hanlon -- dressed in a gray blouse covered by a black windbreaker, a long skirt, and flip-flops -- and asked her to place her hands behind her back. For a moment, the only sound in the courtroom was the metallic zip of the cuffs closing around her wrists. As she was led away, somebody at the back of the room yelled, "Love you, Jen."

    Michael J. Piasta

Before sending him to prison for 10 years, Judge Charles Zambito reminded Michael J. Piasta Jr., that in 2010 he promised Judge Robert Noonan that he was going to straighten out his life and that he would never appear in County Court again.

Piasta was out of prison barely two years before he robbed, at fake gunpoint, the Arby's, taking from $6,000 to $10,000 on March 25, 2018.

"I'm going to give you a very long time to think about what you did," Zambito said.

The 10-year sentence, followed by 10 years on parole, was on Piasta's jury-trial conviction for robbery in the second degree. On his convictions for grand larceny and criminal possession of a weapon, Zambito gave him three and a half to seven years on each count, to be served concurrently with the robbery sentence.

In 2010, Noonan heard from Piasta's attorney at the time, William Teford, about Piasta's hard life -- a father who died of an overdose, a mother with a drug problem, domestic abuse, a learning disability, and the lack of a meaningful childhood.

Piasta acknowledged his wrongdoing and told Noonan, "At this point, I just want to say I don’t feel that I’m hopeless," Piasta said. "Regardless of what happens today, I think I can make things better."

Piasta already had a lengthy criminal record when Noonan sent him to prison in 2010.

Today, attorney Brian Degnan also reminded Zambito of Piasta's troubled past. 

"Mr. Piasta, with his upbringing, with his adult life, he's certainly been dealt a very bad hand here," Degnan said.

He acknowledged a prison term was inevitable but asked Zambito to consider Piasta's circumstances and expressed hope that Piasta could get the help he needs while in prison.

Piasta's own statement was short, asking Zambito to take into consideration Degnan's arguments on his behalf.

While Piasta was convicted by a unanimous verdict of a jury, Piasta, Degnan noted, has continued to maintain his innocence.  

Zambito agreed to hold a hearing on the issue of restitution. Degnan contends that there was contradictory testimony at the trial, with a contention that $5,000 was stolen from Arby's, and a claim of $10,000 stolen. Arby's has filed a claim for $6,000.

Submitted photo and press release:

Regarding Crossroads House Garage Sale donations...

A very generous community has packed our storage containers to our limit.

As a result, we cannot accept additional donations for the upcoming sale later this month.

You folks have filled three tractor-trailers, two shipping containers, a barn and our garage!

We are so fortunate to serve in a community of givers. We look forward to seeing everyone at the sale.

For more information on dates and times, click here.

After encountering community resistance for a planned recreation center for people in drug and alcohol recovery on South Swan Street in Batavia, GCASA has turned its attention to a former restaurant location on Clinton Street Road in the Town of Batavia.

And the Town officials have been more than encouraging and supportive, said John Bennett, executive director of GCASA, following a County Planning Board meeting Thursday evening where the board recommended approval of a special use permit for 5258 Clinton Street Road -- site of the former Bohn's Restaurant.

GCASA is in the process of acquiring the property.

Bennett said the community center will have a community garden, a basketball court, TVs for viewing sports, a pool table, space for other recreational activities. And, of course, since there's no place for a tavern in a building dedicated to recovery, the former bar area is likely to become a coffee and sandwich shop.

"We went into Rochester and went to this place called out Coffee Connections and it's a roasting business, a coffee-roasting business, run by recovering women," Bennett said. They run two coffeehouses and they serve lunches and breakfasts and we were kind of scoping that out, seeing how they did that. We're seeing if we can partner with somebody who might want to run a small little coffee shop."

People in recovery want to lead normal lives -- watch big sporting events together, play pool, eat some wings and pizza, socialize, but in an environment without drugs or alcohol, Bennett said.

"This is the new norm in urban areas," Bennett said. "It's what they call sober bars. And that's exactly what they are. They actually have mixology stuff but it's all alcohol-free and it's very much like going to any other bar that you would go to where they're having either karaoke or live music or dancing or whatever it is. I think just people in recovery are looking to be normal without having to worry about drugs and alcohol."

The most notable downside of opening up a social center for people in recovery on the outskirts of the City is that it won't be in walking distance for most people, like the originally proposed South Swan location. The upside is the square footage of the Clinton Street Road property is twice as much as the South Swan location. 

The asking price for the property, being sold by Mike Bohn after buying back the property in a foreclosure auction, is $250,000. Bennett said he can't disclose the actual sale price since the deal hasn't closed yet and the price is still being negotiated.

A presale building inspection was completed two days ago.

Much of the floor plan of the former restaurant will remain the same, Bennett said, but the interior, which probably hasn't been updated since the 1970s or early '80s, will be modernized.

There is also some equipment, furnishing, games and TVs to buy.

Bennett said GCASA has a modest $75,000 budget for the upgrades.

The property will be open to the community -- if there is a coffee shop, that will be open to everybody. If a community member isn't in recovery but wants to host an event -- say a birthday party -- for a friend or relative who is in recovery -- or isn't but perhaps should be -- the facility will be available for those reservations as well.

And there will be events for people in recovery, whether it be an open mic night or for big sporting events.

"Let's just say we're going to do a March Madness night or a week of March Madness basketball and we're gonna show games -- it's just a sober place to come down and watch basketball," Bennett said. "We'll have a little sports area and you can watch the Super Bowl or watch the World Series, things like that."

Bennett is a little exasperated by the community outcry over the proposed South Swan location but he said he understands it.

"It's really too bad that the South Side saw this as something that would threaten the community instead of benefit it because if you check out ROCovery in Rochester," Bennett said, " ... there's a whole thing around fitness and recovery. I went up and I met with them and they were amazing people and the community now has just enveloped them.

"Their community gardens are open to everybody in the community. Everybody gets to come down and pick some tomatoes or some peppers or lettuce or whatever they need. And everybody is also allowed to use the recovery center.

"So so I think that's where we want to head to. We want to say, 'hey this is open to you, too. You just have to be willing to be drug-free while you're here.'

"I think they were shortsighted but I understand that people have fears and the work we do is stigmatized."

Pledges from Volunteers for Animals and animal lovers in the community have led to at least a $2,000 reward being offered for the arrest and conviction of the person responsible for tossing an eight-week-old kitten from the window of a red car on Route 98 near West Saile Drive on Saturday night.

The kitten had to be euthanized because of its extensive injuries. 

The Sheriff's Office announced the award this evening.

Anyone with information about the incident is asked to call the Sheriff's Office at (585) 343-5000.

Salvatore M. Tornabene, 26, of Ross Street, Batavia, (inset photo right) is charged with third-degree assault. He was arrested following a domestic incident on Ross Street at 11:30 p.m. on July 1. He was arraigned in Batavia City Court and jailed without bail. Tornabene was due back in city court July 8. 

Salvatore M. Tornabene, 26, of Ross Street, Batavia, is charged with criminal possession of a weapon in the third degree, and second-degree menacing. At 11:05 p.m. on July 6, Batavia police responded to Ross Street for a report of subjects fighting, possibly with weapons. He was arrested after he allegedly threatened a woman with an imitation pistol. He was arraigned in Batavia City Court and jailed without bail. Tornabene was due back in city court July 8. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Mitchell Cowen.

Kyle Allan Hawley, 29, of South Lake Avenue, Bergen, is charged with: two counts of criminal possession of a controlled substance in the seventh degree; possession of a hypodermic instrument; and criminal use of drug paraphernalia in the second degree. At 8:10 a.m. on July 10, the GC Emergency Dispatch Center received a report of a larceny that just occurred at a business on West Main Street in the City of Batavia. The suspect vehicle was located entering the Thruway at the Exit 48 interchange. Hawley was identified as a passenger in the vehicle. Following a search of the vehicle, and after allegedly observing stolen property in plain view, Hawley was found to allegedly possession two different kinds of controlled substances and drug paraphernalia. He was arrested, arraigned in Batavia Town Court and processed, then released on appearance tickets. He is due back in town court on July 25. The investigation was assisted by members of the NYS Troopers and City of Batavia Police Department. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Mitchell Edward Bryan, 27, East Bethany -- Le Roy Road, Stafford, is charged with: aggravated driving while intoxicated; DWI; driving left of pavement markings; moving from unsafely; and failure to keep right. At 12:12 a.m. on July 11, the Genesee County Sheriff's Office investigated a one-car accident on Bernd Road in the Town of Le Roy. The driver and sole occupant, Bryan, was arrested on the charges listed. He was driving northbound on Bernd Road when he cross over into the southbound lane and continued off the west shoulder, striking a tree. Further investigation allegedly revealed he had a BAC of .18 percent or higher. He was released on an appearance ticket and is due in the Town of Le Roy Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy David Moore.

David M. Raines, 37, of Bank Street, Batavia, is charged with second-degree harassment. He was arrested at 7 p.m. on July 5 after an incident on Bank Street. He was issued an appearance ticket and is due in Batavia City Court on July 16 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Peter Post.

Batavia PD may yet once again have a working police dog and on Monday, Police Chief Shawn Heubusch updated the City Council on efforts to reinstitute the program.

The effort includes receiving donations and seeking funds from Homeland Security.

It's been 20 years since Batavia PD had a working K-9 officer.

If approved, a resolution presented to the Council on Monday would create a K-9 fund in order for the Batavia Police Department to accept donations and funds from the federal government for a canine purchase, training and associated costs. 

The K-9 program’s approximately $23,000 price tag was broken down by Heubusch. He explained to Council members that it will cost $10,000 to purchase the dog and $5,000 to train the canine and its police officer over the course of several weeks. 

“During the regular workday, we’ll give the officer the allotted time for their training,” Heubusch said. “On off-days, we’ll have to compensate the officer for that. We do have some sample MOAs with some different unions to cover that.”

Additional expenses include $5,500 to purchase a vehicle designed to carry the canine, $2,500 for food and veterinarian bills, and $500 for incidentals and supplies.

Heubusch said the K-9 program will be like a specialized tool with a warranty. Beyond regular duties, the officer who receives specialty K-9 training would be called to respond when a police dog is needed for investigations.

“The officer is not dedicated to K-9 duty 100-percent of the time,” Heubusch said. “They would be on the road just like any other officer would be assigned to a patrol zone. We don’t have the luxury of just being able to dedicate an officer to that duty.”

Council President Eugene Jankowski said that, on occasion, the canine may be called for investigations that are not in the City of Batavia. Although it most likely would not happen often, the canine and its owner would be prepared to respond at non-city locations.

BPD is working on an agreement with the Homeland Security Investigation Federal Asset Forfeiture Program to defray some of the canine and training costs. Federal funding is not currently available due to high demand for border patrol canines.

Based on the positive feedback Heubusch received from Council members, this proposed resolution may receive approval at the August business meeting, which would allow BPD to be prepared for the K-9 program when federal funding is ready.

Previously: Batavia seeks Federal funds to bring back a K-9 patrol to the city

Press release:

When the rest of the Miami Marlins prospects were being moved up and down a few weeks ago, Sean Reynolds stayed in Florida to refine his sweet swing and work on little things in his hitting approach.

Boy, are the Batavia Muckdogs glad.

In his first game with the team this season, Reynolds blasted two home runs, going 3-for-4 with five RBIs and two runs scored. The Muckdogs (16-9) downed the Lowell Spinners (17-7), 8-6.

Reynolds, a crowd favorite, is a 6-foot-7, 237-pound first baseman who hits from the left side and throws right-handed. The fourth-round pick of the Marlins in 2016 has crushed 33 home runs in his short minor league career. The 21-year-old hit 17 home runs in Batavia last season.

"I want to be a consistent hitter who can have power," Reynolds said. "It felt good, obviously, two big ones tonight. When it happens, it's always good."

However, Reynolds was pleased with his RBI single in the seventh inning.

"My favorite hit of the three was the two-out, two-strike RBI single," Reynolds said. "It is huge whenever you get a chance to add on late in a game against a good pen like that."

As for being back in Batavia, Reynolds said, "The crowd was excited and I was excited to be back. You never want to get sent down per se, but wherever I am I am going to try to help teams win games … That was fun."

Reynolds then signed autographs for young fans and handed his oversized batting gloves to one lucky Little League player. The boy looked at the gloves with wide eyes and Reynolds joked, "don't worry, you'll grow into them."

Lowell has the best overall record in the New York-Penn League and Batavia has the second-best record, which is good enough for first place in the Pinckney Division.

With the Muckdogs trailing 6-5 following an extended fifth inning rally from their NYPL opponent, the Lowell Spinners, Reynolds came through with a blast for the ages, a two-run home run, which regained the lead for Batavia and proved to be the difference in what eventually turned into an 8-6 win for the home team.

The three-run, go-ahead moon shot, Reynolds’ second four-bagger of the game, followed his go-ahead three-run tater in the bottom of the first inning which came after a two-run first from Lowell. Both of Reynolds’ big flies came with two outs. His second home run came off the bat at 115 MPH.

Left fielder J.D. Orr, a 10th-round Marlins draft pick this year, continued his torrid start to the season, finishing 3-for-4 with four runs scored and a stolen base while shortstop Dalvy Rosario (two runs), second baseman Jack Strung (25th round pick this year) and center fielder Milton Smith II (22nd round pick in 2018) also chipped in multi-hit games. Smith, the leading hitter in the NYPL is hitting .416 with Orr at .404 and chasing him at the second spot.

Picking up the win on the mound for Batavia was right-hander Joey Steele (1-0), who pitched one-and-two-thirds clean innings, allowing two hits and striking out one. Steele, a 30th round pick this year, got out of a jam in the fifth and then went on to hurl a perfect sixth inning.

Starter Edgar Martinez went 4.1 innings and struck out four. Muckdogs’ closer Evan Braband recorded the save, striking out the side in the ninth. Braband, the Marlins’ 2019 9th round draft pick, has allowed just one hit this season while striking out 11 over six and one-third innings pitched. He now has five saves on the season. Josh Simpson, a 32nd-round draft pick this year had his third hold as he threw two scoreless innings and struck out four.

Spinners’ right-handed reliever Miguel Suero (0-1) was hit with the loss, pitching two and one-third inning, allowing two runs on three hits while striking out one.

Batavia began the game trailing 2-0 after Lowell put up two-runs in the top of the first, but Reynolds’ blast in the bottom half of the frame gave the Muckdogs the lead until the fifth inning. The Spinners struck for two runs during both their half of the fourth and their half of the fifth, giving them a 6-5 lead heading to the bottom half of the inning.

Then, Reynolds’ two-run blast during the Muckdogs' half of the fifth proved to be the difference, while Reynolds’ single in the seventh simply served as insurance.

Coming up: Tonight is Thirsty Thursday as all Labatt's products are $2. On Friday is Crafty Hour where the large selection of craft beers are just $3. There will be other specials and events during the week. All games are at 7:05 p.m.

Tickets for these games and others are available at the Dwyer Stadium box office between 10 a.m. and 5 p.m. Monday to Friday, online at muckdogs.com or by calling 585-483-3647.

Top photo: FIle photo from 2018. Bottom photo, Reynolds connects for one of his two homers, supplied by the Muckdogs.

Previously: In 2018, Muckdogs fans have watched perhaps the most intriguing player in the NYPL

Submitted photos and press release from the City of Batavia:

National and Local efforts to incorporate bicyclists in any new road project are finding their way into the City of Batavia.

“Complete Streets” is the term that is used for any street or highway, or any reconstruction of an existing highway, to consider the effect on bicyclists and pedestrians. Where possible, accommodation of these two groups should be incorporated into the project.

This has happened in the City of Batavia, where the most recent update to the City’s Comprehensive Plan encourages a “Complete Streets” approach. East Avenue and Liberty Street now have “sharrows,” or shared lane markings (SLM), meaning that the streets, which have only one travel lane in each direction, are shared with bicycles in a wide (14 feet or more) lane (see road photo).

Shared lane markings are high-visibility pavement markings that help position bicyclists within the travel lane. These markings are often used on streets where dedicated bike lanes are desirable but are not possible due to physical or other constraints.

Shared lane markings are placed in the travel lane to alert motorists of bicycle traffic, while also encouraging cyclists to ride at an appropriate distance from the “door zone” of adjacent parked cars.

If there is enough room, a separate bike lane should be marked. Dedicated bike lanes do impact the ability to accommodate on street parking and often there just isn’t enough room to accommodate them.

Further complicating the issue for bicyclists are streets where parking is allowed, as drivers often open their doors without looking for bicycles approaching from the rear. Bicyclists have been seriously injured by riding into a car door opened by a driver or rear-seat passenger without regard for bicycles.

The “sharrow” pavement markings should be supplemented with a Bicycle Warning Sign (see sign photo).

Federal and state criteria designate where the sharrows and the warning signs should and should not be used.

For bicyclists, where the sharrows are painted on the pavement, it only means that both bicycles and vehicles must use the same lane, and caution should be used by both. Vehicles should give bicyclists plenty of room when overtaking bicycles and bicyclists should realize that vehicles will be passing them.

Providing marked facilities such as shared lane markings is one way of helping to persuade residents to give bicycling a try and remind motorists that the roadway is to be shared with bicycles.

Kayla Michelle Yglesias, 19, of Fisher Road, Oakfield, is charged with: falsifying business records in the first degree; falsely reporting an incident to law enforcement in the third degree; operator leaving the scene of a property damage accident; moving from lane unsafely; unlicensed operator; and failure to report a property damage accident. At 8:50 p.m. on July 7, Yglesias was arrested after an investigation of an incident that occurred at 3:45 a.m. June 22 on Fisher Road in Oakfield. She was allegedly involved in a motor-vehicle accident in the Town of Oakfield and left the scene. She then reported the vehicle she was driving as stolen to Sheriff's deputies and falsified information on a supporting deposition. On July 3, deputies recovered the vehicle submerged in a body of water in the Town of Byron. Yglesias was issued appearance tickets and is due in Oakfield Town Court on July 29. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Investigator Christopher Parker.

Adam Michael Kreutz, 30, of Franklin Street, Batavia, is charged with falsifying business records in the first degree. He was arrested at 9:50 p.m. on July 7 after an investigation of an incident that occurred at 3:45 a.m. on June 22 on Fisher Road in Oakfield. Kreutz allegedly falsified information on a supporting deposition taken by the GC Sheriff's Office to conceal another crime that was committed. He was arraigned in Oakfield Town Court and jailed without bail. He was due to return to Oakfield court on July 8. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by  Investigator Christopher Parker.

Parker E. Payton, 20, of Pavilion, was arrested by the Wyoming County Sheriff's Office following a traffic stop on York Road in the Town of Pavilion. He is charged with: driving while ability impaired by drugs; reckless driving; criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; unlawful possession of alcohol by person under 21; possession of a fictitious driver’s license; and multiple other traffic infractions. Payton was observed driving on State Route 63 in the Town of Covington several feet into the oncoming lane while traffic was flowing in the opposite direction past his vehicle. Payton drove his vehicle onto Perry Road then turned on to York Road where deputies were able to conduct a traffic stop. Payton was found to be in underage and allegedly in possession of alcohol in plain view within his vehicle. A subsequent vehicle search found Payton to be in possession of marijuana inside a grinder, concentrated cannabis, and a forged NYS driver’s license. Payton also allegedly failed field sobriety testing and was taken into custody for DWAI Drugs. Payton was taken to the Wyoming County Sheriff’s Office where a Drug Recognition Expert performed a drug influence evaluation with Payton. Payton was found to be impaired by cannabis and unable to operate a vehicle safely. Payton was released to a sober third party and scheduled to answer the charges in the Town of Covington Court on July 29.

Batavia Police Chief Shawn Heubusch presented City Council with a proposed resolution Monday night for a Memorandum of Understanding among Genesee County law enforcement agencies and the Monroe Crime Analysis Center in Rochester to share information. It received strong support.

Heubusch explained to Council members that over the past few months local law enforcement has coordinated with the NYS Division of Criminal Justice Services and MCAC to develop the agreement.

He said becoming a member of MCAC is the best approach to access information databases and facilitate crime response and investigation.

“What this memorandum does is it allows us to share information with Monroe Crime Analysis Center and also reap the benefits of them sharing information with us,” Heubusch said.

This new crime analysis system also comes at no cost to city taxpayers.

“Being a member of the crime analysis center in Rochester costs the city zero," Heubusch said. "It’s really about gaining that information and being able to analyze that information in a way that we can’t now."

The chief said that most of the criminal element in Batavia is connected to individuals from the City of Rochester and the Monroe County region. The MCAC memorandum will allow local police to share records with Monroe County law enforcement in real time.

The memorandum includes resources like crime monitoring and background checking information to alert law enforcement of identifying factors when pursuing suspects.

City Council members reacted favorably to the proposed resolution.

“It seems like, according to this, between the state police, the [Genesee County] Sheriff, Monroe County Sheriff and District Attorney, our District Attorney, DCJS — they’re all signed on to this," Council President Eugene Jankowski said. "It’s good to be sharing information.”

Other agencies participating in the memorandum are the Le Roy and City of Rochester police departments and the Genesee County and Monroe County probation departments.

City Manager Martin Moore wants to reduce crime and restore a sense of safety in Batavia. In June, the first Batavia Crime Task Force meeting was held so law enforcement and city leaders could talk about ways to combat crime.

“I want to thank the police department working together with the other police departments," Moore said. "This is one of the things that was brought up in our initial Crime Task Force meeting, and it’s one of the first actions that our police is working on."

The MCAC memorandum is expected to aid in identifying sources of crime, mapping incidents and arrests and following crime trends. MCAC is one of the task force’s first strides toward securing resources to prevent and deal with crime.

The proposed resolution for the memorandum will be forwarded for consideration by Council. The next City Council Conference and Business meeting at 7 p.m. Aug. 12 at the City Hall Board Room, 2nd Floor, City Centre.

Before the public learned David Bellavia would be awarded the Medal of Honor for his heroism during the Iraq War in Fallujah, the Batavia resident was on the short list of possible candidates for the NY-27, even in a possible primary challenge to Rep. Chris Collins.

After the award was announced, when the topic came up, Bellavia demurred. He expressed concern that entering the political fray could tarnish the medal. He said he wanted to serve his country and the best way to do that might be helping the Army recruit new soldiers.

His former political consultant, Michael Caputo, thinks Bellavia needs to hear loud and clear from the citizens of the NY-27 that the best way for the Iraq War veteran to serve his country is as a member of Congress.

Today, Caputo, along with the help of seven political leaders in all seven counties of the district, launched a "Draft Bellavia Campaign," aimed at demonstrating to Bellavia that the people of the district do want him to serve in Congress and it puts in place an organization to support a campaign -- and a list of potential donors -- so that when and if Bellavia does decide to run, he's ready to go.

"We’re at a point in this country here where we need heroes," Caputo said. "When I look around Congress and Washington, I see very few heroes. We have in David Bellavia right here in Western New York -- a hero -- and I think we need to look at our own hero and tell him we want him to run for Congress if he wants to.

"At a time when our country needs heroes like never before, and I think everybody realizes, and we have in our midst a bonafide hero, it is our responsibility as a community to step up and elect one for our own heroes, like it is the responsibility of any community to deliver good, honest leadership." 

Caputo hopes Bellavia will make the decision by the end of October, or at least after the holidays.

The Genesee County chair for the Draft Bellavia movement is City Councilman Adam Tabelski.

"I'm joining to encourage David to run because I care deeply about our country and our government," Tabelski said. "Its future will either be shaped by people who are the best we can find or by somebody else, and I think David is an outstanding individual who is among the best we could hope to represent us in Congress."

Bellavia is currently employed by the Army and traveling on behalf of the military. He cannot participate in a political campaign. Caputo said he informed Bellavia of the "Draft Bellavia" effort and Bellavia neither encouraged nor waived off the effort.

Yesterday, Bellavia returned to his radio show on WBEN in Buffalo for one day and when asked about a potential run for Congress, he again expressed concern that a run for office could be misconstrued now that he's won the Medal of Honor.

"I just I have so much reverence for this award," Bellavia said on air. "I know for the longest time what we do on this show is we stir the pot. We, you know, sometimes antagonize and sometimes poke people we disagree with, and I just I don't ever want anyone to say that this award is being used for anything other than promoting what I think is the most important thing for the future of this republic, which is getting young people to make the decision that myself and all of my friends made, and it made our lives better, and that was serving our country in uniform."

When pressed by cohost Tom Bauerle, however, Bellavia said he will serve his country in whatever way he feels compelled to serve.

"I'm not ruling anything out," Bellavia said. "If I feel compelled to serve, you know, I might if I feel compelled to serve in uniform. I'll get back in shape and grab a rifle and go back. You know, if I'm compelled to run for office I might do that, too. But at this point, I'm the property of the U.S. Army and my job is to get out there and share that story and get as many people from all backgrounds to make a decision to put their country before themselves and get that next generation ready for the fight."

Bellavia first ran for Congress in 2011, in the special election to replace Chris Lee after Lee resigned because of a shirtless post he made on Craigslist. While he eventually endorsed Jack Davis in that race, he began by knocking the Erie County GOP political machine that gave GLOW Tom Reynolds, Chris Lee, Jane Corwin, the GOP candidate that year, and eventually Chris Collins (who was county executive in Erie County at the time). 

Kathy Hochul eventually won the election.

He ran again in the GOP primary in 2012, losing to Chris Collins.

Bellavia has since cited that loss as a reason to believe the people of NY-27 may not want him to run now.

That's another reason Caputo believes Bellavia needs to be convinced there is a strong grassroots effort to back a Bellavia campaign.

The effort includes a website, DraftBellavia.com.

"Our goal is to get 10,000 supporters organized by county all within the boundaries of the district," Caputo said. "We’re about to put up a device on the website to provide an opportunity to send an email to David to give him special encouragement, saying why you back David, what inspires you to do so. That's the kind of input a draft candidate needs. He needs to know how the community feels." 

A big factor in Bellavia's decision, Caputo acknowledged, however, is what Collins decides to do. Publically, Collins, who is under federal indictment on insider trading charges, hasn't committed to a reelection campaign. He is going to face at least one primary challenger -- Chris Jacobs -- and Caputo said Collins and Bellavia are friends. He doesn't believe Bellavia will want to run if Collins is determined to have his own name on the primary ballot.

President Donald Trump could have some say in the race and Caputo, who is friends with Trump and was the one who first introduced Collins to Trump, said Trump will be watching developments in the NY-27 closely. He may or may not weigh in with his own wishes at some point.

Another political factor to be weighed, Caputo said, is redistricting after the 2020 census. New York could lose another Congressional seat. The NY-27 as we know it could become far less of a conservative district if it takes in more of Buffalo or Rochester, or stay red if it picks up more of the Southern Tier.

"David is the best candidate of all those considering running for the NY-27 that preserves the district if the redistricting ax handle falls in Albany," Caputo said. "The NY-27 is less likely to be taken from a Medal of Honor recipient. The voters of the NY-27 have a rare opportunity to select the only Republican candidate who can repel a redistricting raiding party."

As for what kind of candidate and congressman Bellavia might be, Caputo said he believes Bellavia could be the kind of leader that helps heal some of the divisions in the country. While Bellavia has supported the president, his Hall of Heroes speech -- a big hit with conservatives that has drawn no fire from progressives -- was patriotic without being nationalist, Caputo acknowledged. It was anti-war while promising to rain destruction on any nations that attack the United States, and standing before the Army's top brass, Bellavia stood strong for loyalty, equality, and a free press.

After praising the work of combat journalist Michael Ware, and noting the important role journalists play in telling the story of the men and women who go to war, Bellavia said:

"This entire military is one cohesive dedicated force. And the threats to our nations -- they don't sleep. They're watching our every move. Iran. Russia. China. North Korea. ISIS. Al-Qaeda. They may be watching this right now.

"Our military should not be mistaken for our cable news gabfest show. We don't care what you look like. We don't care who you voted for, who you worship, what you worship, or who you love. It doesn't matter if your dad left you millions when he died or if you knew who your father was. We have been honed into a machine of lethal moving parts that you would be wise to avoid if you know what's good for you.

"We will not be intimidated. We will not back down. We've seen war. We don't want war. But if you want war with the United States of America, there's one thing I can promise you, so help me God, someone else will raise your sons and daughters.

"We fight so our children never have to. We fight for one day when our children and our enemies' children can discuss their differences without fear or loathing."

That tempered conservatism reflects Bellavia's beliefs, Caputo said.

"Most Western New York progressives, who are valuable voices in the discussion, in the public discussion, most of them know David," Caputo said. "Some of them are good friends because David made a point when he returned to Western New York to reach out to progressives he respects.  

"The reflexively anti-conservative progressives might not support him but the open-minded, thinking progressives who have been in conversations with David for years now, understand the kind of person he is. 

"If people approach this honestly, there is an agreement on both sides that we're in trouble as a nation and we need to tone this down and become more united. David is the person who can start that conversation from our side."

Photo: File photo, Bellavia's 2012 campaign kickoff announcement.

Saturday night this kitten was thrown from a red car on Route 98 near West Saile Drive.

According to the Sheriff's Office, the kitten suffered severe injuries. 

No further description of the vehicle is available but the incident was witnessed at 8:45 p.m., Saturday.

People with information that can assist the investigation are asked to call the Sheriff's Office at (585) 343-5000.

UPDATE: According to Volunteers for Animals, "Due to the severity of the injuries, the kitten was euthanized per the veterinarian's recommendations."

     William Schultz

A 45-year-old Batavia resident has been arrested and accused of selling crack cocaine on two occasions to an agent of the Local Drug Task Force.

William G. Schultz Sr., 45, of East Main Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Schultz was arrested on a sealed indictment warrant after appearing at the Batavia PD headquarters on an unrelated matter. 

Following his arraignment today in Genesee County Court, he was jailed without bail.

His arrest is the culmination of a six-month investigation by the task force, assisted by Batavia PD, the Sheriff's Office, and the District Attorney's Office.

Brian Keith Dyer, 52, of North Street, Batavia, (inset photo, right) is charged with second-degree assault and criminal possession of a weapon in the third degree. Dyer was arrested on July 5 after he allegedly hit another person over the head with a blunt object, causing an injury, during an altercation at 6:07 p.m. on North Street. He was arraigned in Batavia City Court and jailed without bail. He was due back in court today (July 8). The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

O.V. Murphy, 60, of Highland Park, Batavia, is charged with second-degree harassment. Murphy was arrested after allegedly striking another person on the front porch of his residence at 14 Highland Parkway at 5:51 p.m. on July 3. The defendant was issued an appearance ticket for July 16 in Batavia City Court. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Stephen Quider.

Linda A. Snyder, 36, of Highland Park, Batavia, is charged with second-degree harassment. Snyder was arrested after a physical altercation at 14 Highland Parkway. She allegedly struck another person while on the front porch at 5:51 p.m. on July 3. The defendant was issued an appearance ticket for July 16 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Felicia DeGroot.

Damien Cole Clark, 18, of Lemoyne Avenue, Syracuse, is charged with second-degree harassment. On July 6, Clark was arrested at Six Flags Darien Lake Theme Park after he allegedly slapped an employee in the head. He was issued an appearance ticket for Darien Town Court and is due there on July 23. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

William T. Hughes, 62, no permanent address, Batavia, is charged with second-degree criminal contempt. Hughes was arrested at 4 p.m. on July 5 on Spruce Street, Batavia, after being allegedly found in violation of an order of protection. He was located in the residence of the protected party. Hughes was arraigned in Town of Batavia Court and jailed without bail. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Camp.

Wesley Thigpen, 38, of Ellicott Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 4:30 p.m. on July 7 on Vine Street in Batavia after he allegedly had unwanted contact with an individual in violation of an order of protection. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash or bond. He was due back in court this afternoon (July 8). The case was handled by Batavia Police Officer Peter Post, assisted by Officer Stephen Quider.

Samuel N. Sciascia, 47, of Dewey Avenue, Rochester, is charged with four counts of criminal possession of a controlled substance in the seventh degree, one count of criminal possession of burglar tools, and one count of criminal possession of a hypodermic instrument. He was arrested following a complaint of suspicious activity at the Tops Friendly Market parking lot on West Main Street in Le Roy. Upon arrival by a Le Roy patrol, Sciascia was allegedly found in possession of multiple different types of controlled substances along with a crack pipe and hypodermic needles and a vehicle access tool used to enter locked vehicles. He was arraigned and put in Genesee County Jail in lieu of unspecified bail.

Scott D. Higgins, 38, of Ganson Avenue, Batavia is charged with: driving while intoxicated -- with a previous conviction; operting a vehicle without an ignition interlock device; DWI with a BAC of .08 or more; leaving the scene of a property damage accident; and aggravated inlicensed operation of a motor vehicle in the first degree. At 2:36 a.m. on July 6, Batavia Police responded to the area of 5 Maple St. for a truck into a utility pole that left the scene. Subsequent investigation located the vehicle and operator on Ganson Avenue and Higgins was arrested. He was arraigned in Batavia City Court and jailed without bail. He was due back in court this afternoon (July 8). The case was investigated by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan.

Jonathan Henry Cordeiro, 32, of McIntyre Road, Le Roy, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI -- first offense; expired inspection; aggravated unlicensed operation in the third degree. Cordeiro was arrested at 1:33 a.m. after a traffic stop on West Main Street in Batavia. He was issued several tickets and is due in Batavia City Court on July 16. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Ross Miller, 59, of Rochester Street, Bergen, is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, failure to keep right, failure to use designated lane, and illegal signal -- less than 100 feet from turn. Le Roy Police arrested Miller on July 3 after being observed allegedly operating his vehicle erratically and failing to maintain his lane of travel. A subsequent investigation allegedly found Miller to be intoxicated and he was ticketed and released.

Gregory James Savino, 36, of Oak Lane, Lockport, is charged with: aggravated driving while intoxicated; DWI; moving from lane unsafely; failure to keep right; and driving left of pavement markings. At 8:58 p.m. on July 4, Savino was arrested on Alleghany Road, Alabama. He allegedly crossed the center line into oncoming traffic while traveling southbound on Route 77 in the Town of Alabama. Further investigation allegedly determined he was driving with a BAC of .18 percent or more. He was released on an appearance ticket and is due in Town of Alabama Court on July 24. The case was handled by Genesee County Sheriff's Deputy David Moore.

Christine M. Wagner, 38, of Jackson Street, Batavia, is charged with having an unlicensed dog and having an unvaccinated dog. Wagner was arrested at 6:11 p.m. on July 1 following an investigation into a dog bite complaint on Jackson Street. She was issued an appearance ticket and is due in Batavia City Court on July 17. The case was handled by Batavia Police Officer Stephen Cronmiller.

Jodee M. Henderson, 34, of Broadway Road, Darien, was arrested and arraigned in Batavia City Court at 1:45 p.m. July 5 on an outstanding bench warrant. She was released on her own recognizance and is due back in court on July 17. The case was handled by Batavia Police Officer Kevin DeFelice.