notify

For the first time -- as far as we know -- Rep. Chris Collins made his first appearance in Genesee County since his arrest Aug. 8, stopping by a polling location in Oakfield to drop off donuts.

Dick Siebert, the Republican election commissioner, said he spoke with a Democratic poll monitor at the poll in Oakfield and Collins did not campaign while at the location, did not carry any campaign material and did not wear anything that would identify him as Chris Collins.

"He spoke to one or two of the inspectors," Siebert said. "From what I understand he just wished them a good day. He had no campaign button or anything on that would identify him as Chris Collins. He did no campaigning with any of the people standing in line to vote."

Collins is running for reelection after being charged with securities fraud, wire fraud, and lying to the FBI. His top rival is Nate McMurray, town supervisor of Grand Island.

The turnout is reportedly good at Genesee County polling locations, on par with a presidential-year election, according to Lorie Longhany, the Democratic election commissioner. 

"We just heard from another polling location and they are using the word, 'busy,' " Longhany said. "My guess is, a more robust turnout for a midterm, which is what is being reported nationally."

Our news partner, WBTA, contributed to this story.

In the past three weeks, Rep. Chris Collins has made eight campaign stops, according to his Twitter feed, and none of them have been in Genesee County.

His opponent, Nate McMurray, made eight stops in just two days, including one Sunday morning at Tim Hortons in Batavia.

"I feel we're going to win," McMurray said. "I mean, I had people in Albion and Medina yesterday running up to me or stopping cars because they recognized me. I never had that experience in my life."

Whether McMurray's prediction of victory is confidence or overconfidence, we won't know until late Tuesday night but McMurray said he also feels the weight of the world when he thinks about winning. He knows it will mean that a lot of Republicans in this bright red district put their faith in him.

"I had Republicans coming up to me saying 'we believe you, do not let me down,' " McMurray said. "I could see they were serious, like, 'we've been let down, don't let me down,' and I'm like 'I'm not lying. This is who I am. I'm going to fight for you and I'm going to learn from you.' And I think honestly, I'm not trying to be glib, but I have learned from the people of this region and I'm humbled by it."

McMurray, who told reporters he's lost 30 pounds since the campaign started, has made an issue of the tribalism and cynicism that has gripped American politics and has vowed to break down those barriers. That, too, will create a responsibility for him if he wins, he said.

"I think a lot of people are so beaten down by politics and they become so pessimistic and just so dismissive of their political leadership," McMurray said. "For whatever reason, they're starting to feel hope in me in this campaign and I feel a great duty towards them, and on both sides of the aisle.

"Obviously, as a Democrat running here, I'm going to have a bigger burden to prove to Republicans that they can trust me and they can vote for me again."

He said he has run his campaign with little to no Democratic party input or influence and very little help, and vowed that if he won he would not buckle to pressure from Democratic leaders to conform to their views of the world.  

The latest polls show the race a toss-up that will come down to the wire. The state just released updated registration numbers for the NY-27 that may put a little wind behind McMurray's sails. The Democrats registered 1,848 voters compared to only 467 for Republicans.

Previously: Profile: Nate McMurray, Democratic capitalist, bucking the trend of his party

A fire that is thought to have started on the west side of the home destroyed a parsonage at 4131 Rose Road in Batavia late this morning.

"We lost our parsonage," said Faith Community Chapel Pastor Henry Pokrywa. "Firefighters responded promptly. Nobody was inside. The dog got out and they're still looking for the cat."

Retired Faith chapel Pastor Gene Demay and his wife, Rena, lived at the church-owned property with their pets.

They were at the chapel next door when the fire broke out and a passerby saw flames coming from the structure and called the Emergency Dispatch Center.

Town of Batavia Deputy Fire Chief Robert Tripp said they secured the natural gas line when they arrived on scene and waited for apparatus to arrive. They had difficulty accessing the origins of the fire because the house has a metal roof on top of asphalt shingles.

Tripp said they were able to send a crew inside initially, but then the interior became fully involved and a partial collapse of the roof on the south side made staying inside too dangerous so the crew was called outside.

At that point, until they could cut through the roof, the only points to fight the fire were windows and where venting occurred. Extensive overhaul will need to be done to ensure it's out and there's no rekindle.

"Don't put a metal roof over asphalt shingles," Tripp said. "Have one (kind of roof) or the other. Our saws are prepared for one style or the other. We have to switch out the blades to cut through both," which takes precious time to do.

"No one was injured, thank God," said Pastor Pokrywa. "We thank everybody for their prayers and we thank the firefighters and first responders."

Pokrywa added that the well-being of retirees Gene and Rena Demay "will be taken care of."

Once the fire was out, firefighters searched the flooded basement for the cat and found it alive. After getting a bit of oxygen, the cat was taken to a local vet for further examination.

Asked if the parsonage is a total loss, Deputy Chief Tripp said they have been unable to get inside yet to make that determination. There is significant smoke and fire -- not water -- damage to the first floor.

Firefighters responded with mutual aid from Le Roy, Alexander, and Stafford. Also responding were the American Red Cross, Mercy medics and Genesee County Sheriff's deputies.

Howard Owens was at the scene and contributed to this report. Photos by Howard Owens.

Pastor Henry Pokrywa

Tim Yaeger, the county's emergency management coordinator, carries books that were recovered by interior firefighters after the fire was out. These were the first items removed from the house. Several items were removed, including what looked like family photos that probably sustained water and smoke damage but appeared unburned.

A church-owned house next to Faith Community Chapel is on fire at 4131 Rose Road, at the intersection of Rose Road and Route 98 in Batavia. Flames are showing. It has a metal roof. Churchgoers were on the premises when the fire broke out, but they are believed to all be out of structures. Town of Batavia Fire Department is responding.

UPDATE 11:38 a.m.: Flames have well involved the west side of the house and are shooting through the roof, according to a firefighter on scene. Alexander's Fast Team is called for mutual aid, along with Le Roy and Stafford fire departments and Mercy medics.

UPDATE 11:42 a.m.: A first responder has shut off the natural gas line on the property. They are clearing the parking lot of vehicles to accommodate emergency equipment. The American Red Cross is called to the scene.

UPDATE 11:48 a.m.: National Grid is called to shut down power. Traffic is being held at Route 98 and Rose Road.

UPDATE 3:09 p.m.: The family dog was rescued from the house before the fire spread but the fate of a cat was unknown. Throughout the fire and overhaul, it was believed the cat was in the basement. The basement was flooded and firefighters had to pump water out. We just received word the cat was found alive and was rescued.

UPDATE 3:25 p.m.: Town of Batavia assignment back in service.

John P. Wittkopp, 35, of Columbia Avenue, Batavia, is charged with sixth-degree conspiracy and fourth-degree grand larceny -- value greater than $1,000. On Oct. 31, Wittkopp responded to Batavia PD and was arrested after an investigation into an incident that occurred at 4:21 p.m. on Oct. 27 on Main Street in Batavia. He was issued an appearance ticket, released, and is due in Batavia City Court on Nov. 13 to answer the charges. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Jamie M. Ficarella, 42, of Liberty Street, Batavia is charged with sixth-degree conspiracy and fourth-degree grand larceny -- value greater than $1,000. On Oct. 31, Ficarella responded to Batavia PD and was arrested after an investigation into an incident that occurred at 3 p.m. on Oct. 28 on East Main Street in Batavia. She was issued an appearance ticket, released, and is due in Batavia City Court on Nov. 13 to answer the charges. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Breanna C. Toal, 22, of Dellinger Avenue, Batavia, is charged with petit larceny and falsifying business records in the first degree. Toal was arrested Oct. 28 following an investigation into a report that she stole from her employer while working at 7-Eleven on East Main Street in Batavia. She was processed and released on an appearance. She is due in city court on Nov. 13. The case was handled by Batavia Police Officer Jason Ivison.

Aaron L. Klein, 47, no permanent address, Batavia, is charged with petit larceny. Klein was arrested on three counts of petit larceny following an investigation into property that was stolen from a residence on Montclair Avenue in the City of Batavia, shortly after midnight on July 26. He was already being held in Genesee County Jail on unrelated charges. He was issued an appearance ticket for city court and is due there Nov. 13. The case was handled by Batavia Police Officer Jason Ivison.

Olivia J. Paganin, 29, of Myrtle Street, Le Roy, was arrested on Nov. 1 by Le Roy Police Officer Kellogg on a Batavia City Court warrant. The defendant was then extradited to Batavia PD, arraigned in city court and put in jail. Paganin is due in city court at a later date. The case was handled in Batavia by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

      Richard Hanes

A former Orleans County resident whom investigators believe planned the murder of Raymond Morgan before beating him to death in his apartment at 111 Liberty St., Batavia, on July 24, was charged in Genesee County Court today with murder in the second degree.

Richard D. Hanes, 36, entered a not guilty plea before a courtroom packed with Morgan's family and friends as well as several police officers and detectives from Batavia PD. He was shackled and dressed in the green jumpsuit of the Department of Corrections and accompanied by a pair of corrections officers.

"Right now we don't have a motive," said Det. Kevin Czora after Hanes was arraigned on the single count of second-degree murder. "All we know is that it was an exceptionally violent attack that happened in an extremely short period of time. I believe it was premeditated from the evidence that we've collected, and what we know, but as of right now we do not have a motive."

Hanes has been in state custody since July 26, two days after the murder, on an alleged parole violation. He is being held at the Attica Correctional Facility.

He was convicted in Orleans County in 2003 of burglary, 3rd, attempted robbery, 2nd, and grand larceny, 4th. His parole on those charges expires Dec. 7.

According to a police spokesman, Hanes was living at 5 Thorpe St., Batavia, a rooming house for clients of GCASA, at the time of the alleged murder.

The evidence against Hanes, according to Czora and District Attorney Lawrence Friedman, is wide-ranging.

"There were witnesses in the area who, when this happened, identified him," Friedman said. "That's how it got started. So we have that. There are various items of physical evidence that were found and connected to him. We've got surveillance video from various locations that follow his path after the crime. There are also various items of scientific evidence."

Hanes is scheduled to remain in state custody until early December. Judge Charles Zambito ordered him held without bail but Fred Rarick, representing Hanes, said he reserved his right to make a bail application at a later date. Hanes will next appear in County Court on Jan. 9 for a hearing on any motions that have been filed.

Though Morgan had his own trouble with the law, he was a 47-year-old Batavia native with a large, tight-knit family locally, including five grandchildren, and a large network of close friends. Victor Thomas said they're all relieved to see the case reach this stage after months of waiting for justice to be served.

"This is the first step," Thomas said. "At least we start to see some justice; at least we got a name; at least we have a charge; at least we've got a prosecutor and somebody who is going to fight for us."

While police identified a suspect early in the investigation and gathered several items of physical evidence, formal charges were delayed until DNA could be analyzed.

Friedman said, because of ethical guidelines, he couldn't discuss that aspect of the case but he said the important factor was just making sure all of the evidence was ready for a successful prosecution.

"I can say that the delay was a matter of completing the investigation," Friedman said. "Fortunately, we had the luxury of time knowing that he was being held on a parole detainer and we knew what our timeline was as far as when we needed to have a grand jury presentation to make sure that we were at this point before he got released by parole."

He said he understood the desire of family and friends to see an arrest made quickly.

"Obviously, I've known all along that there are a lot of people who are very interested in this case, family members, people who are anxious to see something happen and we're maybe at times troubled by the fact that that wasn't happening quicker," Friedman said. "But my position has always been in this case and others is, we're going to do it right rather than doing it quickly. We're not going to jump the gun before we've got everything in order."

Todd Crossett, Batavia PD's assistant chief, said patrol officers and detectives put in more than 800 hours on the case so far (and the investigation isn't done).

"This is a culmination of many hours of work from patrol officers doing an excellent work at the initial crime scene and then going to the detectives," Crossett said. "Anything that came into the department, they were on it. Long, long hours, especially when it initially came in, long hours of chasing everything down. I think because of that hard work in the beginning that's why we ultimately got to where we are."

There has been speculation, Czora acknowledged, that there may have been other people involved in the murder of Morgan. He said every lead along those lines has been pursued and so far there is no evidence of any other people being involved.

The investigation doesn't end with the arraignment today, Czora said.

"There are countless numbers of pieces of evidence that we've obtained and processed and continue to process even still to this day," Czora said. "Our investigation continues even after this arraignment. It's just been an extensive amount of work that needed to be accomplished."

Top photo: Friends and family wearing T-shirts in tribute to Ray Morgan.

Richard D. Hanes is charged with second-degree murder, a Class A-1 felony, in the beating death of Raymond Morgan on July 24.

The crime occurred at 111 Liberty St. in the City of Batavia.

Hanes was indicted by a Grand Jury and arraigned in Genesee County Court this afternoon.

The charge carries a mandatory life sentence if convicted.

UPDATE: Investigators believe murder of Ray Morgan was premeditated

Updated at 2:20 p.m. with additional comments from Piegza.

President Trump "is a traitor." He's "Putin's lap dog." "He colluded with the Russians." These aren't statements you would expect to hear from a candidate for Congress who wears a red MAGA hat and holds himself out as a better choice for Trump Republicans than the current incumbent.

But Larry Piegza has used these phrases in his social media advertising The Batavian has learned.

Shortly after our story about Piegza was published yesterday a reader sent us a link to his advertising history on Facebook.

There's a clear pattern: Before Rep. Chris Collins was arrested by federal authorities on insider trading charges, Piegza attacked both Trump and Collins. Trump as a traitor, Collins as corrupt and unethical.

After Collins was arrested, Piegza donned the MAGA hat and proclaimed himself the only pro-Trump conservative who wasn't also facing criminal charges in the race. He's been selling himself that way to the media and on social media and at campaign appearances ever since.

Asked about the transformation, Piegza issued a statement to The Batavian and said the attacks on Trump were an attempt to draw attention to his campaign. He wanted to offer an alternative to Collins -- who was already facing an ethics investigation -- who wasn't a Democrat but Republicans didn't want to listen to him.

"The problem came up against when I tried to get my message out as a third-party candidate," Piegza said. "When people heard that I was against Collins, they accused me of being a Democrat and walked away.

"Noting that Trump gets a lot of press by making huge, provocative statements, I followed his example and called him out on some issues, namely his over usage of Twitter and his bizarre love of Vladimir Putin. I was doing this to create media buzz and get some free press."

After Collins was arrested, Piegza said he changed his tone because he calculated that in the changed political environment, he would get coverage.

"When Chris Collins was arrested, I panicked (like the rest of the district) when I realized that he couldn't get off the ballot," Piegza said. "Our district might be known as the district that elected a criminal! I dropped my provocative statements because I felt the press would cover me more naturally."

We also asked if the Democrats had anything to do with his campaign. He hasn't responded but that's a suggestion raised by Ellis McNally, who describes herself as a Republican strategist in Western New York, in a piece published on the blogging platform Medium in September.

In his statement, Piegza didn't address that charge directly but he did lead off by saying that there had been a fake candidate in the race early on, one seemingly put up by the Collins team, Mike Zak, as a Green Party candidate (an apparent attempt to draw votes from the Democratic nominee). Zak was eventually found out and he withdrew from the race.

In a follow-up e-mail, Piegza said of the suggestion that the Democrats have something to do with his campaign, "It is false. The Reform party has always supported Chris Collins in the past. In this election throughout the state they are endorsing conservatives. They chose to endorse me because Chris Collins probably broke the law and they wanted an ethical candidate. If the local  GOP offices had just endorsed someone else, I wouldn't be running, and the Reform Party wouldn't have endorsed me."

In a NewsGrowler piece about the controversy, published in May, Piegza is described as supporting the Mueller investigation.

Like Collins, Piegza is a hardline conservative. He is pro-life, pro-2nd Amendment, and for lowering taxes. Unlike Collins, Piegza describes himself as “pro-Mueller,” indicating his support of Special Counsel Robert Mueller’s investigation into President Trump.

Piegza sent two press releases (one, two) to The Batavian before Collins was federally charged with securities fraud, wire fraud, and lying to the FBI (charges he denies). Neither of them mentioned Trump, though Piegza did say he wanted to return the GOP to its conservative roots.

“Many people are saying we’ve drifted from believing in good fiscal responsibility, ethical values, and a government that stays out of our lives. People are saying they’d like to see us return to these values. I’ve shown that I can make good fiscal decisions that aren’t at the expense of another person. I’d love to help restore the party to a strong ethical foundation.” 

It's a common complaint of NeverTrump Republicans that Trump is pulling the party away from its traditional values.

After the jump, the complete statement from Piegza:

This seems like Collins' last hurrah -- an attack on the best conservative candidate in the district. It tells me that Collins has finally realized that he will probably place third in this race. Sad.

The fake candidate in this race was Mike Zak.

http://www.dailypublic.com/articles/04152018/collins-hand-picks-his-green-party-surrogate

Here's my full statement:

-----

The facts show that I believe that the policies Trump is enacting -- tax cuts, better trade deals, etc. are fantastic and exactly what this nation needs.The economy is thriving under Trump's leadership, and he is setting up deals to make us more competitive for the future. 

I don't believe anyone should trust politicians at their words so if you want to know what I stand for, you should "Follow the money."

Six months ago I founded the American Center for eDemocracy, LLC.(http://eDemocracy.us). This is a website which allows citizens to tell their congressman exactly how to vote on policy and allows residents to tell their congressman what they want them to fight for. This start-up company will personally cost me hundreds of thousands of dollars and years of effort before we turn a profit (if ever). I spent my time doing this because I believe politicians should represent their districts' needs exactly, and I really believe that a tool like this will help them do that. One example of why this might be useful is if you think back to when Collins repeatedly voted to end Obamacare. A system like eDemocracy.us would have told Collins that voting against it and ending preexisting medical condition coverage was a bad idea.

The fact is, NY 27 is Trump country. I am confident any polling of residents through eDemocracy will result in people saying that they want to support President Trump. So if you follow the money, you'll see that I will support Trump completely. I simply didn't spend hundreds of thousands of dollars just to ignore the result. That would be like a farmer hiring people, buying equipment, planting crops and then burning the crops before harvest.

So why did I run?

Twelve months ago I ran against Chris Collins because he had most likely broken the law and I wanted to allow people to cast an "Ethics Vote." I knew that many people wanted to tell our Republican Party to "Endorse better candidates -- we do not support criminals." I wanted people to not have to choose between holding their nose and voting for Collins or voting for a Democrat.  

The problem came up against when I tried to get my message out as a third party candidate. When people heard that I was against Collins, they accused me of being a Democrat and walked away. Noting that Trump gets a lot of press by making huge, provocative statements, I followed his example and called him out on some issues, namely his over usage of Twitter and his bizarre love of Vladimir Putin. I was doing this to create media buzz and get some free press.

When Chris Collins was arrested, I panicked (like the rest of the district) when I realized that he couldn't get off the ballot.  Our district might be known as the district that elected a criminal! I dropped my provocative statements because I felt the press would cover me more naturally. As a small business entrepreneur, I believe I can very much help out NY 27. As a Pro-2nd amendment candidate, I've also donated $150,000 to help regrow fish and game populations in the U.S. If you want to "follow the money" for proof, you can contact Sharon London at National Wildlife Federation. Check out my website for a full platform at http://FixItLarry.org 

The great news is that if you, the voters, believe that I am planning on voting against a policy you love, you can just log in to http://eDemocracy.us and tell me to vote the way you want. I've already promised that if 60% of the voters in the district want me to vote a certain way, I will, no questions asked. This is a far better deal than Chris Collins gave us when he stated he votes the way his donors tell him to.  

In summary, people have two choices this election. They can choose to vote for Collins, who most likely has broken the law and does not listen to residents. Or, they can vote for someone who has spent hundreds of thousands of dollars proving that he just wants to listen to his voters. My recommendation is that everyone should vote for the candidate that they can brag to their grandchildren about afterwards.

Additionally, we asked Piegza questions about his views of Trump. Here is that portion of his follow-up email.

Do you believe Trump is a traitor, as you say in one of your ads? Did he collude with the Russians? Is he Putin's lap dog?

Trump's methodology of getting things done is to alternately praise and threaten world leaders. This seemed to work for both Canada and North Korea, as he has managed to renegotiate deals and accomplish things that other leaders thought impossible (remaking NAFTA, returning fallen soldiers remains, etc.). This obviously means Trump has a "change of pace" strategy that works well. It is what the voters have hired him for -- shaking up the current order of things. It is stunningly effective -- China is now starting to buckle under the tariffs, and I would guess that they will come to the table soon. All of this indicates that Trump is a very successful negotiator. It is time that everyone in Congress get behind his strategies and help him succeed.

Months ago, Russia dumped all of their U.S. bonds. This is a great indication that Putin is unhappy with the United States and that Trump is not colluding with anyone. The U.S. has also arrested a lot of Russians and expelled 40ish diplomats from the United States. Is Trump a traitor? No.

Why did I say provocative things in my ads? As a third party candidate, I have been unsuccessfully trying to get the press to notice me in this race. Thus, I've been forced to do edgy things to get on everyone's radar. Trump should be pleased -- imitation is the highest form of flattery. I've actually been studying what he does to try to learn how he accomplishes the things he does. The whole reason why I took a cardboard cutout of Chris Collins and took pictures in front of a police car is I'm working to master that "edgy" side of communication.

Should the Mueller investigation continue?
It's been a year and a half and there is no evidence of collusion. This is a strong indication that it should be closed down.

Don't call NY-27 Reform Party candidate Larry Piegza a spoiler. He may be behind in the polls but if the media had just given him as much attention as Chris Collins and Nate McMurray he would be leading those same polls, he believes.

He is, after all, the only not-arrested, not-out-of-jail-on-bail, pro-Trump candidate in the race.

The tech-company CEO says he has the data to prove he is a logical alternative to incumbent Chris Collins, who has a federal court date pending in 2020 on insider trading charges.

"What I did was I had a robocall," Piegza said. "I called every single Republican, conservative, independent and unaffiliated voter that has voted in the last in an off-year election. In five seconds explain it, 'Hi, I'm Larry. I'm a pro-Trump candidate running against Chris Collins. He's the guy who recently got arrested. Would you consider voting a pro-Trump, third-party Republican?' "

In all, his computer dialed 125,000 phone numbers. Of those, 19,000 phones were answered. Of those, 1,900 completed the survey. Of those completing the survey, 59 percent said they would consider voting for a pro-Trump alternative to Collins. Only 22 percent of the respondents said they would still prefer Chris Collins.

"So as soon as they were actually given a choice, people were actually willing to consider a third party conservative," Piegza said during an interview with The Batavian two weeks ago at Moonjava Cafe. "These are the people that actually vote in off-year elections. Interesting. So, I'm actually convinced that if I can just get my name out that clearly I cannot only win this election but if I don't it's because Chris Collins is actually the spoiler."

Piegza entered the race well before Collins was arrested Aug. 8 by federal authorities on charges of securities fraud, wire fraud, and lying to the FBI (charges Collins denies, though has refused to explain), not just because he wanted to run for Congress as a minor-party candidate but because he knew trouble was looming for Collins, who was already facing a Congressional ethics investigation for his dealings with Innate Immunotherapeutics.

For Piegza, who jumped on the Trump "drain the swamp" bandwagon, Collins is just another corrupt politician out to serve himself rather than the voters of the NY-27.

"I actually believe if the liberal media started to actually realize that I am a real candidate, and get my name out there, I believe I have an excellent chance of winning this election."

Piegza shares the president's concern about "fake news" (though he wishes the president would stop calling reporters "the enemy of the people"), so much so that he and software engineers who work for him, created a now-defunct website, Identifact.org, designed to rate reporters and news organizations on their adherence to facts.

The site never gained traction but Piegza has continued to look toward technical tools to help solve democracies' problems.

His other venture is eDemocracy.us. 

Piegza has big ambitions and eDemocracy is at the heart of his plans, now that his company GAP Technoligies Inc., has reached a sustainable level of success, giving him more time to try and make the world a better place.

"(Collins) never had town hall meetings and I thought to myself, 'well, how can I do better than that?' " Piegza said. "It occurred to me that we should really be putting constituent feedback online. Why can't somebody who is actually in the district and has an opinion on a piece of legislation or wants to contact their congressperson, why can't they just log online, go into a secure website and tell their legislator how to vote?"

According to Piegza, eDemocracy is designed to match constituents with their representatives, contain every piece of legislation coming up for a vote, provide a place to petition representatives on any topic, and allow representatives to explain themselves to the voters. The site is also designed to contain a reservoir of fact-based information to help voters better understand issues so they can provide more informed advice to elected officials.

Piegza has a lot of faith that such a system would temper the partisan divide and get representatives to actually do what their constituents want them to do rather than legislate based on sound bites.

"If we can get the entire United States onto a system like this that it would be really, really exciting because you'd be able to break down each district, what their residents feel," Piegza said.

"This would take all of the politics out of it," he added later, "because you would actually know what the people in the United States want. It's an exciting concept and I really believe it can revolutionize policymaking in the United States."

If elected, Piegza said he will use the system and will vote according to how voters on eDemocracy tell him to vote. If 60 percent of those who log on and express their opinion tell him to vote a certain way, that's how he will vote.

We grilled him on this idea a lot.

For example, as far-fetched, as it sounds, what if the district flipped on Trump and 60 percent of the voters told him to vote to impeach the president? He ran as a pro-Trump candidate. Would he really betray that campaign promise because a poll told him to change his mind?

"That's a great question," Piegza said. "I think most people, given the fact that it's one of the few parts of my platform that I say 'this is what I'm standing for,' I would follow my conscience, most likely," Piegza said. "Obviously, if 80, 90 percent of people said yes, absolutely. We need to oppose this particular Trump policy, yeah I consider it."

Piegza thinks eDemocracy can help untangle complicated topics such as immigration. If eDemocracy were widely used, he said, the country would be less divided over the issue.

"Take something like immigration," Piegza said. "Everyone wants legal immigration, but that means different things to different people. They have different tolerances for various things. So since nobody really has a great handle on what the people want, the parties are fighting. There's all the chaos that's currently going on.

"What would happen if you could administer a survey across the United States and everybody who cares about immigration logs in and completes this 50-question survey? It asks questions like: Do you want a border wall? How much are you willing to pay for a border wall? Do you support DACA? You administer this across the entire United States and you find those places where it's extraordinarily calm, like 80 percent of the people agree that on whatever, like we should have a border wall, and then we craft legislation that's custom tailored to what you know 80 percent of the people want."

That, Piegza said, would make policymaking easier and less political.

However, immigration is also a good example of a policy conflict where facts don't matter to popular opinion. For example, we pointed out, it's well documented that farmers need immigrant labor to help bring the crops in, yet much of the opposition to immigration comes from residents in those same rural counties.

Piegza said he believes if people are given good facts through eDemocracy they will come to the right decisions.

Which brought us to a discussion of climate change, a topic where the data is clear yet some people hold steadfast to the belief that climate change is a hoax.

Piegza said he would approach legislation related to climate change like any other issue that might pop up on eDemocracy. We would want the facts presented, the policy issues fully vetted, and he would vote the way his constituents said he should vote.

"I would consider a carbon tax," Piegza said. "We'd have to figure out how to pull it off so it doesn't damage any businesses or limit small business growth. I believe that we as the United States should be encouraging small businesses in research and development to make sure that we can have businesses that are running more effectively.

We also asked about confirmation bias and the tendency of people to put the belief of their political cohort ahead of what the data says -- people defend their beliefs no matter how wrong on the facts might be presented to them that contradict their beliefs.

It turns out Piegza is well acquainted with confirmation bias. He has a degree in Psychology. He believes eDemocracy can overcome confirmation bias.

"If there's one thing that I could add to our culture or to the United States, it's that there has to be an attempt at getting Democrats and Republicans to see eye to eye," Piegza said. "It is eDemocracy? I'm not saying that's a complete solution or anything like that. What I am saying is that it can't hurt knowing exactly what the Americans feel exactly and what each district feels."

For a guy who believes political harmony can be achieved in the United States, it might be surprising he supports Trump, who calls Democrats "evil" and has a tendency to come up with derogatory nicknames for his opponents ("Lying Ted," "Little Marco," "Low-energy Jeb").  He does wish Trump wouldn't go there.

"He's got he's got a bombastic personality," Piegza said. "He likes charging events and charging words and using explosive phrases. As a leader, I think he should step back from that. I'm a big believer in getting consensus. I'm a big believer that we can make better decisions together. So I'm not a big fan of the explosive language. You know to be perfectly honest, if there's one thing I could do it could be to grab the President's phone and throw it in the toilet."

It's been a banner year for the Genesee County Chamber of Commerce -- more ribbon cuttings, more members, more tourism dollars, and even higher attendance at the chamber's annual meeting at Terry Hills.

This year, 156 people turned out for the luncheon and Chamber President Tom Turnbull's upbeat review of the past year of chamber activity.

Membership has increased from 425 businesses on the Chamber's rolls to 464, a 9-percent increase, the largest single-year climb in membership on record.

"I think we've done a better job of conveying the value of being a Chamber member," Turnbull said after the meeting. "From our improved staff, improved social media, improve the communication with our members, we've been able to let people know what the chamber does and that it's growing.

"It also is a reflection on the business community. Businesses are growing. We're doing ribbon cuttings because there are new businesses. I think we that reflects what's happening in the business community."

The new visitor center on Park Road has given a boost to local tourism, Turnbull said, but new hotels, more travel, a good economy, are also giving a boost to the bed tax, which funds tourism promotion in Genesee County. Bed tax revenue was up 11 percent in 2017.

Tourism is the county's second leading industry, after agriculture, Turnbull said, with nearly two million visitors passing through the county annually contributing $180 million to the local economy. Darien Lake alone draws 800,000 people during its short 100-day season.

During the summer, sports events have become a big draw for the county, leading to all rooms booked at every hotel in the county on many weekends.

This past summer, 53 events in Genesee County drew 123,000 people.

Asian tour companies have discovered Batavia is a convenient location for an overnight stay, Turnbull said, because it's still close to Niagara Falls but with competitive room rates. As many as 10 tour buses a day stop in Batavia.

Local tourism employes more than 2,000 people at 380 tourism-related business with a $58 million annual payroll, Turnbull said.

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with five felony counts of disseminating indecent material to a minor. Somerton was arrested and arraigned on Oct. 31 following an investigation into an offense that occurred on Kelsey Road in the Town of Batavia on Oct. 13. Additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Victoria Lynn Jacques, 49, of Seward Road, Alexander, is charged with aggravated driving while intoxicated, with a BAC of .18 or higher, and DWI -- first offense. Jacques was arrrested at 8:42 p.m. Oct. 27 on Broadway Road in Bethany. She was operating a vehicle that matched the description of a vehicle cited in a traffic offense complaint called into the Emergency Dispatch Center. Genesee County Sheriff's deputies pulled her vehicle over and allegedly determined she was intoxicated. She was transported to Genesee County Jail and released on appearance tickets for Town of Bethany Court Nov. 22. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Mathew Clor.

David A. Leach Jr., 24, of Stafford, was arrested Oct. 20^th by the Le Roy Police Department and charged with: first-degree burglary, a Class B felony; second-degree strangulation, a Class D felony; third-degree criminal mischief, a Class C felony; and third-degree assault, a Class A misdemeanor. In the early morning hours of Oct. 20^th, Le Roy police responded to the report of physical domestic incident in progress. Upon arrival, the suspect, later identified as Leach Jr., had fled the scene and was believed to be operating a motor vehicle while under the influence of alcohol. It is alleged that Leach Jr. broke into a residence causing damage to property in the process, and once inside the residence a physical altercation occurred. During the altercation, Leach Jr. allegedly placed his hands around the victim’s neck, obstructing the breathing of the victim, and he bit the victim, causing physical injury. The defendant was subsequently located by the Genesee County Sheriff’s Office and faces additional charges. He was arraigned in the Le Roy Town Court and jailed in lieu of $10,000 bail. Leach Jr. is to return to the Le Roy Town Court at a later date to answer to the charges.

Heather M. Coates, 32, of Myrtle Street, Le Roy, was arrested on Friday, Oct. 26, 2018, and charged with one count of hindering prosecution in the third degree and one count of endangering the welfare of a child, both Class A misdemeanors. On Oct. 25, the Le Roy Police Department assisted New York State Parole with attempting to locate Rob H. Hoag. New York State Parole received information that Hoag was allegedly at Coates’ residence and at the time there was a child under the age of 17 also present in the residence, in violation of Hoag’s parole conditions. Patrols responded to the residence and spoke with Coates, who allegedly made several statements to the patrols hindering their investigation to locate Hoag. During the investigation, Hoag allegedly jumped from a second-story window at the residence then fled from police on foot. The Le Roy Police Department was assisted by the New York State Police and DEC K9 Unit in an attempt to locate Hoag. To avoid capture, it is believed Hoag was picked up in a vehicle and then left the area. Hoag was not located on the date of the incident. Coates was arrested as a result of assisting Hoag from being located by the police as well allowing Hoag to be in the presence of a child under the age of 17. Hoag was located and taken into custody on Oct. 26 on parole violations. Hoag also has pending charges with the Le Roy Police Department as a result of the incident on Oct. 25. Coates was arraigned in the Le Roy Town Court and released under the supervision of Genesee Justice. Coates is to reappear in the Le Roy Town Court on Dec. 3.

Let's talk about French fries.

The lowly fry. Can you really kick it up a notch?

Cooking a gourmet fry is actually no secret. Any competent chef can do it. But it's a lot of work.

The new chef at Terry Hills, John Steward, is ready to do the work.

It's a four-day process that consists of blanching, drying, blanching again, more drying, freezing and then frying.

The result is a fry that has a veneer of crunch and a soft, fluffy center, like a perfectly cooked baked potato or a mouthful of savory clouds.

We told Steward we were going to write about his fries and that some people might find that odd. He agreed.

"People will be like 'oh, this guy doesn't know what he's talking about, talking about good French fries,' " Steward said. "A fry is a fry, you know. But at the same time, people feel like, 'oh, why is this fry so good? What's so different?' And that's what we need right now. We need people talking about Terry Hills. So many times I hear that people forget that Terry Hills is a restaurant."

A native of Rochester, Steward, is a new father, current resident of Le Roy and the former sous chef at Farmer's Creekside Tavern & Inn.

Terry Hills isn't his first head chef's job, but it may be his most important. It's a chance, he said, not only to take Terry Hills to the next level but also to better establish his name and provide his staff with the training necessary to help advance their careers. Those are his goals.

They're ambitious for a guy who a little over six years ago started in the restaurant business as a dishwasher and quickly moved through his first kitchen, entirely self taught, to be ready to run a kitchen himself a few years later -- La Luna, in Rochester.

"Yeah, I never went to a culinary college or school," Steward said. "Everything I've learned, I've learned on the job. I've done a lot of research on my own, watched a lot of shows, read a lot. When I first started, I would go to the public market and buy a bag full of potatoes and  sit in my apartment working on knife cuts."

Danielle Rotondo, VP, and co-owner of Terry Hills, said Steward was just what management was looking for -- young and ambitious and eager to take the dining experience for lunch, dinners, and banquets to the next level. He came out on top after three rounds of interviews and several reference checks.

"We want to grow; we want to do more; we want to show Batavia that we're not just a golf course," Rotondo said. "You know we have our golf course, our restaurant, our banquet facility, we have all of that here, and, yes, we want to show that there are some different things out here and there are different ways to do it. Yes, it's Batavia, but we can also go on the edge a little bit and try something else."

To show off how Terry Hills will take it to the next level, a couple of weeks ago the restaurant hosted a chef's menu night for a few dozens guests both to introduce some new dishes and as a kind of soft opening on how things are changing.

It was at that chef's menu night that we tried those crisp, fluffy fries. But Steward also introduced diners to his gnocchi carbonara, like everything that night, made from scratch, consisting of hand-rolled, house-made ricotta in a rich and thick carbonara sauce with diced ham and peas.

Steward also served a dry-aged strip steak, a pan-seared salmon, chicken roulade, to go along with a wedge salad, a Caesar salad, and a grain medley.

Many of these dishes -- particularly, say, the fries and the gnocchi -- take substantial prep time but Steward said there's no reason he and his line staff aren't up to the demands of the extra effort.

"As you're organized, you always have lists going; then it should be executable," Steward said. "There's no reason why it shouldn't be executable."

Steward said what makes a good dining experience is fresh ingredients, scratch cooking, and service. It's his job to oversee all aspects of a guest's experience at Terry Hills now, and he plans to pay attention to those details.

"Even if I go to a diner, or if I go to a finer place, you can see if the food is taken care of, if people care about quality," Steward said. "I think that is what makes a good meal -- making sure you use fresh ingredients, you use the proper techniques, execute the proper techniques. Your execution is what makes a good meal."

He said he expects the care of the kitchen staff to be carried out into the dining room by the servers.

"Nothing frustrates me more when I go to a place, and I ask a server a question about the menu, and the server is like, 'I don't know,' Steward said. "You should, you should. To me, I feel like it's your job to know the menu to know what the chef is trying to cook.

"There's going to be time and money invested to ensure our staff is trained properly."

The one thing Steward didn't change for the night was Terry Hill's famous seafood bisque.

"The only thing I might change is the garnish and change the saltines to oyster crackers," Steward said. "I think a seafood bisque should have oyster crackers."

While upgrading the sit-down lunch and dinner menus for Terry Hills is high on the agenda, Steward said he also plans to revamp the banquet service.

"I'm not knocking the former chefs here, but some of these recipes are outdated," Steward said, "by like 25 years."

That doesn't necessarily mean there will be big changes in menu choices. He already considers Terry Hills the premier banquet facility in Batavia. He thinks a few changes to how things are done will make it even better.

"I understand that like I can completely get everything off the menu," Steward said. "But, again, some of the techniques we're using here again are outdated. No one uses them anymore so. Therefore, we need to update our techniques to make a better product. The quality of the product will improve but still essentially be the same, they will have the same ingredients, but it's just going to be a better product overall because it's done better."

Steward said the chef's that inspire him include: Massimo Bottura, owner of Osteria Francescana in Italy, now ranked the #1 restaurant in the world (Bottura was the subject of the first episode of Chef's Table on Netflix); Thomas Keller, a chef and restauranteur in California; and, Wylie Dufresne, a chef in Manhattan.

"I pride myself working hard, putting in the hours," Steward said. "I think anyone who does that is going to do well in any field."

Steward thinks he can take what he's learned on his own and use that knowledge to help make his line cooks better. He would like to be known as a chef who helps his staff advance their careers.

"I really want to make really good food," Steward said. "In that process, I want to teach the guys that are here, too. As I said from day one, my goal is for you guys, whenever your time is up here, is to walk into any kitchen (and) be the best cook that walks in that kitchen because you've got trained by me."

Brendan David Curry, 38, of Batavia Elba Townline Road, Batavia, is charged with: DWI with a previous conviction within the last 10 years; refusal to take a breath test; operator leaving the scene of a property damage accident; moving from lane unsafely; and second-degree burglary -- illegal entry of a dwelling. Batavia police were called to an address on Ellicott Street for a burglary in progress at 12:08 a.m. on Oct. 24. They were advised that Curry had fled the scene in a vehicle and had also struck a guard rail. NYS Police located Curry and his vehicle at the intersection of Webster Avenue and Howard Street. Batavia Police Officer Nicole McGinnis interviewed Curry and allegedly found him to be intoxicated and he was arrested. Batavia Police Officer Felicia DeGroot investigated the burglary and arrested him on the charge of second-degree burglary. He was arraigned in Batavia City Court and bail was set at $5,000 cash or $10,000 bond for the DWI; he was released on his own recognizance on the burglary charge. He was to return to city court the same day, Oct. 24. Batavia Police officers McGinnis and DeGroot handled this case.

A 17-year-old who lives on Oak Street in Batavia is charged with second-degree harassment -- physical contact. The defendant was arrested following a report that the defendant punched and pushed a juvenile near Dwyer Stadium at 7:40 a.m. on Oct. 17. The defendant was issued an appearance ticket and is due in Batavia City Court on Nov. 13. Then on Oct. 28, the same teenager and a codefendant, no age given, were arrested and charged with disorderly conduct and fighting in public. They allegedly entered the scene of a car accident at 2:13 p.m. on Oct. 28 on West Main Street, Batavia, while it was actively being investigated by police and engaged in a violent public fight. Neither defendant was connected to the accident in any way. They were processed and released on appearance tickets and are due in city court on Nov. 13. Both cases were handled by Batavia Police Officer Jason Ivison.

Lindsay JR Goins Jr., 62, of State Street, Batavia, is charged with second-degree harassment -- physical contact. He was arrested Oct. 24 for an incident that occurred at 4:46 p.m. on Oct. 23 on State Street during which he allegedly had physical contact with another person. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Annie G. Stanley, 65, of State Street, Batavia, is charged with second-degree harassment -- physical contact. She was arrested Oct. 24 for an incident that occurred at 4:46 p.m. on Oct. 23 on State Street during which she allegedly had physical contact with another person. She was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Raymond Charles Cook, 48, of Jackson Street, Batavia, is charged with: DWI -- first offense; operating a motor vehicle while having a BAC of .08 percent or more; third-degree aggravated unlicensed operator; failure to use designated lane; and driving left of pavement markings. At 12:41 a.m. while on patrol, Batavia Police Officer Nicole McGinnis observed a vehicle traveling westbound on Main Street in Batavia committing numerous traffic infractions. After a roadside investigation, Cook was arrested. He was release on appearance tickets and is due in city court on Oct. 31. Batavia Police Officer Christopher Lindsay assisted Officer McGinnis with the case.

Jordan Edenholm, 30, of Gabbey Road, Pembroke, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; speeding; and making an improper left turn. He was arrested following a traffic stop on Route 63 in Batavia at 11:35 p.m. on Oct. 27. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Andrew Mullen.

Brandon Michael Burgess, 31, of Maltby Road, Oakfield, is charged with: DWI; DWI with a BAC of .08 percent or more; inadequate exhaust; and following too closely. Following a traffic stop on Lewiston Road in Batavia at 8 p.m. on Oct. 26, Burgess was arrested on these charges. He is due in Town of Batavia Court on Nov. 15. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy James Stack.

Kimberly A. Showler, 53, of Ellicott Street, Batavia, is charged with petit larceny. She was arrested after it was discovered she was allegedly shoplifting at Tops Friendly Market in Batavia at 4:35 p.m. on Oct. 22. She is due in city court on Oct. 30. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Thomas Allan Torrens Jr., 23, of Overlook Drive, Batavia, is charged with unlawful possession of marijuana and speeding. On Oct. 28 following a traffic stop at 10:23 p.m. on Main Street Road in Batavia, Torrens was arrrested on these charges. He was issued an appearance ticket and is due in Town of Batavia Court on Nov. 12. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Brandon C. Smart, 41, of North Pembroke Road, Batavia, was arrested Oct. 26 on a Batavia City Court warrant for failure to appear on unnecessary noise charges he incurred on March 21 on Central Avenue in Batavia. The case was handled by Batavia Police Offier Stephen Quider, assisted by Jason Davis.

Daniel E. King is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that the convicted sex offender moved to 2058 Phelps Road in the Town of Basom on Jan. 24 and failed to register his change of address with the NYS Division of Criminal Justice Services within 10 calendar days as required.

Candido Candelaria III is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Aug. 16 in the Town of Le Roy that Candelaria drove a 2005 Chevrolet Equinox on Route 33 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In count three, it is alleged that the defendant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that he was under the influence of alcohol or a drug at the time. In Special information filed by the District Attorney, Candelaria is accused of having been convicted for DWI, per se, on Jan. 9, 2017 in Town of Ridgeway Court, Orleans County. The conviction forms the basis for count three of the current indictment.

Benjamin J. Marien is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 15 in the Town of Darien that Marien drove a 2008 Chevrolet Silverado on Chick Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time. In Special Information filed by the District Attorney, Marien is accused of having been convicted of DWI as a misdemeanor on Oct. 12, 2016, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

      Quinton Spinks
      (2010 photo)

A former Batavia resident who was arrested on drug dealing charges in August of 2017 will be allowed to miss his County Court date for sentencing because it will conflict with federal prosecution he's facing in Maine.

Until recently, local authorities were unsure where Quintin L. Spinks, 34, had gone. He was located in a federal detention facility in Maine where he faces an indictment involving other individual accused of dealing drugs and trafficking in weapons.

Spinks, in the federal indictment, is named in only count one of the indictments, for conspiracy to distribute a mixture of heroin and cocaine.

Attorney Thomas Burns told Judge Charles Zambito in County Court today, where Spinks appeared, escorted by state corrections officers, that his client sought a delay in sentencing for "strategic" reasons related to his pending federal case and a pending case in Monroe County.

While the delay might help his other cases, it may mean he can't make it back for his sentencing once those cases are resolved, so today he waived his appearance for his eventual sentencing. He will allow Burns to accept a sentencing on his behalf.  

How the delay might help Spinks with his federal case was not discussed in open court.

Under a plea agreement, he can expect a prison term of under two years but there is no cap on his post-release supervision. He will also be required to pay the standard fines and make a $200 restitution to the county before he is sentenced.

He was arrested by the Local Drug Task Force on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

He was arrested by federal authorities in Maine in June. His co-defendants are Rashaad McKinney, Deondray Warren, Sharoz Haywood, and Demario Boler. All face drug charges but McKinney and Warren also face federal weapons charges for making straw purchases of firearms -- buying guns using a fake name.

No date was sent for Spinks to be sentenced.

Photo of two additional dogs that Welch had. Both are at the county animal shelter.

Suspected puppy abuser Brandon Welch made his first court appearance yesterday afternoon since his arrest Oct. 18.

The 23-year-old, who lives in an apartment on East Main Street in the city, was granted bail at his preliminary hearing.

It was requested by his private counsel, Frank Ciardi, on the misdemeanor charges of falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

Ciardi, whose criminal defense practice is based in Rochester, advocated his client's suitability for bail by noting that Welch has no criminal history, he's lived here two years and was employed in Churchville at the time of his arrest.

To Ciardi's right stood his diminutive client, silent and stoop shouldered; shackled and wearing orange jail uniform, with his head nearly shorn bald and his brown beard neatly trimmed.

City Court Judge Robert Balbick set Welch's bail at $5,000 cash or $10,000 bond, which was not opposed by First Assistant District Attorney Melissa Cianfrini.

The question of bail for the Class D felony charge of making a terroristic threat was deemed null and void after two witnesses could not get here in time to testify. The charge was brought after investigators learned that the defendant allegedly said he would shoot the next cop who came to his home.

Two female witnesses were to be served with orders of protection from Welch, subpoenaed and brought from the "other side of the state" to Batavia to testify about the threat they allege Welch made against law enforcement. That failed to happen by 11:30 a.m. yesterday.

As of the day before -- Tuesday afternoon -- Welch's case was docketed for 1:30 p.m. Wednesday. Yet the pair of witnesses was apparently scheduled to give statements earlier -- in the morning -- and the deadline could not be met.

The first district attorney said not only were orders of protection requested, and subpeonas sought, but the people requested all of Welch's firearms to be turned over; she was concerned that only two of three known weapons were recovered in Welch's apartment by law enforcement after they got a search warrant.

Judge Balbick said there was no order on file concerning the firearms.

Cianfrini said she had supporting depositions showing that the defense was asked to turn over all weapons and ammunition.

"He freely handed over the weapons he had there," replied Ciardi.

But a third weapon, a rifle which Cianfrini referred to as a "30-'ott'-6" -- which is a caliber, a size of cartridge (.30-06) that is used in various kinds of weapons and is powerful enough to take down a moose -- was not recovered.

The rifle and ammo were missing and a rifle case was "found empty," she said, adding that this made the people uncomfortable because Welch had been seen in possession of the rifle.

Ciardi then asked: "Why would he turn over two weapons and not all three?"

He added that if Welch is released -- he makes bail -- he will advise him to turn over all weapons.

To ensure their costs are covered, a security bond application was filed with the Genesee County Sheriff's Office by Animal Control to recoup costs to shelter, feed and care for Welch's pets.

An emaciated 9.2-pound pit bull mix pup now known as "Opal" was brought to Batavia Police after it was found in Stafford Oct. 4. A tipster later led police to Welch. 

Three other animals in his care were subsequently seized from Welch's home: a bearded dragon lizard, which, like Opal, is now in foster care; and two other mixed breed dogs, which Welch told Judge Balbick are part boxer and part German shephard, respectively. The canines appear healthy, albeit lean, and are at the shelter. They have an eager-to-please, energetic disposition.

Under Article 26 of the state Agriculture and Markets Law, the shelter is eligible to be reimbursed at a rate of $10 per animal per day for any seized animal in its custody, plus vet bills. Vet bills in Welch's case to date stand at $837.38 and counting.

The bond application sought was for more than $4,500, according to Animal Control.

Because Welch forfeited ownership of all four creatures, repayment for costs incurred and vet bills will not be sought and the security bond application was vacated.

Welch's next city court date is 1:30 p.m. on Tuesday, Oct. 30, for discovery on the misdemeanor counts and pre-trial motions.

Inset photo above right: This is an example of the kind of lizard -- a bearded dragon lizard -- Welch kept before relinquishing ownership Wednesday. It is not a picture of the one that belonged to Welch.

Ronnie L. Calloway, 24, of Hutchins Place, Batavia, is charged with third-degree assault. He was arrested on Oct. 23 after city police responded to 22 Hutchins Place. He was jailed on $2,500 bail and was due in Batavia City Court this morning (Oct. 25). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Renee L. Sweet, 36, of Prestige Crossing, Batavia, and Danielle E. Winter, 29, of Park Street, Alden, were arrested at 1:58 p.m. on Oct. 20 on East Main Street in Batavia and charged with disorderly conduct. They were allegedly observed by two Batavia Police officers engaging in a physical altercation outside. They are due in Batavia City Court on Oct. 30. Sweet's case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Arick Perkins. Winter's case was handled by Officer Perkins, assisted by Officer Cowen.

Thomas Allen Griffin, 31, of Ellicott Place, Batavia, is charged with second-degree criminal contempt. He was arrested Oct. 22 after allegedly violating a stay-away order of protection at 12:06 p.m. on Oct. 20 by being at the residence of the protected party. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Christopher Lindsay.

Katty Lee Jackson, 22, of East Main Street, Batavia, was arrested on a warrant for failing to appear in court on a ticket for criminal trespass. She was arraigned, then released on her own recognizance and is due in Batavia City Court on Nov. 8. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Felicia DeGroot.

Harry R. Silliman, 54, homeless, is charged with second-degree criminal contempt for an alleged violation of a court order. At 4:57 p.m. on Oct. 19, Silliman was arrested for allegedly violating an order of protection. He was arraigned in Batavia City Court and jailed in lieu of $1,000 bail. He was due back in court on Oct. 22. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Chad Richards.

If you take Nate McMurray at his word, he often sounds a lot more like a conservative, or even a populist, than the progressive he sometimes claims to be.

He says, for example, that he's a capitalist. He believes in an American work ethic. He worries about deficit spending. He's concerned about any increase in middle-class taxes. He decries over-regulation of business. He's a gun owner who says a homeowner has a right to use a firearm to defend himself and his household. He lists Ronald Reagan as one of his childhood heroes.

On the populist side, he says Donald Trump is right about some things -- he's right about unfair trade deals and he's right that much of America has been hurt by recent economic policies and that the system has become fundamentally unfair to working Americans.

If McMurray goes to Washington, he promises to be his own man. He won't be beholden to Nancy Pelosi and he won't owe anything to any special interests.

"I am not controlled by anybody, especially not Nancy Pelosi," McMurray said Monday night during a meeting with about 50 undecided voters at Noblehurst Farms in Pavilion. "I have no relationship with her whatsoever. ... I don’t know anything about Nancy Pelosi. I’m going to go (to Washington) and I’m going to be an independent voice. If Nancy Pelosi is right about something, I’m going to say that’s right. If she’s wrong, I’m going to say that’s wrong."

Rise from underdog to legitimate challenger

When Nate McMurray announced his intention to run for Congress in New York's 27th District, he wasn't even the favorite among the five others expected to vie for the seat. Once he emerged after a few weeks as the lone Democrat still interested in running, Gov. Andrew Cuomo tried putting pressure on Lt. Gov. Kathy Hochul to drop her bid for reelection and run against Rep. Chris Collins, whom she lost to in 2012. Hochul refused to switch races and has since endorsed McMurray.

Early on, McMurray adopted the hashtag on social media "#NateWillWin" but remained at best a long shot as July dragged into August. Even though ethics questions hung on Collins like bright red lights on a Christmas tree, the GOP said Collins was their man. His credentials included a first-in-Congress endorsement of Donald J. Trump in 2016 and a $1.4 million war chest. Loyalty to Trump in the 27th runs deep (the president's approval rating is 62 percent, twenty points higher than the rest of the nation) and Collins has never wavered from his support for the sometimes embattled president.

The incumbent seemed invincible.

That all changed when the multimillionaire businessman was arrested Aug. 8 and charged with securities fraud, wire fraud, and lying to the FBI, in connection with a series of stock trades his son Cameron and others made in June 2017 after Collins learned that a critical drug trial had failed for Innate Therapeutics.

Collins is accused of illegally providing confidential information about the drug trial's failure to his son during a phone call Collins placed from the lawn of the White House.

Since then, Collins has said he was running for reelection, then not running for reelection, and then was back in the race. In the intervening weeks, he has largely avoided the public and reporters while dumping campaign funds into TV commercials that portray McMurray as a Pelosi-backed extremist out to destroy the presidency, destroy the economy, and take away your guns.

None of that is true, McMurray told the crowd at Monday night's meeting.

"Every independent news outlet that has looked into these things is saying the advertisements are false," McMurray said. "The fliers are false. The advertisements are false. If the stuff (Collins) is saying is so true, he would have the guts to stand on stage and say it to my face."

McMurray has worked hard. The criminal charges have hurt Collins. While Trump supporters are steadfastly behind their man, other members of the GOP are expressing doubt and the race has tipped from a sure thing for Collins to a toss-up, according to a recent Siena poll.

Contrasting backgrounds, different messages

McMurray, a barrel-chested, 6'3" former high school bodybuilder,  makes much of his working-class background, both to burnish his populist image (though he said he never thought of himself as a populist until asked about it) and to contrast his upbringing to that of Collins.

McMurray was born in Tonawanda. His father was a proud union member, a painter, and McMurray said the chemicals in the paint at the time were more dangerous. His father died of cancer at age 39, leaving his 35-year-old wife to raise McMurray and his six siblings on her own.

He said finances were a struggle. He worked his way through Erie County Community College. He studied hard and became a Fulbright Scholar and earned his law degree and passed the bar. He's been a corporate attorney most of his adult life, most recently with Delaware North in Buffalo. He is currently the supervisor in the Town of Grand Island.

Collins, in McMurray's narrative, grew up in privilege. Where McMurray is a working-class Western New Yorker, Collins is the son of a well-to-do business executive, able to attend a four-year university in North Carolina. Where McMurray made his own way, Collins benefitted from his family's wealth. Where McMurray played by the rules, Collins thinks the rules don't apply to him.

"If we win this seat, we don’t just win for Western New York," McMurray said Monday night. "We send a message to this entire country that a guy who started at a community college, who worked every day, worked his way through law school, is able to beat maybe the richest and perhaps the most corrupt man in Congress."

McMurray also thinks his background and his attitudes, especially his full-throated support for capitalism and his support of Second Amendment rights, puts him in conflict with the mainstream of the contemporary Democratic Party.

"I do not want to run to impeach President Trump," McMurray said during an interview with The Batavian early this month at WBTA's studio. "I don't support the SAFE Act. I mean there are things about me that most Democrats when they hear me, they cringe. The reason why I'm a Democrat however is I think we need some fairness in our society.

"I think some things got out of whack. I think we need to fight for working people again. I want to restore the Democratic Party -- not of Nancy Pelosi, but the Democratic Party of my dad, who wore a union jacket with pride and believed in labor and believed in working families, and that's who I am and that's what I'm fighting for."

In our interview, we talked about issues and policy. McMurray said it was the first time a reporter had sat down and talked to him in depth about what he really believes and not just the horse race angle of a political campaign.

The economy & trade, capitalism vs. socialism

We spent most of the time talking about economics: the nature of capitalism, the threat of socialism, and Trump's trade policies.

"I want to save capitalism from where we are," McMurray said. "I think capitalism is in danger. I think we're moving towards oligarchy. I think we're moving toward a society where a few people have all the power and control the democracy and control the vote and control the propaganda that we see every day about who to vote for.

"I can see that in my own race. We have potlucks and picnics where it is very successful it seems but unless you're going into that corporate till and getting those $50,000 dollar checks, it's almost impossible to compete."

McMurray defends capitalism from a populist viewpoint.

"Right now, those rules are dominated by a clique of corporations and powerful elites," McMurray said. "It makes sense. Think about it. Why would a major corporation hire lawyers? I'm one of those lawyers they've hired in the past. Why would they hire lobbyists to shape and manipulate laws to their benefit?

"Everything from labor standards to environmental laws to everything else. They're passing the risks on to us. A congressperson is supposed to be in there making sure those laws are also fair to help people who don't have that power, not the lobbyists. We're supposed to be an advocate for regular people."

Big Pharma, economic elites and the forgotten

It's the crony capitalist controlling the system, McMurray said. The problem is perhaps most acute, in his view, in the pharmaceutical industry.

"We have to shorten (drug patents)," McMurray said. "They're almost indefinite right now so they can rake everybody over the coals. That's why we got people in Batavia driving to Canada to get medicine because we pay more than any (other country). So that's what I'm talking about. They say why aren't you a capitalist? Yeah, I'm capitalist but we have to have a capitalistic system that makes sure all stakeholders are considered and not just ones with the money to buy lawyers they can make the laws for them."

It's this sort of populist resentment of the economic elite setting the rules to benefit themselves that fires up Donald Trump's base, McMurray said, and they're right.

At 43, married for 20 years, with two sons, Moses, 10, and Luke, 7, McMurray says he wants to represent the working families of Western New York, not corporate interests. 

"I also believe that the message of President Trump is a strong message," McMurray said. "People have been forgotten in this country. Now I don't agree with his answers but I agree with that message. I believe that we have to remember there's a forgotten America. We can see that in the 27th District. Look at our population decline. Look at how things have gone downhill for so many people. We need someone to advocate for them.

"We know who is advocating for the big corporations," McMurray added. "I'm not taking any corporate money. I've denied corporate money. Look at my background as a business person. That money is accessible to me and it's been painful. It's tested my values not to take that money but we're doing everything to try to run this the way the Founding Fathers intended, from a grassroots perspective."

Trade creates opportunities for Americans

On one hand, McMurray says he shares Trump's views that the United States has gotten itself trapped in unfair trade deals based on naive and utopian views of the world. On the other, when pressed, he acknowledges NAFTA has benefitted the United States and that KORUS (the free-trade agreement with South Korea) has opened up a new market for U.S. companies (in one of his corporate jobs, McMurray helped U.S. companies find customers in South Korea, helping to create jobs in the United States, which is the exact opposite of what Collins claims in one of his campaign commercials).

The United States needs trade, McMurray said, to create opportunities for America's farmers and manufacturers.

"The biggest populations are in Asia," McMurray said. "They're in India and China. Those are growing economies where people are hungry for new items. Listen, I'm someone who has been over there for awhile. They would kill for our Fords or a nice big truck. Many Chinese guys would love to drive a brand new F-150.

"We've got to make sure they have access to it. You know many people in China would love clean milk from Batavia or clean yogurt from Batavia. To put up a wall and say we're not going to sell to these people, that's lunacy."

Again, while saying he agrees with Trump on trade, he opposes tariffs. It's hard, after all, to call yourself a capitalist and support tariffs.

"I think tariffs are bad," McMurray said. "I think that it depends on the situation. I mean a tariff is a tax, essentially. It's a tax on whatever business is being poked. Right now it's a tax on soybean farmers. (It's a tax on consumers, The Batavian interjects) Yes, it's a tax. I mean they call it a tariff but a tariff is a tax. Go back and look at our history. Go back to the Boston Tea Party. A tariff is a tax. So in principle, I'm against it."

Regarding McMurray's economic populism, in our interview, we raised the issue that much of the resentment expressed by many Americans about their economic status is driven by political rhetoric. The left in particular, for a decade or more, has decried wage inequality and wage stagnation. The message has stuck even though it doesn't fully account for how every American at every level of society is actually better off than 10, 20, even 30 years ago.

Some inequality is needed to power the American Dream. It's what drives entrepreneurs to create new things and new jobs. Complaints about wage stagnation ignore the fact that overall compensation has continued to rise, driven mainly by employers paying ever-increasing health care costs (costs that eat up potential raises), and that consumer purchasing power has increased decade by decade (see this chart from humanprogress.org).

McMurray replied that he worries that the sense of resentment people feel when the boss makes so much more than they do is an overall threat to the survival of capitalism. That perception, whether based on reality or not, needs to be addressed, he said.

"There is definitely some truth that capitalism over time is consistently (better)," McMurray said. "This is why I'm a capitalist. It consistently improves the lives of people. It consistently does so. I think if you're making the long-term argument things have gotten better over time for a lot of people. It certainly has, but I think there's also the truth that on the top what they have is getting larger and larger. And I think that's a threat to the overall system."

In 2018, McMurray finds himself in a Democratic Party that is unlike the Democratic Party of his father. The socialists are surging. Bernie Sanders remains popular and a possible  2020 presidential contender. In New York, Alexandria Ocasio-Cortez, a congressional candidate, Julia Salazar, a State Senate candidate, are avowed socialists Ten more self-identified socialists across the nation have won state house races, while more than 50 percent of Democrats polled say they've lost faith in capitalism. The Democratic Socialists of American, whose adherents include Ocasio-Cortez and Salazar, now has more than 50,000 members, up from 7,000 less than two years ago.

Given a chance to talk to socialists in his midst, McMurray says he would tell them how misguided they are in their support of socialism, which has cost countless millions their lives over the past 100 years and has led to economic ruin everywhere it's been tried. He said the idea that capitalism is inherently evil is extremely dangerous.

"(To) the people who want to embrace socialism, I would ask them to look at our history and see the failures of the last 100 years in the world and the many, many people who died from these experiments," McMurray said. "You have to be very cautious about trying to use these social experiments to fix all the -- there's no magic wand to fix all the world's problems. Human beings, there are many challenges to human life. There are things we can do better, but I would ask them to remember how great our success as a country has been for the last hundred years."

Opposes 'unwinnable wars'

On foreign policy, Donald Trump campaigned as a non-interventionist. He's governed like a neo-conservative. If elected, McMurray said he would oppose unwinnable wars.

"Well, obviously, we don't we don't use U.S. troops unless we're sure about what we're doing and we have a clear goal," McMurray said. "I would never send my children to war, to death, to violence without having a clear goal and a clear understanding what we're trying to achieve. I think what we are not the world's police. I think that's a mistake. "

If elected, McMurray said it will not be his goal to impeach Donald Trump but he does think Congress needs to reassert its rightful place in our system of checks and balances and reclaim some of its power from the executive branch, though he pivoted in his answer to a state issue, the SAFE Act, to illustrate how unchecked power causes people to distrust government.

"We're creeping towards the unintentional destruction of our of our separation of powers system," McMurray said. "I think the way the executive order has been used by past presidents, like President Obama, has been gratuitous and wrong. I think the way we force -- listen, when people feel they're forced to do something or it's not done through the proper process or system they get angry. They get apathetic. That's why people hate the SAFE Act, more than anything else, because they feel it was forced upon them in an undemocratic way. They are angry about that. I agree with that. They should be angry about it."

Guns and the Second Amendment

On guns, McMurray supports the Second Amendment, though he won't side, he said, with the absolutists on the left or the right of the issue.

"I believe the extreme positions on both sides are wrong," McMurray said. "I believe in universal background checks. We have to look at certain weapons and who gets to hold them and how they get to hold them but I can promise you, I will not take action without listening to the 2A groups that oppose me now. I will talk to these guys. I will listen to them because there are a lot of experts. I am amazed at the amount of detail and research that has been done on this issue and I believe in the Second Amendment."

The gun issue in this campaign came up in a unique way a couple of weeks ago when Grand Island Republican Councilman Michael Madigan complained to local media that McMurray threatened him. He produced a recording where McMurray said, “I think you’re sick. I think you really are. I have a gun. Don’t come to my house.”

Rather than defend McMurray's Second Amendment rights, the Collins campaign used it as an opportunity to attack him, according to a statement released to the Buffalo News.

“This obnoxious and borderline violent behavior displayed by Nate McMurray is nothing out of the ordinary,” said Collins campaign spokeswoman Natalie Baldassarre. “Whether it be his off-putting comments on social media or his unprofessional conduct during town meetings, it’s clear Nate needs to learn how to keep his emotions in check. This audio is deeply disturbing and further shows Nate is unhinged.”

After Monday night's event, McMurray defended his reminder to Madigan that he owned a gun. The right to defend yourself, your family, and your home is a fundamental right most NY-27 residents support, he said. He's surprised the Collins campaign would attack him over it.

"This is a guy (Madigan) who digs through my garbage and hides in the bushes," McMurray said. "I told him, you come near my house again, I’m going to defend my family. I would say it 100 times. It’s the way I believe."

The NRA has given McMurray an F rating. On Twitter yesterday, McMurray complained that the NRA has no voting record on which to judge him and didn't even bother to ask him a single question about gun rights.

He called the NRA "corporate hacks."

The attack on his position on guns by Collins, he said, is just another way Collins lies about him.

"Some people on the other side (the left) say I’m way too pro-gun, so I think I’m OK," McMurray said. "I want reasonable steps like universal background checks but I would never do anything to take away the Second Amendment."

New York voters have been disappointed a couple of times by Democrats who campaigned with conservative and populist themes only to transform into standard-issue progressive Democrats once they obtained statewide office (Kathy Hochul, Kirsten Gillibrand), so you will have to decide for yourself whether to take McMurray at his word when he espouses conservative values.  

For McMurray's part, he says he wouldn't be where he is, living in Grand Island, serving as town supervisor, if he wasn't at least a little red.

"We have a very red town and we're proud of that," McMurray said. "We're proud of what that means. We believe in conservatism from a traditional perspective, which means you hold onto your traditions and your values and you hold them as important because they're valuable to you. They define who you are as a community. In that sense, I would call myself also a conservative.

"I mean, again, I grew up as an Eagle Scout. I grew up in a very very Christian household. I grew up reading very conservative authors. I grew up respecting and loving Ronald Reagan, like any kid in the '80s. That's who I am and I think we need to get away from this paradigm of Republicans versus Democrats. First and foremost we're Americans and Americans do not want to be taken advantage of by people like Mr. Collins."

A 23-year-old City of Batavia man suspected of starving and neglecting a puppy found by a Good Samaritan in Stafford on Oct. 4 has been arrested.

Brandon Joseph Welch was arrested in the afternoon on Oct. 18 at his residence, 679 E. Main St., apt. 4H, and jailed without bail for allegedly making a terroristic threat to police, among other charges.

Batavia police executed a search warrant at his apartment in connection with the animal abuse case of a pup Volunteers for Animals at the shelter dubbed "Opal." That animal is now in foster care.

According to Batavia Police Det. Eric Hill, police got the warrant after receiving a tip from a witness.

Welch initially told police that he had found the puppy, a fawn-and-white colored female weighing only 9.2 pounds when rescued. The dog was not able to stand on its own and was covered in urine and feces, and was severely dehydrated and malnourished.

The police investigation determined Welch was "supposed to be caring for the dog," Hill said.

Welch said "he was going to shoot the next police officer who came to his apartment," Hill said, and police recovered firearms in Welch's possession.

Welch is charged with making a terroristic threat, which is a Class D felony, as well as falsely reporting an incident in the third degree (for claiming he found the animal); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

He was arraigned the same afternoon, last Thursday, and is due in Batavia City Court tomorrow, at 1:30 p.m. on Wednesday, Oct. 24.

The case was investigated by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Opal, meanwhile, is looking like a different creature since she's been in foster care and received veterinary care and some decent nutrition. The pictures below -- sitting up smart and standing up strong on all fours, -- were sent to us yesterday by Volunteers for Animals. (Love those ears! Note the wagging tail!)