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Collins mum on substance of insider trading charges, refuses to take questions at press conference

By Howard B. Owens

With barely a mention of the insider-trader charges he is facing, Rep. Chris Collins held what was billed as a press conference at the Embassy Suites in Buffalo on Wednesday evening and vowed to fight vigorously to clear his name.

He called the charges -- detailed at length earlier Wednesday in a 22-page Securities and Exchange Commission civil complaint -- "meritless" but offered no details on why he believes he has been unfairly charged.

With his wife, Mary Sue, standing placidly by his side, Collins held forth for nearly seven minutes on: his successes in business; his record as Erie County executive; his belief in the company at the heart of the insider trading allegations -- Innate Immunotherapeutics Ltd.; and his hope of finding a treatment for secondary progressive multiple sclerosis.

"I believe I acted properly and within the law at all times with regard to my affiliation with Innate throughout my tenure in Congress," Collins said. "I have followed all rules and all ethical guidelines when it comes to my personal investments including those with Innate. 

"I look forward," he added later, "to being fully vindicated and exonerated, ending any and all questions relating to my affiliation with Innate." 

After vowing that his name will be on the ballot for the NY-27 election in November, Collins walked off stage and refused to acknowledge reporters' questions.

The man prosecuting Collins, Geoffrey Berman, U.S. Attorney for the Southern District of New York, a Trump appointee, was far more detailed in a press conference in New York City earlier in the day. Berman and other federal law enforcement officials talked for nearly 30 minutes about the scheme they allege Collins enabled by his failure to keep confidential information he was legally and ethically bound to not share with anyone, not even his son.

According to Berman, however, as soon as Collins received the devastating news that a clinical trial for a promising MS drug developed by Innate had failed, Collins -- while attending a Friday afternoon Congressional picnic at the White House -- repeatedly attempted to call his son, Cameron Collins, a major shareholder of Innate stock. When he finally reached him -- while Collins was still pacing on the lawn of the White House -- father and son spoke by phone for six minutes.

That unleashed, Berman said, a frenzied four days of insider trading as the "tip tree" allegedly headed by Collins, got to work passing on info and dumping stock as soon as each member of the tip tree found out about the failed trial. Cameron managed to unload more than $570,900 in Innate stock that would become nearly worthless once the results of the trial were finally released the night of June 26, a Monday, by Innate.

"Congressman Collins couldn't keep his crime a secret forever," Berman said. "The FBI asked to interview him. And instead of telling the truth, he lied. And so did Cameron Collins and so did Stephen Zarksy. By lying to the FBI, they compounded their insider-trading crime with the crime of criminal cover-up."

The tip tree allegedly involved Cameron's girlfriend, a CPA, her father, her mother, along with other friends and family members.

Cameron Collins' girlfriend, Lauren Zarsky, and her mother, Dorothy Zarsky, have already settled with the SEC, admitting to their role in the insider-trading scheme and promising to pay back their "ill-gotten gains." Lauren Zarsky will also be prohibited from working as a CPA before the commission for five years.

"Accountants who engage in illegal insider trading should not serve in the role of gatekeeper in our securities markets," said Stephanie Avakian, co-director of the SEC.

The investigation into the alleged tipping tree began, according to Steven Peikin, head of the enforcement division of the SEC, after regulators noticed the unusual trading pattern of Cameron Collins.

According to the civil complaint, Cameron Collins, who at one time owned 5.2 million shares of Innate stock, initiated dozens of trades in increments small enough to avoid depressing the stock price but at high enough volumes that he could quickly unload all of the Innate stock he held in a U.S. brokerage. 

"When members of the market abuse unit, a specialized group within the division of enforcement, uncovered suspicious trading by Cameron Collins they did not stop there," Peikin said. "As you heard, they identified well-timed trades by people close to him including his girlfriend, her mother, her father and her father's relative and a friend."

According to Peikin, numerous investigators with the SEC, the FBI and the U.S. Attorney's office worked on the case tirelessly for months, compiling a growing body of evidence that led them to Chris Collins, his son, the Zarsky family and their friends.

"(They) developed a thorough and compelling evidentiary record," Peikin said. "That record, which is summarized in the complaints, consists of e-mails and text messages, cell phone records, trading data, communications, including recorded calls with brokerage firms, IP log-on information and other (information). It reflects frantic efforts by tippers to convey inside information and traders to sell their shares before the company's negative news announcement."

Attorneys for Chris Collins tried to make the case Wednesday that Collins is not guilty of insider trading because he did not sell any of his own stock in the company. During his time on the dais at Embassy Suites on Wednesday evening, talking in front of about 30 reporters, Collins echoed the sentiment.

"When it became clear that the drug I and others believed in fell short of our hopes and expectations, I held on to my shares rather than sell them as a result," Collins said.

It's not part of the allegation against Collins that he engaged insider trading by selling stock, however. The allegation is that he initiated a tip tree that caused others to sell based on information he was duty-bound to keep confidential.

"Congressman Collins had an obligation and a legal duty to keep that information secret until that information was released by the company to the public," Berman said. "But he didn't keep it secret. Instead, as alleged, he decided to commit a crime. He placed his family and friends above the public good. Congressman Collins was a major investor in Innate and so was his son, Cameron. The congressman knew he couldn't sell his own shares for personal and technical reasons, including that he was already under investigation regarding Innate by the Congressional Ethics Office."

At the time Chris Collins was informed by the Innate CEO via an email that the clinical trials had failed, all of the stock held by Collins was tied up in an Australian brokerage. In May of 2017, Collins attempted to transfer his stock holdings to a U.S. brokerage, according to the civil complaint, but a mistake in the form delayed the transfer. Cameron Collins completed his own transfer between countries in early June. Once Innate knew it would be making a material announcement about the company, under Australian securities rules, trading of the stock was suspended. That rule didn't apply to the stock held by Cameron Collins once it was transferred to a U.S. brokerage or the other alleged members of the tip tree, so they were able to offer their stocks for sale as a penny stock on the over-the-counter Pink market under the ticker symbol INNMF.

The SEC takes a dim view of insider trading because trust is an important component of an open securities market. When traders buy or sell stock in a company based on information not available to the general public, it violates that trust.

"Insider trading is not just illegal," Peikin said. "It is also corrosive. It threatens investor confidence in the fairness and integrity of our markets. For our capital markets to retain their place as the envy of the world, the SEC and its law enforcement colleagues must be vigilant in policing against this misconduct."

Joshua Dent, president of Dent Wealth Management in Batavia, said that is exactly the attitude he expects from the SEC and it's critical to how he and his colleagues do their jobs. They need to know the securities they recommend to investors are being traded honestly and fairly.

"Stocks are traded on information and it's critical for that information to be accurate," Dent said. "Companies can get in trouble for falsifying that information to investors. At the same time, access to that information must be open to all investors or it gives some individuals an unfair advantage. Anything that causes investors to mistrust the fairness of the market is dangerous and threatens the integrity of the entire stock market."

While anybody who bought Innate stock at the time Cameron and others were selling may have lost money on the trade, it's impossible to say that they lost money because the alleged insiders were selling. The buyers were all willing buyers, Dent explained. They probably would have been looking to purchase stock in Innate even if the alleged insiders hadn't been trading. If they bought at the share price available -- about 45 cents at the time -- they would have lost their shirts by June 27 regardless of who was selling the stock. They traded on the information available to the general public and likely would have made those trades even without the alleged insiders trading. 

"There's no recourse for them because they could have bought the stock from anybody and they were willing to buy at that price," Dent said. "It's not necessarily about the victims as much as the unfairness that the Collins's were able to avoid losses and threaten the credibility of the market. The victims are basically all investors because if some people are able to receive and act on insider information and others cannot, then, as I said, it threatens the credibility of the stock market. The credibility of the stock market is based on the ability of investors to trust a fair exchange."

Chris Collins, Cameron Collins, and Stephen Zarsky each face 13 counts of securities fraud, wire fraud, and making false statements. If convicted, they each could be looking at five years in prison.

As a result of his arrest in Manhatten this morning, Collins is already facing consequences in the House of Representatives. Speaker Paul Ryan removed Collins from the House Energy and Commerce Committee.

“While his guilt or innocence is a question for the courts to settle, the allegations against Rep. Collins demand a prompt and thorough investigation by the House Ethics Committee," Ryan said. "Insider trading is a clear violation of the public trust. Until this matter is settled, Rep. Collins will no longer be serving on the House Energy and Commerce Committee.”

During today's press conference in New York City, Co-director of the SEC Avakian addressed those tempted by insider trading.

"Here's a better inside tip for those who think they can play by a different set of rules: Access to this kind of information carries with it significant responsibility, especially for those in society who hold a position of trust, to act honorably and in accordance with the law, and do not lie to special agents of the FBI," she said.

Video: Chris Collins "press conference" in Buffalo on Wednesday evening:

CBS News carried the press conference about the charges against Collins live. In the video below, the press conference starts at about the 6:45 mark.

CBS News also obtained exclusive video taken at the White House on June 22 during the Congressional picnic. It shows Collins on the phone at 7:17. The email informing board members of the failed clinical trials went out at 6:55 p.m. Collins allegedly tried multiple times to get in touch with Cameron Collins and when finally did, they allegedly spoke to each other for about six minutes.

CORRECTION: Earlier we referred to the document used in this story as a "criminal complaint." The document in the possession of The Batavian at the time this story was written was actually from the SEC and is a civil complaint. There is also a federal indictment that The Batavian had not yet obtained when this story was written.

Law and Order: Man charged with menacing and assaulting pregnant female on Gabbey Road in Pembroke

By Billie Owens

Patrick Allen Thompson, 36, of Gabbey Road, Pembroke, is charged with third-degree assault, endangering the welfare of a child, and third-degree menacing. He was arrested following a domestic incident at an upper apartment on Gabbey Road in Pembroke at 9:53 p.m. on Aug. 5. Thompson allegedly assaulted another party, thereby endangering the welfare of the pregnant victim's unborn child. He also allegedly menaced the same victim by making a threat and following it up with physical injury. He was arraigned in Town of Pembroke Court and jailed in lieu of $10,000 cash bail or $20,000 bond. He is due in Town of Pembroke court at 4:30 p.m. on Tuesday, Aug. 14. The case was investigated by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Michael Lute.

Stephanie M. Burmeier, 33, of Payne Avenue, North Tonawanda, is charged with petit larceny and second-degree harassment. She was arrested at 6:10 p.m. on Alleghany Road in Darien after allegedly stealing merchandise from a souvenir shop inside Darien Lake Theme Park and Resort, then kicking one of the security officers who was attempting to detain her. The case was handled by Genesee County Sheriff's Deputy James Stack.

Minnie M. Henry, 30, of Central Avenue, Batavia was arrested on Aug. 6 on a bench warrant out of Batavia City Court. On Aug. 6, Batavia PD responded to 41 Central Ave. for an open 9-1-1 (hang-up) call and the defendant was subsequently arrested on the bench warrant. She is now charged with resisting arrest because she allegedly physically resisted police efforts to arrest her on the bench warrant. The defendant was jailed on $5,000 cash or bond. Henry is due in court on Thursday (Aug. 9). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Nicole McGinnis.

Noel Marie Wentworth, 49, of Pringle Avenue, Batavia, is charged with petit larceny. She was arrested at 12:56 p.m. on Aug. 5 at Tops Friendly Market on West Main Street in Batavia after Tops' loss prevention personnel observed her allegedly stealing over-the-counter medication. She was issued a computer-generated appearance ticket and is due in Batavia City Court on Aug. 14. The case was handled by Batavia Police Det. Eric Hill.

SEC complaint against Collins reveals alleged insider trading saved sellers $768,600

By Howard B. Owens

Here is a summary of the civil complaint against Rep. Chris Collins and his co-defendants on charges of insider trading. Indented paragraphs are direct quotes from the document. Paragraphs that are not indented are summaries, sometimes containing direct quotes. To read the full complaint, click here (pdf)

On Thursday, June 22, 2017, Christopher Collins, then a member of the board of directors of Innate Immunotherapeutics, Ltd. (“Innate”) and a U.S. Congressman representing the 27th Congressional District of New York, learned material, nonpublic information about clinical trial results for a drug being developed by Innate. That evening, Innate’s CEO emailed Christopher Collins and other members of Innate’s board to report “extremely bad news” that the trial results “pretty clearly indicate[d] ‘clinical failure.’ ” 

Christopher Collins responded to the email and then approximately 15 seconds later began attempting to reach his son, Cameron Collins. After exchanging several missed calls, Christopher Collins and Cameron Collins connected and spoke for six minutes. Over the next two trading days, between the opening of the market on Friday, June 23, and the close of the market on Monday, June 26, and while the clinical trial results were still nonpublic, Cameron Collins sold a total of nearly 1.4 million Innate shares based on material, nonpublic information he received from Christopher Collins. Cameron and Christopher Collins spoke by telephone at least nine times during that same time period. 

Camaron Collins then allegedly spoke with four individuals, including Stephen Zarsky, who allegedly called two other individuals.

Allegedly, within minutes of hearing from Camaron Collins and his girlfriend, his girlfriend's mother sold her shares of Innate.

Both Camaron Collins and Stephen Zarsky allegedly placed orders the next morning to sell Innate shares.

Later that day, Stephen Zarksy's brother allegedly placed an order to sell his shares of Innate.

Finally, on the morning of Monday, June 26, Cameron Collins tipped a friend who had previously bought Innate shares on his recommendation. Five minutes later, Cameron Collins’s friend placed an order to sell all of his Innate shares. 

On the evening of Monday, June 26, 2017, Innate announced the negative results of the drug trial to the public. On the next trading day, Innate’s share price plummeted over 90 percent to $0.0351 from the previous day’s close of $0.45.

In the four days prior to the June 26 announcement, the alleged co-conspirators sold 1.78 million Innate shares. Additionally, Zarsky's contacts allegedly sold another 25,000 shares.

Collectively, the group allegedly avoided losses of $768,600.

As of June 22, 2017, his son Cameron Collins owned over 5.2 million shares of Innate, most of which Christopher Collins had purchased for him.

In early June 2017, Innate informed its board of directors that they would not be​ permitted to trade Innate securities between June 5 and July 11, 2017, because results of the clinical trial would be released imminently. This blackout period was later modified to allow board members and other insiders to trade 24 hours after the trial results were announced publicly.

Based on seemingly positive news related to the drug Innate was developing in the spring of 2017, "On June 15, 2017, Cameron Collins opened a new brokerage account and used funds from his 401(K) account to purchase 16,508 additional shares."

Likewise, five days later, Cameron Collins’s girlfriend invested in Innate for the first time on June 20, 2017, buying 40,464 shares in a brokerage account that she had opened the previous day. 

The indictment quotes text messages from the mother of Camaron Collins girlfriend that indicate Chris Collins was providing information about Innate to her and her husband in the fall of 2016.

On September 9, 2016, Cameron Collins’s girlfriend’s father, Stephen Zarsky, purchased 200,000 shares of Innate. Her mother purchased 50,000 shares the next business day. Stephen Zarsky made additional subsequent purchases. He and his wife purchased a total of 353,005 shares of Innate prior to the relevant trading. 

At approximately 6:55 p.m ET, Innate’s CEO emailed the board of directors, stating that he had “extremely bad news to​ report” and that the results “pretty clearly indicate ‘clinical failure.’ ” He also reported that the consultants “cut and diced the data multiple times/ways to see if there were some meaningful positives, [but] could not find any.” This information was material and nonpublic.

Christopher Collins received the CEO’s email while attending an official event on the South Lawn of the White House. At approximately 7:10 p.m. ET, while still at the event, Christopher Collins responded to the email, “Wow. Makes no sense. How are these results even possible???”

At that point, Chris Collins tried repeatedly to contact his son. The indictment then goes on for several paragraphs detailing the activities mentioned above regarding communications and trading of the stock by the alleged conspirators.

Unlike the other tippees, because of his large position in Innate, Cameron Collins could not sell all of his Innate shares at once without potentially causing a negative impact on the share price. Throughout Friday, June 23 and Monday, June 26, 2017, the two trading days before Innate publicly announced the bad results of the MIS416 clinical trial, Cameron Collins entered at least 58 orders to sell blocks of Innate shares he owned. His trading pattern is consistent with an effort to sell shares quickly while minimizing impact on the share price.

During that trading period, Cameron Collins and Chris Collins allegedly spoke multiple times. Cameron Collins allegedly placed multiple sell orders, sometimes attempting to set a limit price (the sell order won't go through unless the buyer is willing to pay that price or higher) when the limit orders didn't sell, he would place a sell order at "any price," according to the indictment.

The sales by Cameron Collins, his girlfriend, and her parents, including Stephen Zarsky, made up more than 53 percent of the stock’s trading volume that day and exceeded Innate’s 15-day average trading volume by more than 1,454 percent. Innate shares closed at $0.54 per share on June 23, an increase of $0.02 over the prior day’s close.

The next day, Cameron Collins allegedly attempted to place 36 sell orders. In 33 cases, there were willing buyers. He moved 775,000 shares of Innate stock.

In May, shares of Innate owned by Christopher Collins and Cameron Collins were held in an Australian brokerage. Chris Collins initiated the paperwork to transfer the shares to a U.S. brokerage, including opening an account in his daughter's name. The transfer was completed for Cameron Collins on June 9. However, there were apparently errors in the forms for Chris Collins and his daughter. "Thus, at the time that Christopher Collins learned the results of the MIS416 clinical trial on June 22, neither he nor his daughter was able to sell Innate shares in the U.S."

After news reached a reporter June 26 of the failed clinical trial, the reporter called a Collins staff member. Chris Collins then called his son. His son then executed a trade in Australia to sell all of his remaining Australian shares, a total of 3,825,000.

On June 29, 2017, the local newspaper published an article entitled, “Collins’ office says family, chief of staff held onto stock as it sank.” The article contained a statement issued by Christopher Collins’s office worded to dispel any suspicion of insider trading by the Collins family: “Neither Chris Collins [nor his daughter] . . . have sold shares prior, during, or after Innate’s recent stock halt . . . Cameron Collins has liquidated all of his shares after the stock halt was lifted, suffering a substantial financial loss.” 

The statement by Christopher Collins’s office omitted the fact that Cameron Collins sold almost 1.4 million Innate shares on the OTC Pink market during Innate’s ASX trading halt, prior to the public announcement of the bad drug trial results, avoiding losses of approximately $570,900. Similarly, it did not disclose that Christopher Collins and his daughter could not sell their Innate shares at that time because their efforts to transfer them to a U.S. brokerage account prior to the announcement of the results of the MIS416 clinical trial had failed. 

A portion of the relief sought by prosecutors includes:

Ordering Defendants to disgorge, with prejudgment interest, all illicit trading profits, avoided losses, or other ill-gotten gains received by any person or entity as a result of the actions alleged herein;

Ordering that Defendant Christopher Collins be prohibited from acting as an officer or director of any issuer that has a class of securities registered pursuant to Section 12 of the Exchange Act [15 U.S.C. § 78l] or that is required to file reports pursuant to Section 15(d) of the Exchange Act [15 U.S.C. § 78o(d)];

CORRECTION: Earlier we referred to the document used in this story as a "criminal complaint." The document in possession of The Batavian at the time this story was written was actually from the Security and Exchange Commission and is a civil complaint.  There is also a federal indictment that The Batavian had not yet obtained when this story was written.

Chris Collins reportedly indicted by federal grand jury on insider trading charges

By Howard B. Owens

Rep. Chris Collins is facing federal charges related to alleged insider trading, according to a breaking news report from CNBC.

The report says Collins has been arrested on the charges and his co-defendants include his son Cameron Collins, and the father of his fiancee, Stephen Zarsky.

The defendants are accused of securities fraud, wire fraud, conspiracy, and making false statements, all related to publicly traded stocks of an Australian biotechnology company, Innate Immunotherapeutics. 

Collins is on the board of directors for the company.

According to the CNBC report, the indictment accuses Collins of passing nonpublic information about the company's drug trials to his son to help him "make timely trades in Innate stock" and that his son allegedly passed information to Zarsky who is accused of passing that information to unnamed co-conspirators.

Collins reportedly surrendered to federal agents in Manhattan this morning and was taken into custody. He is scheduled to appear in Federal court later today.

UPDATE 10:30 a.m.: Attorneys for Collins issued the following statement:

"We will answer the charges filed against Congressman Collins in Court and will mount a vigorous defense to clear his good name. It is notable that even the government does not allege that Congressman Collins traded a single share of Innate Therapeutics stock. We are confident he will be completely vindicated and exonerated.

Congressman Collins will have more to say on this issue later today."

Photo: File photo.

Backed by the NRA when she represented Genesee County, Hochul expresses hope organization will go bankrupt

By Howard B. Owens

When Kathy Hochul campaigned for reelection in 2012 to the NY-27 congressional seat, which she eventually lost to Chris Collins, Hochul sought and obtained the support of the National Rifle Association.

The NRA PAC donated $7,000 to Hochul's campaign and only $1,000 to Collins.

Times have changed. In 2018, Hochul, now lieutenant governor in New York, seems to be rooting for the NRA's demise.

On Friday, using her personal Twitter account, Hochul retweeted a statement by Gov. Andrew Cuomo, who was also using his personal account, celebrating New York's apparent success in driving the NRA to the brink of financial ruin. Hochul's response? "good riddance!"

Asked about the tweet, Hochul released this statement:

“The NRA actively worked against my last campaign in 2014, because I’ve been a consistent supporter of common sense gun laws, including Governor Cuomo’s SAFE Act, some of the toughest gun laws in the nation. Simply put, the NRA’s extremist and unlawful actions are promoting violence and threatening the lives of people in New York and across the country. The Governor and I continue to fight for common sense gun safety measures to prevent violence and save lives.”

Campaigning in Genesee County in 2012, Hochul told SCOPE members, "When a bill comes up that affects your Second Amendment rights, I’m on your side."

Shortly after the meeting, Hochul, based on a year in Congress, received an A rating from the NRA.

"Some of you may say I have a 'D' after my name and I can't vote for you," Hochul said that night during the meeting at Calvary Baptist Church on Galloway Road in the Town of Batavia. "Well, fine, but I still represent you. I am independent and I look at each and every issue as what's best for the people of Western New York. Sometimes the Democrats are right and sometimes they're really wrong. Sometimes the Republicans are right and sometimes they are really wrong."

After receiving Hochul's statement, The Batavian emailed her staff and asked for clarification since her statement referenced the 2014 campaign and she was endorsed by the NRA in the 2012 campaign.

A spokesman called The Batavian and said he wasn't authorized to speak for Hochul for attribution but stressed Hochul still supports Second Amendment rights but that her views of the NRA have changed. He said it wouldn't be appropriate for him to try to speak for her to explain why. She wasn't available for further comment.

A lot has changed in the world of gun politics since 2012. In December of that year, 20 children were killed at Sandy Hook Elementary School in Newtown, Conn. There have been several other mass shootings, including in San Bernardino, Orlando, Las Vegas, and Parkland in the years since.  The nation is perhaps more deeply divided over gun laws than ever before.

Since then, the NRA has opposed banning bump stocks, raising the age on gun purchases, and has sent mixed signals about its position on so-called "red flag" laws, while NRA members and representatives have belittled survivors of Parkland, threatened other gun control supporters, and even advocated violence against journalists.

Bill Fox, president of Genesee County SCOPE, remembers the night Hochul spoke to local gun owners. She was passionate about her advocacy for gun rights. Now, he says, "she's not a friend of the Second Amendment."

Where Hochul called for "common sense" gun laws, Fox said he doesn't even know what that means.

"What is common sense?" Fox said. "There are thousands of gun control laws on the books already. What does common sense mean? If you're a criminal, you're still going to get a gun."

Fox said he's also a proud NRA member and he's disappointed in Hochul's support of the SAFE Act.

"She stood there and told us how her family hunts and how she supports gun rights and now she supports the SAFE Act," Fox said.

Fox thinks Cuomo's true aim isn't gun control but gun removal.

The financial difficulties faced by the NRA stem from efforts by New York to stop the NRA from selling insurance to conceal carry permit holders called "Carry Guard." 

New York officials contend the insurance is illegal because it provides financial assistance to people who engaged in "intentional wrongdoing." 

The bottom tier insurance plan provides $250,000 in civil liability coverage to a person who discharges a firearm and $50,000 for criminal defense, but according to the NRA website, the policy will only pay out a defense claim if the policyholder is acquitted. There is no coverage if a person fires a gun, is arrested, and is convicted of a crime.

Some gun control advocates support requiring mandatory insurance policies for gun owners.

New York's efforts to stymie the insurance program seem to have far-ranging effects, causing financial difficulties for the NRA with insurance carriers and financial institutions. The NRA has warned in a lawsuit filed against New York that it is facing insolvency because of the state's regulatory actions.

Hochul is engaged in a tough primary campaign to retain her lieutenant governor post against a Downstate progressive challenger Jumaane Williams. Hochul has a slim lead, according to a recent poll.

Firefighters rescue five dogs while dealing humidity and heat at fire in Pavilion

By Howard B. Owens

As soon as one of the Schroth's family's dogs stuck his head out of a bedroom window of their burned-out home, the cry went up from a firefighter: "dog in the window."

A half-dozen firefighters, including Chief Jeff Pietrazykowski, Bethany fire, and Capt. Marty Hinz, City fire, (top photo), converged on the window and worked together to lift the black lab out of the smoldering building.

By that point, the manufactured home was already a total loss with the interior destroyed from end to end.

Somehow five of the family's six dogs were safely accounted for at one point this afternoon and a sixth, Lucky, the family believed escaped and was hiding in the nearby woods. They were also hopeful their five cats escaped. There was a doggy door on the back of the house.

Nobody was home when the fire was reported at 11:45 a.m. at 7230 Telephone Road, Pavilion.

When Pavilion's Assistant Chief Don Roblee arrived on the scene, he could see there was no saving the structure and he immediately informed dispatchers that crews would be fighting a defensive fire.

The concern among firefighters then was the welfare of the family pets. That, and dealing with hot, humid weather, which made it imperative for firefighters to rotate assignments and stay hydrated, cool and rested.

"We had a second alarm just because in this heat you need people," Roblee said. "You've got to rotate the guys out. You want to keep them fresh. You don't want to get them hurt. ... It's so hot. They put on that 150 pounds of gear on plus air packs, you know, they're just drenched. You lose so much water and moisture in the body; you've got to take care of it."

There is no information available yet on the cause or origin of the fire. Nobody was home when the fire started. Roblee said the owners told him the only thing on in the house were two window air conditioners. 

The 1,512-square-foot manufactured home was constructed in 1999 and it sat on 2.2 acres of land, according to county records.

Assisting Pavilion were Le Roy, Bethany, Stafford, Wyoming, Caledonia, and City of Batavia's Fast Team. The Sheriff's Office and Emergency Management also assisted at the scene.

The black lab pulled from the window was soaking wet but had no interest in getting an air mask put over his face by Hinz once he was in a safe spot.  He was happy to get love from his owners Nessy Schroth and her mother Kim Schroth, who was overcome with emotion when she saw him.

Their other black lab, Mac, rescued later, was breathing hard after he was carried away from the house. Hinz fitting the breathing mask over his face while another firefighter poured water on him and petted him. Soon, they moved him into an air-conditioned truck and shortly after that he walked away from the scene on his own.

Previously: Trailer fire reported off Route 20 in Pavilion

"Dog in the window."

Pietrazykowski with the black lab rescued from the window.

Kim Schroth was overcome with emotion, happy to see one of her black labs rescued safely from the fire in her house.

Law and Order: 53-year-old man accused of pushing and following pair of little girls in Batavia

By Billie Owens

Alejandro Chaparro, 53, of Braley Road, Ransomville, is charged with two counts of endangering the welfare of a child and two counts of second-degree harassment. At 9:29 p.m. on Aug. 4, following an investigation into a harassment complaint, Chaparro was arrested on Main Street Road in Batavia. He allegedly pushed and followed an 11-year-old girl and a 9-year-old girl. He was arraigned in Town of Batavia Court and is due back there on Aug. 27. The case was investigated by Genesee County Sheriff's Deputy Joshua Brabon, assisted by Deputy Andrew Mullen.

Paul R. Hogle, 53, of Vallence Road, Le Roy, was arrested on Aug. 2 by Le Roy Police Department and charged with one count of stalking in the fourth degree, a Class B misdemeanor, and one count of forcible touching, a Class A misdemeanor. Hogle was arrested after a complaint was received by the Le Roy Police Department that he had allegedly placed a GPS locating device on the victim’s vehicle and used it to find them at a later time. It is also alleged that Hogle had unwanted contact with the victim. Hogle was arraigned in the Town of Stafford Court and was turned over to the Genesee County Jail in lieu of $500 bail. Hogle was subsequently arrested on Aug. 3 for criminal contempt in the second degree, a Class A misdemeanor. On Aug. 3, Hogle allagedly violated a court order, ordering him to stay away from the protected party. It is alleged that on that date, knowing said order was in place, that Hogle made contact with the protected party. Hogle was arraigned again arraigned in the Town of Stafford Court and jailed in lieu of $10,000 bail. Hogle is to return to the Le Roy Town Court on Aug. 13 to answer all charges.

Jennifer Nichole Wenner, 31, of Wood Street, Batavia, is charged with: driving while intoxicated; aggravated DWI -- operating a motor vehicle while having a BAC of .18 percent or more; consuming alcohol in a motor vehicle; obstructed view; disorderly conduct -- urinating in a public place. Wenner was arrested at 1:58 a.m. on West Main Street in Batavia after an investigation into a disturbance at a gas station. The case was investigated by Batavia Police Officer Jason Ivison, assisted by Officer Peter Flanagan.

Vincent M. Eschenlauer, 27, of Bank Street, Batavia, is charged with: driving while ability impaired -- combined influence of drugs or alcohol/drugs; leaving the scene of a property damage accident; moving from lane unsafely; driving a motor vehicle on or across a sidewalk; operating a motor vehicle on a public highway while using a mobile phone. The defendant was arrested after he allegedly fled the scene of a one-car collision on Route 63 at Jackson Street in the city at 7:09 p.m. on July 30. He is due in City Court on Aug. 15. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Officer Jason Davis.

Michael John Reeves, 39, of Military Road, Tonawanda, is charged with: aggravated unlicensed operation in the first degree; two counts of DWI; operating a motor vehicle with headlights; and uninspected motor vehicle. Reeves was stopped at 12:28 a.m. on Aug. 4 on Route 77 in Pembroke for allegedly operating a motor vehicle without headlights. Reeves was issued appearance tickets to answer the charges and is due in Pembroke Town Court on Aug. 28. The case was handled by Genesee County Sheriff's Deputy Ryan Young, assisted by Deputy Eric Meyer.

Patrick D. Powell, 32, of Manor Park, Rochester, is charged with: unlawful possession of marijuana; aggravated unlicensed operation in the second degree; inadequate exhaust; drinking alcohol in motor vehicle on a highway. At 1 p.m. on Aug. 3, following a traffic stop on Richmond Avenue in the City of Batavia, Powell was arrested on the charges. He was issued an appearance ticket for Aug. 21 in City Court. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Sharon Yvonne Sharman, 47, of Seven Springs Road, Batavia, is charged with driving while intoxicated and DWI -- operating a motor vehicle with a BAC of .08 percent or higher. Sharman was arrested following an investigation into a domestic incident on Seven Springs Road at 3:12 a.m. on Aug. 4. She was issued an appearance ticket for Sept. 20 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Matthew Clor, assisted by Deputy James Stack.

Aerielle Susan Davis, 29, of West Main Street, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 pr more. She was arrested at 1:47 a.m. on Aug. 4 on West Main Street in Corfu following an investigation of a woman asleep at the wheel of a running vehicle in the village. She was issued an appearance ticket for Village of Corfu Court and is due there Aug. 20. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Erik Andre.

Dalton C. Kelly, 20, of Chase Park, Batavia, is charged with fourth-degree criminal mischief and second-degree harassment. Kelly was arrested at 5:40 p.m. on July 30 in Batavia after a report of a male out of control who damaged property. He was scheduled to appear in court July 31. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Kevin DeFelice.

Nasir C. Nathan, 22, of West Main Street, Le Roy, is charged with second-degree criminal contempt. He was arrested 7:45 p.m. on July 24 on Watson Street in the City of Batavia after he allegedly made threats toward a person protected by a stay-away court order against Nathan. He is due in City Court on Aug. 14. The case was handled by Batavia Police Officer Jamie Givens.

Ahdeosun R. Aiken, 20, of Ellicott Avenue, Batavia, is charged with second-degree criminal contempt. He was arrested at 10:19 p.m. on Aug. 3 on Walnut Street in Batavia after allegedly violating an order of protection during a domestic incident. He was arraigned in City Court and released on his own recognizance. He was due back in City Court today (Aug. 6). The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Barbra Ann Nehl, 75, of West Main Street, Corfu, is charged with petit larceny. She was arrested at 4:52 p.m. on Aug. 5 at a retail store on Route 77 in the Town of Pembroke. She allegedly stole $37.70 worth of merchandise without paying and by passing all points of purchase. She was released on an appearance ticket and is due in Town of Pembroke Court on Aug. 23. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Michael L. Jackson Jr., of Maple Street, Batavia, is charged with petit larceny. He was arrested at 4:13 p.m. on July 27 on West Main Street in Batavia after he allegedly stole items from a grocery store. He is due in City Court on July 14. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Dustin Wayne Bogue, 36, no permanent address, is charged with petit larceny. Bogue was arrested at 1:41 a.m. on West Main Street in Batavia after it was alleged that he entered a convenience store and stole property. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Peter Flanagan.

Taylor L. Finnin, 25, of 131 S. Swan St., Batavia, is charged with trespass. The defendant was arrested at 5:30 p.m. on July 29 on South Main Street in Batavia after he allegedly trespassed at a residence after being told he was not allowed there. He is due in City Court tomorrow (Aug. 7). The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Jason Davis.

Shane Eugene Dann, 41, of Swan Street, Batavia, was arrested Aug. 1 on a bench warrant issued by Batavia City Court. The warrant was issued after Dann failed to appear for a scheduled court appearance in regard to an incident that occurred on Feb. 18. The case was handled by Batavia Police Officer Lindsay Christopher, assisted by Officer Arick Perkins.

A 16-year-old female who lives on Astor Ridge Road in Amherst is charged with DWI-drugs and unsafe backing. She was arrested at 11:21 a.m. on Aug. 5 on Alleghany Road in Corfu after an investigation into a property damage accident at Crosby's convenience store. She was issued an appearance ticker for Corfu Village Court and is due there on Oct. 1. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

A 17-year-old female who lives on West Utica Street, Buffalo, is charged with unlawful possession of marijuana. She was arrested at 11:30 a.m. on Aug. 5 on Alleghany Road in Corfu. She was allegedly found in possession of a small amount of marijuana during a DWI -- drug arrest. She was issued an appearance ticket for Corfu Village Court on Sept. 10. The case was handled by Genesee County Sheriff's Deputy Lonnie Nati.

Bail increased for BHS athlete accused of stabbing teammate

By Howard B. Owens
      Antwan Odom

Even with a number of family members in the courtroom and a high score on the bail evaluation by Genesee Justice, 17-year-old Antwan Odom was ordered held on $50,000 bail or $100,000 bond by City Court Judge Robert Balbick on his attempted assault charge.

Odom is accused of stabbing Ray Leach with a sharp object at least 10 times during an argument over alleged stolen property at 135 Ross St., Batavia, on Friday afternoon.

Both Odom and Leach are star athletes at Batavia High School.

Odom appeared in City Court this afternoon dressed in a Genesee County Jail orange jumpsuit with his hands cuffed, represented by Michael Locicero from the Public Defenders Office.

Locicero argued that Odom should be released under the supervision of Genesee Justice with strict curfew requirements. Odom and Leach have been neighbors but Locicero said Odom could live at his sister's house, well away from the Ross Street neighborhood, while the case is pending.

When Odom appeared in City Court the evening of his arrest, his bail was set at $15,000 cash or $30,000 bond by Judge Durin Rogers. 

First Assistant District Attorney Melissa Cianfrini was consulted by phone that evening on a bail recommendation. She said that at the time she was not given the defendant's name nor had she seen news coverage about the case. She was only told at the time that the defendant had no prior criminal history, meaning no convictions. She did not know that Odom has a pending felony DWI case in the Town of Sweden.

It's a felony because he was allegedly driving drunk with an individual or individuals under the age of 16 in his vehicle. He was also charged with a misdemeanor count of driving while under the influence of drugs. He was arrested by SUNY Brockport PD on April 8.

Balbick said he had to weigh and balance all of those factors, including Odom's family support when considering bail and determining whether Odom is a flight risk.

The bail evaluation by Genesee Justice -- Odom scored a 16 -- doesn't take into account the seriousness of the offense, both Cianfrini and Balbick noted, and that combined with the other pending felony must be considered, he said.

"Those factors make it imperative that bail be set in this matter," Balbick said. "A bail of $15,000 and $30,000 A and B is woefully inadequate."

Odom and Leach have been teammates on Batavia's football and basketball teams (Odom has not played baseball in high school, as previously reported). In basketball, Odom is one of the Blue Devils' top scorers.

Leach has been named to the All-Greater Rochester first teams each of the past two seasons. He gained 1,563 all-purpose yards and scored 18 touchdowns in 2017. On Oct. 14, Leach scored six touchdowns, a school record. He ran the ball in five times and scored on a 22-yard interception as Batavia beat St. Mary's 69-20, setting a new school record for points in a game.

According to Leach's mother, as reported by our news partner 13WHAM, Leach is at home, able to walking and recovering. His stitches should come out in seven to 10 days. He expects to be ready for practice when pre-season drills begin.

Odom's father told 13WHAM that Odom doesn't remember stabbing Leach. He said his son didn't have a weapon and that he suffered a concussion in the fight.

Charges filed against Batavia HS three-sport athlete following stabbing of teammate on Ross Street

By Howard B. Owens

One of Batavia High School's star athletes is in the Genesee County Jail today, accused of stabbing a teammate during a disagreement yesterday afternoon at 153 Ross St., Batavia.

Antwan Odom is charged with attempted assault, 1st, a Class C felony, and criminal possession of a weapon, 4th, a Class A misdemeanor.

Odom is accused of stabbing neighbor, friend, classmate and teammate Ray Leach, a star running back for the Blue Devils and a teammate of Odom's during the football and basketball seasons. Odom is one of the basketball team's top scorers and also a standout in baseball.

Leach's injuries are not life-threatening. According to his sister Whitney Leach, Ray Leach was stabbed four times in the back, twice in his abdomen, once in each leg, and also has a couple of other superficial cuts.

Leach was discharged from UMMC last night after being treated for his wounds.

In a press release, Batavia PD said Odom allegedly attacked Leach after Leach accused him of stealing personal property.

By the time police arrived on the scene at about 3 p.m., Odom had fled. He was identified as the suspect by witnesses and police learned he had returned to his residence, also on Ross Street.

Police said multiple young children and other family members were in the house and "all occupants were safely evacuated." Odom was taken into custody without incident.

Odom was transported to UMMC for medical treatment then arraigned in City Court. He was then confined to the Genesee County Jail.  

The investigation is ongoing. Anyone with information in reference to this case may contact Officer Cowen or the Batavia Police Department at (585) 345-6350, the confidential tip line at (585) 345-6370.

Previously:

Law and Order: Driver charged after backing into pedestrian in Oakfield

By Howard B. Owens

Deborah Rodriguez, age not provided, residence not provided, is charged with driving while ability impaired by drugs and alcohol, unlicensed operation, 1st, and unsafe backing. Rodriguez was reportedly backing out of a driveway in the Village of Oakfield when her vehicle struck a pedestrian who was walking on the sidewalk. The patient was transported to UMMC for treatment of minor injuries.

Brenna Elizabeth Decillis, 24, of Park Road, Batavia, is charged with DWI, driving with a BAC of .18 or greater, and leaving the scene of a property-damage accident. Decillis was charged following an investigation into an accident at 7:18 a.m. Wednesday on Park Road. Decillis is accused of driving a vehicle that struck two parked cars and a building. The investigation was conducted by deputies Ryan DeLong, Richard Schildwaster, and Jeremy McClellan.

Latashia M. Sanchez, 25, of Central Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, and failure to dim headlights. Sanchez was stopped at 11:50 p.m. Tuesday on East Main Street, Village of Le Roy, by a Le Roy police officer.

Seth Ryan Kronewetter, 25, of Indian Creek, Eldred, Pa., is charged with making terroristic threats and aggravated harassment, 2nd. Kronewetter is accused of making threats to harm patrons of a concert at Darien Lake Performing Arts Center. Kronewetter was arraigned in Darien Town Court and released under supervision of Genesee Justice.

Andres A. Arteaga, 20, of Batavia, is charged with unlawful possession of marijuana. Arteaga was stopped at 9:29 p.m. Monday on Route 33, Stafford, by State Police.

Nicholas J. Heschke, 31, of Medina, is charged with unlawful possession of marijuana. Heschke was topped at 1:58 a.m. Monday on Route 77, Town of Alabama, by State Police.

Grand Jury: Man accused of assaulting senior; plus pair of DWIs

By Billie Owens

David M. Howard is indicted for the crime of assault in the second degree, a Class D violent felony. It is alleged that on May 19 in the Town of Pavilion that Howard, with intent to cause physical injury to a person age 65 or older, caused such injury and the defendant is more than 10 years younger than the victim. In count two, Howard is accused of third-degree assault, a Class A misdemeanor, for allegedly recklessly causing physical injury to another person May 19 in Pavilion.

Larry A. Hubler is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 20 in the Town of Stafford that Hubler drove a 2006 Chevrolet on East Main Street Road (Route 5) while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .08 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Hubler is accused of having been convicted of DWI, as a Class E felony, on Nov. 21, 2007, in Genesee County Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

Brett N. Magoffin is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on March 15 in the Town of Darien that Magoffin drove a 2003 Chevrolet on Simonds Road while in an intoxicated condition. In count two, he is accused of DWI, per se, as a Class E felony. It is alleged in count two that he had a BAC of .18 percent or more at the time. In Special Information filed by the Genesee County District Attorney's Office, Magoffin is accused of having been convicted of DWI, as a misdemeanor, on March 31, 2015, in City of Batavia Court, and the conviction was within 10 years of the crimes alleged in the current indictment.

Hazardous weather: thunderstorms expected, Batavia Concert Band show and Neil Hartwick tribute moved to GCC

By Billie Owens

There is a hazardous weather outlook in effect for Genesee County.

The National Weather Service says showers and thunderstorms today will increase in number with a marginal risk for strong to severe thunderstorms by late afternoon. Damaging wind gusts is the primary threat, with isolated large hail also possible.

Because of this outlook, tonight's free concert by the Batavia Concert Band at Centennial Park has been moved to Stuart Steiner Theatre at Genesee Community College. It will also feature a student alumni musical tribute to the late Batavia school band instructor Neil Hartwick.

The bar formerly known as Billy Goats goes out with one last community party

By Howard B. Owens

It was The Goht's last stand Tuesday night as a packed house said to goodbye to a bar full of friends.

You probably know The Goht as Billy Goats, named, legend has it, after a resident across the street who years ago kept goats.

For 18 years, until May, Steve Spyropoulos ran it with legendary hospitality. But after he died in May, his son, John, found the long days of trying to run Settler's restaurant and a tavern while taking care of his family too much of a strain, so he decided to get out of the bar business.

"There's a lot of ground to cover and it's physically straining on me," Spyropoulos told The Batavian last week in an exclusive interview. "There are late nights there, early morning here. I have a family at home. I have two boys who are 14 and I've got a daughter. She's 5. You know something's got to give sooner or later; I prefer it not to be with my family."

There were a few tears among family members Tuesday night as the bar filled up with longtime customers and many glasses along the way were raised to Steve.

John said the gathering was bittersweet. He knows -- and he said the customers were telling him -- closing the bar was the right thing to do, but he also knows his father loved the bar and the customers loved him.

"These are our people," he said. "They loved us. We loved them."

He said he thanked the community for all of its support.

"It’s been a great 18 years here, and 30-plus years next door," Spyropoulos said. "It's a great community. They’ve treated us great and I love them for that. There’s a lot of good people in Batavia. That is not said enough, how good the people in Batavia really are, you know.

"They take three or four bad comments on the Internet and a lot of people think that’s Batavia but it’s not. Batavia is tight-knit. A lot of good people in Batavia. All good people here. All of them."

Top photo: Patrons in the patio of The Goht, the bar is formerly known as Billy Goats, raise a beverage to Steve Spyropoulos, who died May 11 at age 66.

Photo below: Spiridoula Spyropoulus, John's mother, Jane Branton, sister, John Spyropoulos, Christy Brown, sister, and Miranda Spyropoulos, John's wife.

Foxprowl Collectables will hold Grand Opening Saturday in former location at 440 Ellicott St., Batavia

By Billie Owens

(File photos.)

Foxprowl Collectables has come full circle. This Saturday, Aug. 4, at 11 a.m., the toy and collectibles shop will host a Grand Opening in their former location -- 440 Ellicott St. in the City of Batavia.

Until then, they are open for a few hours each day there while getting things set up for regular business.

At the Grand Opening, there will be:

  • Brenden Gillard, an artist, voice actor, costume designer and "Barnes & Nobles best-selling author";
  • Anthony Zicari, comic writer and editor, whose worked on Dark Horse, Antarctic Press, London Night Studios, Narwain Publishing, Marvel Comics, Legendary Press, and INKWERK Studios;
  • A Genesee County Chamber of Commerce ribbon-cutting at noon;
  • Meet-and-greet pics with Batman's Penguin, Wolverine, Spider-Man, and Scooby-Doo;
  • Giveaways and more!

Bill and Joy Hume, married business partners, opened their business at 440 Ellicott St. in 2010. It had begun the year before as an eBay operation.

On Sept. 1, 2016, having outgrown the Ellicott Street storefront, they moved into roomier, swankier quarters at the southeast corner of Main and Jackson streets. In early 2017, the Genesee County Chamber of Commerce named Foxprowl the Entrepreneurial Business of the Year for 2016.

A few months later, in June 2017, the Humes announced they would shutter their store altogether to concentrate on online sales, supplemented by "pop-up" or temporary store dates at the Falleti Ice Arena, and the ever-popular annual Foxprowl-Con at the Quality Inn & Suites in Batavia.

We can only guess that customers clamored for their brick-and-mortar return, enabling them to "geek out," as Bill Hume likes to say, on a regular ongoing basis when the mood strikes.

National ministry stops on Watson Street to spread love and hope

By Howard B. Owens

Dozens of volunteers converged on Watson Street in Batavia this morning for an act of mercy and ministry.

The volunteers from Eight Days of Hope are in town because of Kingdom Bound at Darien Lake Theme Park but their mission this morning was to rehabilitate the home of an 85-year-old widow, Miss Rose, on Watson Street.

"Our whole big thing is love and serve those in need," said Steve Tybor, director and founder of Eight Days of Hope. "There is so much need across America, so much discord right now in our country, we want to give people a glimpse of hope."

Eight Days of Hope is based in Tupelo, Miss., but Tybor said a satellite ministry will open in Buffalo in August. The focus of the ministry is serving those touched by natural disaster, such as residents of Houston after Hurricane Harvey. In Houston, 4,692 volunteers, over back-to-back eight-day periods, rebuilt more than 800 homes, doing more than $10.5 million in work for those victims.

"This is what we do after a natural disaster but this, in essence, is like a human disaster, where somebody has a need and nowhere to turn," Tybor said.

This morning, two hours into the work, the volunteers were more than halfway done with the home of Miss Rose, so the volunteers were turning to other tasks in the neighborhood.

They were in front yards up and down the block and on Jackson Street pulling weeds, cutting grass, trimming edges and looking for anything else they do could help out a neighbor in need.

"We're also doing landscaping door-to-door and helping the neighborhood take it up a notch as far as the looks," Tybor said. "They’re beautiful homes but sometimes people need an extra hand and that’s what our volunteers are doing."

The volunteers come from nine states, including from as far away as Texas.

"We’re a faith-based ministry but it's nine-different denominations," Tybor said. "It’s the Catholics and the Baptists and the Pentecostals coming together, setting aside our differences and just loving and serving people in need."

The home on Watson was identified with the help of Pastor Marty Macdonald at City Church. Last year, the ministry helped a Batavia veteran whose home had been flooded. Tybor said the ministry will be back in Batavia during next year's Kingdom Bound.

"We love Batavia," Tybor said. "We’re glad we’re here. We’re glad to be part of Kingdom Bound. It’s a great ministry and we’re going to do this every year during Kingdom Bound, find somebody in need in Batavia and just love and serve them."

A volunteer prays for Sgt. Dan Coffey after Coffey stopped on Watson to check out the work.

Jankowski expects to announce hiring of new city manager by August's meeting

By Mike Pettinella

If all goes according to plan, the City of Batavia will have a new manager by the time its next Council meeting takes place on Aug. 13.

That’s the latest word from Council President Eugene Jankowski, who said today that the three-person committee charged with finding a qualified administrator has “left no stone unturned” in its quest for someone to replace former manager Jason Molino, who left in January for a similar position for Tompkins County.

“It is my hope that we will be welcoming the new manager at our August meeting,” said Jankowski, who has been working with Council members Bob Bialkowski and Adam Tabelski – along with the Novak Consulting Group of Cincinnati, Ohio. “In fact, you should know even before that because the agenda will be out a few days before the meeting.”

Jankowski said he is bound by a confidentiality agreement to not offer more details about the prospective candidate – the search is down to one finalist – but did say the salary will be in the advertised range of $110,000-plus.

“We’ve identified someone who we feel very comfortable with,” Jankowski said. “We have conducted multiple interviews, background checks, credit checks, just about everything I can think of and even more that Novak came up with. It has been a very thorough investigation.”

Jankowski said an offer has been made to the finalist, but “no contract has been signed yet as lawyers (on both sides) are involved.”

He said the committee’s next step is to work out how to handle the introduction process to the community.

“We’ll be doing that over the next two weeks,” he said.

City Council has reached this point after interviewing five finalists during executive sessions in early July.

Public Works Director Matt Worth has been handling the city manager responsibilities since Molino’s departure, but indicated that he was not interested in the permanent manager position.

Muckdogs hire minor league groundskeeper with major league dreams

By Howard B. Owens

Many young men have passed through Batavia over the years with dreams of making it to the major leagues -- Cito Gaston, Doc Ellis, Manny Sanguillen, Chase Utley, Ryan Howard -- all had solid careers.

But none of these players -- nor those who never made it -- were quite like Cooper Thomson.

Thomson doesn't slug homers or swat singles. He's never had his fastball clocked at 90 mph, let alone 98. He might be able to field a grounder or track down a fly ball but that isn't really what he wants to do.

His dream is to keep the grass green, the foul lines straight and infield dirt as smooth as the felt on a pool table.

Thomson arrived in Batavia on Thursday night after a 30-hour flight from Australia, chasing his big league dream: To be the guy taking care of a major league field.

That only happens in North America and it means making a name for yourself, so when Dave Chase, first-year general manager of the Batavia Muckdogs, told him there was a need for a head groundskeeper 9,401 miles from his home, Thomson didn't hesitate. He was ready to go.

That was the easy part. Getting Thomson through the visa process took some time, which is why he's only arriving in Batavia this week.

Now his goal, to turn the field at Dwyer Stadium into the best field in the New York Penn League. He'll have help from Joe Mogavero, who has been taking care of the field during the first half of the season.

"Aesthetically, you want it to be as good as you can for the fans but more for the players and the teams," Thomson said. "It’s more playability and keeping the field consistent so they know exactly how the field is going to play day in and day out."

One of the issues with the field that Chase mentioned during the off-season was the high lip of grass around the infield, the batter's area, and the pitcher's mound.

When Thomson started work Friday morning, the first task at hand -- fix the lips.

"I’m a massive stickler on that sort of thing," Thomson said. "We're still doing work on it. It’s really an everyday thing to get it perfect so we’ll be working on it every single day, especially on game days. Bringing a major league feel into a minor league ballpark is what I’d like to do here."

Thomson became the Muckdogs' top prospect for all things turf and dirt related after Chase called Murray Cook, who is the guy to know the world over if you care about the quality of your ball field.

Chase was in a bind. He was only a few weeks into his new job as GM for the Muckdogs, after the NYPL took over ownership of the team, and he realized he needed to hire a new head groundskeeper. By that time, any groundskeepers with any experience were already committed to other ballparks.

Cook said he knew this 20-year-old kid in Australia who was ready to move up.

“Murray’s word is gold in the groundskeeping business, so when he endorsed him it was a no-brainer," Chase said.

In 2014, the Dodgers and Diamondbacks played the first MLB regular-season games ever in Australia and though Thomson didn't work on the field, he was obsessed with the work of Murray Cook and his crew.

"They made a cricket oval into a baseball field, which just blew my mind," Thomson said. "I followed it intensely and when I saw how a big league field is supposed to look on our soil that was like a trigger point. I knew I needed to work hard and get a reputation myself so I can be over here (in the states)."

Cook learned of Thomson through the Australian Baseball League, which is sponsored by Major League Baseball, and since some U.S. prospects play in the ABL, the fields there have to be kept to MLB standards. That's where Cook comes in. It's his job to inspect the fields and often his staff works with Australian groundskeepers.

Thomson started his groundskeeping career when the ABL came to Brisbane a year before that 2014 game when he was 15 years old.

"They played at a showground so we had to bump the field in, bump the field out because they had concerts or whatever there," Thomson said. "Me and this other guy just got really good at putting in a brand-new field and taking it away. So I got like OCD (obsessive-compulsive disorder) about it and eventually got a head job at the new stadium in Brisbane. I just loved it."

That's a level of training that isn't available in places where baseball is more established.

"It was pretty intense," Thomson said. "I got to know a baseball field like the back of my hand. I was pretty obsessed with how a baseball field is set up and how it’s made."

He wanted his fields to be major league quality.

"Where money and equipment lack, you’ve got to work hard so I just got a real obsession for trying to make it look like fields over here. I just tried to make my field look as good as it could in Australia and I compared it to all the U.S. fields. I thought if I could do that, that would be like a massive tick on my bucket list."

He came to the attention of Cook when he was working with Cook's team on the fields for the World Baseball Classic qualifiers.

Cook's staff recognized the kid's passion, hard work, and knowledge of the craft and asked if he would like to work in the United States at some point and Thomson said that was indeed his goal. They said they would be in touch.

Since the initial job offer during the off-season, Thomson has been following all the news about the Muckdogs and the team's home field. He has been making plans all that time -- about how to get the outfield grass striped like a major league field, adding a team logo behind home plate, improving the playability of the field.  

As he's said, he can be obsessive about these things.

"I know the field has not really been outstanding the past couple of years but I would really like to turn it around and make it one of the best fields in the league," Thomson said. "That is my main objective. As soon as I knew I was coming over here I was saying, like in my head, 'Batavia is going to be the number one field in the league.' That’s my main goal."

If he does that well, he might someday wind up running the show at Marlins Park, or perhaps Dodger Stadium. We mention L.A. because that's where Thomson has come the closest so far to actually walking on major league grass.

"I did do the stadium tour once in Dodger Stadium," Thomson said. "We went all through the stadium and when we got to the bit where we finally go on the field they were like, ‘sorry, we’re not going on the field. They’re shooting Moneyball,’ and I’m like, ‘that’s what I came here for! I just want to get on the field.’ "

'Maya' recovering at animal shelter while former owner makes first court appearance on neglect charge

By Billie Owens

       Becky L. Frens

A Pearl Street Road resident accused of neglecting her 3-year-old female dog appeared briefly in Town of Batavia Court this afternoon.

Shortly after 1 p.m., Becky L. Frens approached the bench of Judge Michael Cleveland flanked by her attorney Michael Ranzenhofer.

The senator with 38 years of legal expertise is a partner in the law firm Friedman & Ranzenhofer PC, with eight offices in Western New York, including one on Main Street in Batavia.

Ranzenhofer cited unspecified "complications" and asked for a delay in the case. The people, represented by Assistant District Attorney Robert Zickl, told the judge they are ready to proceed in the matter.

Cleveland granted Ranzenhofer's request for a delay and the next court appearance for 56-year-old Frens is set for 10:30 a.m. on Monday, Aug. 27.

Today, Frens looked a lot different than the photo taken July 10 following her arrest by troopers from the Batavia Barracks of the State Police after she went to the Genesee County Animal Shelter to retrieve her dog.

She is charged with overdriving, torturing and injuring an animal; and failure to provide proper sustenance under the state Agriculture & Markets law, Article 26, Section 353, which is a Class A misdemeanor. (Find the section in Ag & Markets law here.)

If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

Frens was dressed in a solid blue, A-line knit top, three-quarter-sleeved with lacy cut-outs, mid-calf black capris, and delicately embossed, pale blue slides. Her medium brown tresses looked freshly curled and hung well past her shoulders. She wore eyeglasses.

Looking only slightly better today was Frens' former pet, a Labrador retriever mixed breed named Maya, which happens to be Sanskrit for "create."

The dog still has a long road ahead.

Volunteers walked her out for a visitor at the Animal Shelter at about 2 o'clock.

Animal Control Officer Ann Marie Brade said when Maya was brought in "she was able to walk, but the length of her nails was so long, that she was not able to walk on concrete or tiles, which is what we have at the shelter, until her nails were cut. With the long nails and the shape of her pads, it was painful.

"She has some genetic issues and some splayed tendons. She doesn't have much muscle mass; she can't stand the heat. When she first came here, she couldn't exercise for any length of time. 

"She was very thin and she is still gaunt. Very underweight, you can see her hips. Since she's been getting treatment, she's put on a few pounds. But we don't want her to put on a lot of weight yet, so it's a constant battle of weighing her, adjusting her feed. The Volunteers for Animals help monitor her and give her special feed. They take her to the vet and pay for the vet bills. 

"She has open sores on her body, bacterial infections, fungal infections. She has several infections we are getting under control. She has demodectic mange, which is in everyone's system, but when the immune system becomes compromised, it goes haywire."

On top of all that, she is nearly 90 percent deaf now because of chronic, heretofore untreated infections in both ears. There is a lot of scar tissue in her ears as a result. She can hear a whistle, but not much else. 

Maya's eyesight was also impaired. She could not see a hand held out with a treat in front of her face -- at least not at first -- she kept missing it with her muzzle. But after three weeks of some decent nutrition and medical control of her infections, she can find the hand in front of her nose.

She's not as stinky. She can manage to jump onto the seated lap of a volunteer these days; a feat that she could not do only a couple of weeks ago.

And despite everything, "she's always happy to see us," said volunteer Lynette Celedonia.

Maya belongs to the shelter and it will hold onto her until she is healthy enough to find a home -- food, water, walkies, treats, mercy, humaneness, decency.

The woman who initially found Maya is seriously considering adopting her, although, with the interest in Maya's story, Christina Homer-Roviso is sure there will be many contenders.

Homer-Roviso said she never had a clue the neighbors across from her sister-in-law's house had a dog. Then came the day earlier this month when Maya was standing across the road looking pathetic.

Homer-Roviso coaxed her across the asphalt in order to help her and she said "watching her try to walk was hard." 

"Oh, my gosh, that dog was starving," said the sister-in-law, Lynne D. Homer. "We gave her two bowls of cat food, some baloney, and sausage; she drank three bottles of water."

"She was missing patches of fur, was (in) really, really bad (condition). ... Someone like (Frens) should not have a freakin' animal and to live in a house like that," said a visibly shaken Homer-Roviso, fighting back tears.

Frens lives in a 3,236-square-foot Colonial built in 2002. The four-bedroom, two-bath custom-built home also has two outbuildings and sits on 11.7 acres. The assessed value is $283,400.

"I own five dogs, horses, goats, chickens, and cats. I tell my kids 'You can go get food and water. These animals can't. You have to do that for them.' "

For previous coverage, click here.

Photos by Howard Owens.

Law and Order: Man accused of attempting to pierce ear of child with hole punch

By Howard B. Owens

Jeffery David Torrey, 46, of McKenzie Street, Bergen, is charged with endangering the welfare of a child. Torrey is accused of attempting to use a hole punch to pierce the ear of a child at a residence on Ross Street, Batavia, at 7:30 p.m. July 5.

Kelvin B. Murphy, 45, of Batavia, is charged with DWI. Murphy was stopped at 2:18 a.m. Sunday on Route 98 in Batavia by State Police. He allegedly failed a field sobriety test and recorded a .10 BAC.

Temple Aubrielle Jacobs, 38, of Michigan Avenue, Buffalo, is charged with DWI, driving with a BAC of .08 or greater, driving without an inspection certificate, failure to keep right, and unsafe tires. Jacobs was stopped at 5:40 a.m. Sunday on Route 20, Bethany, by Deputy Eric Andre.

Shawn Joseph Scheg, 50, of Warboys Road, Byron, is charged with driving while ability impaired, aggravated unlicensed operation, failure to signal, misuse of dealer plate, no interlock device. Scheg was stopped at 1:55 a.m. Wednesday on Route 33, Stafford, by Deputy James Stack.

Kevin Watson, 58, of West Main Street, Batavia, was arrested on a warrant for petit larceny. Watson was turned over to Batavia PD after being released by the Monroe County Jail on an unrelated charged. He was jailed on $1,000 bail.

Dina Mercado, 37, of Old Falls Boulevard, North Tonawanda, was arrested on a warrant for alleged failure to appear on traffic tickets from January 2017. She was jailed on $500 bail.

Jason R. Duffina, 41, of Porter Avenue, Batavia, is charged with petit larceny. Duffina is accused of shoplifting at Tops Friendly Market.

Kevin Wayne Howard, 18, of Bank Street, Batavia, is charged with DWAI, unsafe tires, unlicensed operator, and failure to obey traffic control device. Howard was stopped at 8:20 a.m. Thursday on Main Street, Batavia, by Sgt. Daniel Coffey.

John Joseph Caez-Gonzalez, 31, no permanent address, is charged with criminal contempt, 1st, aggravated family offense, and criminal possession of a controlled substance, 7th. Caez-Gonzalez is accused of violating a stay away order. At the time of his arrest, he was allegedly found in possession of heroin. He was jailed without bail.

Anthony K. Wolcott, 32, of Willow Street, Batavia, was arrested on a warrant for alleged failure to appear on a traffic charge.

James Haynes, 31, of Taylor Terrace, Chester, Pa., was arrested on two warrants after being extradited from Pennsylvania. The underlying charges of the warrants were not released. He was ordered held without bail.

Cynthia D. Gause, 47, of Eaton Street, Buffalo, is charged with DWI. Grause was arrested at a location on Bank Street after police received a complaint about an employee arriving at work intoxicated.

Joseph D. Berry, 32, of Bank Street, Batavia, is charged with assault, 3rd.  Berry is accused of assaulting an employee of a business on West Main Street, Batavia, at 4:04 p.m. Sunday.

Musicians repay the owners of the Stumblin' Inn for their open doors with one more night of local music

By Howard B. Owens

Jim Goff never knew. For decades the Stumblin' Inn in Elba was a haven for local musicians. He knew he was having fun. He didn't know what it meant to the musicians he nurtured and the community that followed them.

Now he knows.

A fire destroyed the storied watering hole the second Sunday of the July, despite a valiant effort by the Elba Volunteer Fire Department and their mutual aid companies to save the 143-year-old building. Jim and his brother Steve, or Stork to everybody who knew him, were asleep upstairs when the alarm went out. They were alerted in time to make a safe escape.

They found themselves on the sidewalks of their small village surrounded by friends and neighbors sharing their tears.

"I never knew until this happened how much it meant to the community," Goff said shortly after arriving Thursday at an open mic night in a park across the street, next to the Elba Fire Hall.

More than 150 local musicians and music fans had gathered for what is likely the last open mic night for the Stumblin' Inn, a Thursday night tradition for years.

"Musicians have always been my people," Goff said. "That’s who I relate to, that’s who I feel comfortable around. We started an open mic in the 1980s and did it off and on. Musicians just liked to hang out there. It felt like home to everyone. We had a lot of bands who called that place home."

Standing next to Goff was local musician Doug Barnard. He said Barnard and his band Southbound were responsible for helping Goff recognize the value of local bands to his bar business.

"They said 'Give us a chance,' " Goff said. " 'We guarantee we'll pack this place.' They told me that about three times so I gave them a chance. They packed the place for five years. I realized maybe this local band thing is a pretty cool thing to embrace."

It all worked, Goff said, because he and his brother kept their priorities straight.

"It’s all about having fun," Goff said. "If you’re having fun, you’re going to make money. Money and fun, it all goes together."

As for the future, that's still a blank slate.

"All the experts say you don’t make big decisions right away," Goff said. "You let things sink in. There’s certainly some pressure to rebuild. Age is definitely a factor. We honestly don’t know. I would say we’re leaning toward probably not, but who knows? I’m not going to say no because I don’t know. I honestly don’t know."

Top photo: Goff as he arrived at Thursday's open mic night, hugging local musician Dylan Desmit, who helped organize the fundraiser for the Goffs with co-host Paul Draper.

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