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Ray Ray was always there for you, say members of slain man's family at vigil

By Howard B. Owens

Those who made it a habit to read arrest reports locally have come across the name Raymond Lee Morgan a few times over the years but that public profile paints an unfair picture of the man, his friends and family said during a vigil in his honor yesterday outside 111 Liberty St., where he was murdered on Tuesday.

The 47-year-old had a big, loving heart, said his sister, Natalie Urbanski (top photo).

"He had seven grandkids," Urbanski said. "He had sisters. He had family. He’s always there, no matter what. You needed something he would be there to help you and it seems like no one wants to hear that."

The vigil was, as Victor Thomas put it, a celebration of Ray Morgan's life, but Thomas and others also made pleas for anybody who knows anything to help the police solve the murder case, and for Batavia to come together.

"He would want us to come together and spread the same love that he spread," Thomas said.

With arms wide open he said, "I want to spread love today because that is what Ray did and that is who he was. He didn’t deserve to go out like this. Nobody does. So at the end of the day, if anybody knows anything they need to say something because my man didn’t deserve this."

Then he looked to the sky and addressed Morgan, "I know you're up there and I know you're looking down on this. Something’s got to give, bra. This stuff in Batavia has got to stop. This isn’t what it was. We’ve got to get back to what it was."

Natalie Urbanski said Morgan was "one of a kind."

"He was a sweet loving man who did not need to go out the way he did," she said. 

She also made a plea for anybody with information to come forward and help the police solve Morgan's murder.

"His daughters, his grandkids, his loved ones, his aunt, his mother, need some type of closure," Urbanski said. "Let’s not let this be a cold case. Let this be solved immediately."

And she included a plea for Batavia come together.

"Batavia you need to come back as one, as we were before," she said. "All of this violence and nonsense, senseless killings is not who were are. We are not the city. We are Batavia."

Dionne Thomas also recalled Morgan's kind, loving ways.

"I remember the Christmas he told the kids he was going to kidnap Santa Claus," Thomas said. "The kids were really scared that Uncle Ray Ray was going to kidnap Santa Claus. He said if he didn’t leave no presents on Hall Street there wasn’t going to be no Christmas. The kids woke up on Christmas, Santa visited Hall Street. Uncle Ray Ray made sure Santa was on Hall Street. That’s who he was for us all."

People know he had problems in his past, Thomas said, but his murder was just senseless.

"No matter what was done in the past doesn’t justify what was done to him," Thomas said. "No one deserves that, especially not Ray. We all know that."

Funeral arrangments have been made for Morgan. Calling hours will be at 11 a.m. Saturday at H.E. Turner, 403 E. Main St., Batavia, with a funeral service at 1 p.m.  (Full Obituary)

Previously:

Victor Thomas

Matt Green, pouring a 40 in honor of Ray Morgan.

Nicole Griffen

Victor Thomas with Jeff Hull and Lamar Randall.

Ray Morgan with his seven grandchildren (photo used with permission of his daughters).

The bar formerly known as Billy Goats will close its doors for the last time Tuesday night

By Howard B. Owens

There will be drink specials at the tavern formerly known as Billy Goats, 345 W. Main St., Batavia, on Tuesday because the bar won't open again on Wednesday, or Thursday, or Friday, any other day after that unless some entrepreneur wants to sign a lease and open a new nightspot.

Owner John Spyropoulos wants to eliminate his existing inventory of booze because he's decided his family is more important than trying to run two demanding businesses by himself.

His father, Steve Spyropoulos, died May 11, at age 66. John said Steve wasn't just his father. He was his best friend and his business partner. 

"There's a lot of ground to cover and it's physically straining on me," Spyropoulos said during a conversation at Settler's Family Restaurant. "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."

Steve Spryopoulos arrived in the United States at age 19 with just the suitcase in his hand. He made his way to Batavia, started a family, and built two successful businesses. John is proud of his father's legacy and knows how much he loved running the bar, but the two businesses are too taxing and require too many incompatible hours to be managed by one person.  

Settler's is the primary family business and the one Spryopoulos really wants to run. If he couldn't do both, closing the bar made the most sense.

"It needs to be done," Spryopoulos. "You know I feel bad for the employees. We had good help over there, three employees, good employees. They've been there for a long time and I feel bad for them but they understand."

While most people still know the bar as Billy Goats, Steve and John officially changed the name about a year ago to The Goht. Now, with the business being shut down, Spryopoulos is open to talking with anybody with the wherewithal to run a bar business about leasing the building. Or he will lease it for office space. The one thing he's not going to do, he said, is sell the property. He'll put it to some use if he can't lease it.

When Spryopoulos broke the news that The Goht would be closing, one bartender today told him he made a decision his father would encourage.

"She said to me that my dad's biggest concern for me was that I would not spend enough time with my family," Spryopoulos said. "She told me, 'your father always worried about you and your family. He wanted to make sure you spent enough time with your family.' So, you know, when a bartender tells me that, that means something."

It's still a sad decision, Spryopoulos said, because he also knows the bar meant a lot to his father and just walking into the place reminds him of his dad.

"My dad touched a lot of lives over there," Spryopoulos said. "He made a lot of friends. The imprint he left on people is incredible. It says a lot."

When you run your own business there are no off hours. Running two of them is especially difficult; and bars and restaurants come with many headaches and worries you never escape. Spryopoulos said he's had no time to really come to grips with the loss of his father

"I haven't even had a chance to cope with my father's death since he passed away May 11," he said. "You get through the funeral. You get through everything. Then it's right back to work. There's no time coping, no time for myself and for my family."

Spryopoulos picked Tuesday to close down because that's the final day of the current liquor license and he decided not to renew it.

"I don't want people to think, 'oh he couldn't handle it on his own,' " Spryopoulos said. "Or saying my dad passed away and now I'm giving up. I'm not giving up. You just have to pick your battles. I'm working here six, seven days a week, from seven or eight in the morning to five or six in the evening. I've got to worry about over there and I've got my wife and kids at home. That's only going to last so long. Something has got to give."

The Goht will be open Tuesday from 4 to 11 p.m. with DJ Kevin providing entertainment. There will be "HUGE" drink specials Spryopoulos said.

Local musicians try to tear down stigmas about mental illness, will perform Monday at Kingdom Bound

By Billie Owens

From a press release and other sources:

Tetelestai, an alternative metal band with members from Genesee County and Buffalo, will be performing at next week's Kingdom Bound festival at Darien Lake Amusement Park.

Founded in 2015 as a worship project, the band consists of: Ronnie Shrock, from Buffalo -- vocals; Andrew Perkins, from Stafford -- rhythm guitar; Paul Mitro, from Buffalo -- lead guitar; Marci Jonathan, from Batavia -- bass; and Nate Jonathan, from Elba -- drums.

Tetelestai will be playing on the Awaken stage inside the park at 1 p.m. on Monday, July 30th.

The band's name derives from the Greek for “It is finished,” which is found only twice in the New Testament: In the Gospel of John (19:28 and 19:30) and nowhere else in the New Testament. According to John's Gospel, those were the last words spoken by Jesus of Nazareth, uttered before his death by crucifixion at Golgotha.

The band spreads a message of hope and love through their music and works to tear down the stigmas associated with mental illnesses.

Their music features heavy guitar riffs, breakdowns, double bass, and the occasional scream, although at heart there's the stillness of the worshipper. Their message of forgiveness, self-worth, love and hope is relayed with high energy and remarkable brashness that would be hard to forget.

Their sophomore album “Anxiety,” which is set to release this fall, delves into issues such as depression, suicidal thoughts, and of course, anxiety. The first single release from that album, "Good for the Soul," is out now.

Their music, including the new single "Good for the Soul," can be found on any music streaming platform or through their website at www.tetelestaiband.com

The Christian music festival at Darien Lake, which runs from July 29 to Aug. 1, will also feature top national Christian artists Toby Mac, Casting Crowns, Mandisa, Danny Gokey and for King & Country -- a total of more than 40 artists and speakers. Organizers expect the largest crowd in over half a decade to attend, bringing people in from across the United States and Canada, not only for the music but also lots of family-friendly activities.

About Kingdom Bound: 

Kingdom Bound Ministries Inc. exists to present the Gospel through a variety of art forms including concerts, outreaches and an annual performing arts festival; to bring people to a saving knowledge of Jesus Christ and to encourage believers in their walk with God.

To purchase tickets or find out more information about the festival go to www.kingdombound.org/festival

Law and Order: 40-year-old Oakfield man accused of having intercourse with female under age 17

By Billie Owens

John M. Brabowski, 40, of Fisher Road, Oakfield, is charged with third-degree rape. He was arrested on July 24 and arraigned at 9:11 p.m. in Batavia Town Court. It is alleged that he engaged in sexual intercourse with a female victim under the age of 17 on July 23 at a location on Fisher Road in Oakfield. He was jailed on $100,000 bail and is due in Oakfield Town Court on Aug. 6 to answer the charge. Additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Joseph Loftus, Youth Officer Howard Carlson and Sgt. Bradley Mazur.

Anthony D. Micucci, 24, of Main Street, Alexander, is charged with third-degree assault, third-degree menacing, and endangering the welfare of a child. He was arrested at 3:25 p.m. on July 25 on Main Street in Alexander following a domestic incident in the village. He is due in Town of Alexander Court on Aug. 8. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Joshua M. Gaudioso, 29, of Genesee Street, Le Roy, is charged with criminal possession of a weapon because he is a convicted felon. He was arrested and arraigned in Bergen Town Court at 9 p.m. on July 26. He was jailed in lieu of $10,000 cash or bond. He is accused of possessing a shotgun on July 20 at a location on North Bergen Road, Bergen. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Chad Minuto.

Kevin Wayne Howard, 18, Bank Street, Batavia, is charged with unlawful use of a motor vehicle in the third degree. He was arrested at 4 a.m. July 26 on Griswold Road in Le Roy following a complaint. It is alleged that the defendant took a motor vehicle without the consent of the owner. He was issued an appearance ticket for Town of Le Roy Court and is due there Sept. 3. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Batavia Police Sgt. Dan Coffey.

Damien Anthony Weir, 37, of Branch Lane, East Stroudsburg, Pa., is charged with unlawful possession of marijuana. The defendant was charged after a traffic stop on Veterans Memorial Drive in Batavia at 10:28 a.m. on July 24. He was issued an appearance ticket for Batavia Town Court and is due there on Aug. 14. The case was handled by Sheriff's Deputy Lonnie Nati, assisted by Deputy Ryan DeLong.

Person of interest in custody in Raymond Morgan murder investigation

By Howard B. Owens

A person of interest in the murder of Raymond Lee Morgan is in custody on an unrelated matter, Batavia PD announced this morning. 

The police are not releasing the name of the person or a description of the person because of "the very active nature of the investigation."

The police are not releasing further information about the case at this time, the department said in a statement. 

Morgan was found badly beaten in his room at 111 Liberty St., Batavia, at 11:15 p.m., Tuesday after police received a report of a disturbance. Mercy medics responded but Morgan, 47, who had two daughters and seven grandchildren, died at the scene.

According to family members, a person was seen fleeing through a second-story window and police officers, including a K-9, conducted a search of the area that night.

The day after the murder, two men living at 111 Liberty were taken into custody on alleged parole violations.

Funeral arrangments have been made for Morgan. Calling hours will be at 11 a.m. Saturday at H.E. Turner, 403 E. Main St., Batavia, with a funeral service at 1 p.m.  (Full Obituary)

Previously:

There's no slack in training for first group of students going through law enforcement Teen Academy

By Howard B. Owens

Deputies are cramming a lot of police training into one week for the first Teen Academy hosted at Byron-Bergen High School by the Sheriff's Office.

In this one week, said Deputy Matthew Butler, the 14 students enrolled are covering the same material a cadet at a standard police academy must grasp in five-and-a-half months.

"I don’t want any student to come away and say 'that was nothing, it wasn’t tough,' or 'it was too easy, I didn’t get anything out of it,' " Butler said. "That’s why we’re trying to throw a lot of stuff at them so they get the most from the experience and see what it’s really like."

Each day, at 8 a.m., starts with physical training or PT, and students take turns leading PT. Police officers all need to have leadership skills and be able to communicate effectively and PT and marching in formation are a chance to practice.

Instruction from there includes classroom lectures, demonstrations, and hands-on practice.

Deputy Chris Erion has been out with K-9 "Destro"; Sgt. Jason Saile presented a crash management demonstration; there are tours of the jail and communications; and a chance to see how the scuba team and Emergency Response Team work.

Instruction includes defensive tactics, penal law, vehicle and traffic law, and crime scene investigation and evidence recovery.

Patricia Reeves led a DWI victim impact panel.

There is homework every night and a test tomorrow followed by graduation at 1 p.m.

“We’re giving them a real taste of what it’s like to be a police officer and what you have to go through in the academy to become a police officer," Butler said.

The Teen Academy was pitched to Sheriff William Sheron by Butler, who is the school resource officer at Byron-Bergen, after he had seen something similiar in Monroe County. This is the first teen academy in Genesee County.

The training is no-nonsense. Tuesday, during traffic stop training followed by felony stop training, deputies Ryan DeLong, Andrew Mullen, and Chad Cummings were quick to stop, correct, and lecture in a tone that didn't permit embarrassment but understood that is a lot to master even in a simple traffic stop.

Proper procedures, situational awareness, emotional intelligence, and observation are all critical in a traffic stop, which is both the most routine task in law enforcement and the one daily task most fraught with risk, both to officers and civilians. A good officer never grows complacent.

DeLong, Mullen, and Cummings demanded the attention of the students, and attention to detail, from how they approached the car, to where they stood while talking with the driver, which hand they used to grab and hold paperwork, and how they safely walked back to the patrol vehicle.

With the basics understood, the students who role-played as drivers and passengers could improvise their responses to the cadets, from denying wrongdoing to revealing they were licensed handgun permit holders and were carrying a weapon. Responses were critiqued and corrected.

On two consecutive "stops," the "deputy" didn't notice the passenger holding a handgun in his lap.

Mullen emphasized, when approaching a vehicle, you've got to see everything going on inside the vehicle. The weapon could easily be viewed even before an officer would reach the driver-side door. At that point, Mullen said, you fall back and radio for backup.

DeLong, Mullen, and Cummings then simulated a felony traffic stop, with Cummings assuming the role of the criminal suspect, and then the students took their turns at practicing the procedure.

Many of the students participating do anticipate a career in law enforcement, so that's why they signed up for the academy.

"I really want to go into law enforcement," said Morgan Rhodes, a senior at Notre Dame HS. "It interests me a lot. I’ve always wanted to do it and this is really helping me figure it out."

She's interested in solving mysteries, she said, "making it right" after a crime has been committed, and ensuring people follow the law.

She thinks she will start her law enforcement career in the military but hopes to become a deputy some day.

Devyn Reigle, who has been taking Criminal Justice courses at BOCES, is also considering starting his law enforcement career in the military. The academy, he said, was a chance to get a more hands-on grasp than his college class on what being a cop is all about.

"I've learned a lot more," Reigle said. "I've learned what to be aware of, that it's a lot more serious than you think, and to keep your eyes focused on everything."

Top photo: Deputy Chad Cummings in the role of suspect during a felony stop demonstration.

Deputy Andrew Mullen with simulated pistol drawn while conducting a felony stop demonstration.

Deputy Ryan DeLong during the felony stop demonstration.

Deputy Ryan DeLong cuffing Deputy Chad Cummings.

Gianni Vallese, a Byron-Bergen student, practicing a felony stop.

Devyn Reigle taking Deputy Chad Cummings into custody.

Deputy Ryan DeLong providing instructions on procedures for a traffic stop.

Gianni Vallese conducting a traffic stop while Deputy Ryan DeLong observes.

Devyn Reigle accepting paperwork from a driver during a practice traffic stop.

Morgan Rhodes conducting a traffic stop.

The inaugural class and some of the instructors of the Sheriff's Teen Academy at Byron-Bergen High School.

After the jump, more pictures of training submitted by Deputy Deb Snyder and Deputy Chad Cummings.

Garage fire reportedly causes house fire in Alabama

By Howard B. Owens

A fire in a detached garage at 6943 Knowlesville Road has now apparently caused the house to catch on fire.

Alabama fire dispatched along with Oakfield, East Pembroke, Pembroke, Elba and the City of Batavia's Fast Team.

UPDATE(S) (By Billie) 9:46 a.m.: Multiple explosions are heard. Indian Falls is standing by in their quarters. The city's second platoon is called its fire hall.

UPDATE 9:51 a.m.: National Grid and a code enforcement officer are called to the scene.

UPDATE 10:03 a.m.: National Grid has about a 10-minute ETA. Command asks that Salvation Army be contacted.

UPDATE 11:02 a.m.: The man who owns the house told Alabama Fire Chief Bill Schutt that he had been in his garage trying to repair his lawnmower and had stopped briefly to go elsewhere on the property to talk to a neighbor. Both people heard a loud pop then saw flames coming from the garage. The homeowner grabbed a garden hose in an attempt to keep the fire contained. Firefighters arrived quickly and were able to take advantage of new water lines and fire hydrants installed in the hamlet just last month, Schutt said. The garage burned down and the back of the house is heavily singed. The house next door has melted siding on a rear corner due to heat exposure. The fire is out. Firefighters are overhauling now.

Musicians gathering in Elba tonight for one more Stumblin' Inn open mic night

By Howard B. Owens

The great thing about the Stumblin' Inn is that owners Steve and Jim Goff give every musician who walked through the door and had the courage to ask for a spot on the stage a chance to perform.

They did it for Dylan Desmit when he was first starting his music career.

"The first time we were here, my keyboard player put my amp through the window," Desmit said. "I was mortified. I thought for sure we would never play here again but Jim just kind of laughed it off. We’ve been playing here ever since and it just felt like a second home."

Desmit lost count of how many times he played the Stumblin', whether with one of his bands for an acoustic open mic night.

So many musicians have benefited from the largess of the Goffs that many of them are coming together for one more Thursday open mic nite in Elba where they will play music and pass the hat to raise money to assist Steve and Jim, who lost not just their business but their homes in a fire July 8.

Desmit and Paul Draper (who had last-minute work commitments that kept him from participating in the photo above) organized the event for tonight, starting at 8 p.m. in front of Chap's Elba Diner, and Desmit said the outpouring of musicians wanting to help Steve and Jim has been substantial.

The Stumblin' Inn was the place in the area for local musicians to congregate and get a chance to be heard and those musicians want to repay the favor.

"I saw someone compared it to the Penny Arcade in Rochester and that’s pretty much, yeah, every local band, ever, played here," Desmit said. "There’s so many musicians, and judging by the reaction on Facebook for the benefit, there are so many people devastated by losing it."

Name released of Liberty Street murder victim

By Howard B. Owens

A 47-year-old Batavia man with many local family members has been identified by Batavia PD as the victim of a homicide last night at 111 Liberty St.

Raymond Lee Morgan died in his room last night after police and medics were dispatched because of a reported fight.

The suspect apparently fled on foot after jumping from a small second-story window. Police have not released a description of the suspect and he is apparently not yet in custody. 

In a release, Batavia PD said Morgan was well known to local officers. He had a criminal history and was on parole.

He was released from State Prison in November after serving a year on a criminal possession of a controlled substance, 5th, charge. He also served time from 1999 to 2002 on a grand larceny conviction.

But to his friends and family members gathered across the street from 111 Liberty St. this afternoon, he was a father, son, uncle and brother.

Victor Thomas, who said he grew up with Morgan as his uncle but called him his brother by the time he was an adult, said Thomas loved the Yankees and he loved cars.

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"He was big into cars and any car he had, it was going to have a system in it," Thomas said. "He loved to hear it bang. He loved to let people know he was coming before he was there."

Thomas got a little choked up talking about Morgan. He recalled that Morgan was always there when he was a kid to help him and his family.

"He had a big heart," Thomas said. "From the time I was knee high, he made sure I went back to school with nice clothes. If my mother and father couldn't do it, he was there to get me things I needed to be just OK."

He saw Morgan as bigger than life.

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"Ray was a dude that lived his life with an open heart," Thomas said. "He had so many friends. He had so many people who wanted to be around him. I mean, he was a character. He was one of a kind. You can ask anybody that. He was one of a kind. There is nobody else walking this earth who was like that dude."

Family members in the parking lot across from the rooming house were agitated while police officers and parole officers were inside the multi-unit building trying to untangle their complaints and deal with a couple of suspected parole violators.

One of them, family members said, had spread false rumors on Facebook that Morgan was the killer and he also apparently entered the room where Morgan died after police cleared the scene and took photos of the blood-soaked scene and posted them on Facebook.  

Taken into custody today was Michael Elmore. Family members shared with The Batavian posts with Elmore's name on them where Elmore said Morgan was killer and they accused Morgan of taking and posting the bloody pictures. 

Police Chief Shawn Heubusch explained this afternoon that once investigators finish processing a crime scene, the property is turned over to its owner and the owner from that point is responsible for securing the scene.

A source family with police procedures explained further that by law, police can't remain in custody of a scene once processing is completed without a warrant.

It was unfortunate, Heubusch said, that before the landlord could secure the scene, another resident of the boarding house went in and took pictures of the pools and splatters of blood in the room and posted them on social media.

"It doesn't help our investigation at all," Heubusch said. "It compromises our investigation."

He said he understands seeing those pictures online was very upsetting to family members.

"It's a shame there is no social norm anymore where people won't publish that on social media," Heubusch said. "It's absolutely ridiculous."

Ryan Macdonald is the property owner. He said he was notified at 6 a.m. by Batavia PD that he needed to secure the crime scene. He said when he arrived there was no door into Morgan's room and the window had been removed. Both were taken by investigators as evidence.

Removing Morgan's personal effects wasn't easy, Macdonald said, but that everything that could be returned to them was returned (at the scene this afternoon there were accusations that items were missing and that Morgan's laptop was found in the room of one of the parolees arrested, but Batavia PD could not confirm that information).

"I hate to say this but everything else in that room was covered in blood," Macdonald said. "Everything that was a health hazard, we had to clean or throw out. We had to throw out the bed. I own the bed but we had to throw out the bed. The sister wanted to go into the room but we had to bleach everything and clean everything. I spoke with a hazmat company and they came out and looked at the room and saw the work we did and they said we did what we were supposed to do."

At the start of the interview, Macdonald expressed his condolences for the family. 

"It's unfortunate that someone has died," Macdonald said. "My heart goes out to all of the family. They have lost a son, a child, a father, a brother."

It's days like today that being a landlord is especially difficult, he said.

"We all make choices and I chose to be a landlord but on days like this, I hate being a landlord because no matter what I do people will be mad at me," Macdonald said. "But I believe people can change. I believe people can become better. And that's why we rent to parolees."

Michael Elmore being taken into custody for an alleged parole violation.

Batavia PD investigating homicide on Liberty Street

By Howard B. Owens

A male, whose identity is not being released yet, succumbed to injuries sustained during a fight at 111 Liberty St., Batavia, at 11:15 p.m., Tuesday.

Police are looking for a person who might be a suspect in the case.

The first officers on the scene found a male in one of the rooms at the residence and EMS was summoned. The victim died at the scene.

Officers obtained a suspect description and, with the assistance of the State Police K-9, searched the area for the suspect.

The police are not releasing that information while the investigation is pending.

The identity of the victim is not being released pending notification of relatives. His body was transported to the Monroe County Medical Examiner's Office where an autopsy will be conducted on Thursday. In a statement, police said more information about the investigation will be released after the autopsy is complete.

"Through our investigation thus far it is believed that this was not a random act of violence and that the suspect and victim knew each other," police said in a statement.

Anyone with any info regarding this incident is asked to call police at (585) 345-6350, information may also be submitted via the confidential tip line at (585) 345-6370.

Benefit scheduled in Elba for the Stumblin' Inn

By Howard B. Owens

Statement by Norman Itjen, mayor, Village of Elba:

The Elba community lost an iconic landmark when the Stumblin’ Inn was destroyed by fire on July 8, 2018. This building sat at the corner of South Main and Mechanic Streets since 1875, known by several names, lastly as the Stumblin Inn’ owned and operated by brothers Steve (Stork) and Jim Goff for the last 39 years.

While we, the community and the Village, mourn the loss of this establishment, we can only guess the sorrow Jim and Steve are feeling as they have put much of their heart and soul into our community. A benefit for the Stumblin’ Inn is going to be held on Sunday, Sept. 30, from 12 to 7 p.m. at the Elba Fire Department’s Recreation Hall.*

Events like this often seem to bring out the best in everyone. I can’t say enough about the hard work and long day the Elba Fire Department, and other fire departments from Genesee and surrounding counties put in on this day. Their hours of training were well-evidenced through their organized and coordinated response to the fire of this magnitude in our downtown area. 

I also want to express my appreciation to the Elba community for the outpouring of support they provided the firemen by providing water and refreshments and to Chap’s, in particular, for the food and meals they so graciously donated that day.

* Also, local musicians Paul Draper and Dylan Desmit are organizing an open-air jam night at the former location of the Stumblin' Inn, 1 Main St., Elba, at 8 p.m., this Thursday (July 26). All musicians and music fans welcome. We expect to have more information tomorrow afternoon.

Law and Order: Driver allegedly found asleep behind the wheel with needle in her arm after accident

By Howard B. Owens

Samantha L. Wroblewski, 29, of Medina, is charged with driving while impaired by drugs, DWI, criminal possession of a controlled substance, 7th, and moving from lane unsafely. Troopers were dispatched to a report of a property-damage accident on Route 33 in Stafford and Wroblewski was allegedly found asleep at the wheel with a hypodermic needle in her arm. Wroblewski allegedly admitted to possession of heroin and additional needles. She was arrested after failing to pass multiple field sobriety tests and she submitted to a chemical test.

Tyler Austin Stoddard, 23, of Meiser Road, Corfu, is charged with bail jumping, 3rd. Stoddard was located in Indian Falls and taken into custody. He allegedly failed to appear in Integrated Domestic Violence Court on Nov. 18. He was ordered held in jail.

Amanda K. Shufelt, 31, of Locust Street, Lockport, is charged with petit larceny. Shufelt allegedly stole merchandise from a gift shop at Darien Lake Theme Park.

Brandon L. Kenney-Westfall, 25, of Bergen, is charged with unlawful possession of marijuana. Kenney-Westfall was stopped by State Police at 8:18 p.m. Saturday in Bergen.

Law and Order: South Swan Street woman jailed without bail after allegedly striking person with an ashtray

By Billie Owens

Cynthia M. Mack, 51, of South Swan Street, Batavia, is charged with third-degree criminal possession of a weapon and second-degree criminal assault. She was arrested at 8 p.m. on July 20 on South Swan Street after she allegedly struck another person with an ashtray, causing injury. She was jailed without bail and was due back in City Court this afternoon (July 23). The case was investigated by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Nicole McGinnis.

Amy Marie Guiles, 47, of North Main St., Warsaw, is charged with second-degree harassment. The defendant was issued an appearance ticket following a report of a physical distrubance at an address on Route 19 in the Village of Bergen at 12:30 a.m. on July 7. The defendant allegedly struck the victim multiple times with closed fists. She is due in Town of Bergen Court on Aug. 15. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Katlyn Marie Buzzell, 18, of Burke Drive, Batavia, is charged with fourth-degree grand larceny. She was arrested at 2:17 p.m. on July 20 at a discount department store on Veterans Memorial Drive, Batavia. It is alleged that she stole property exceeding $1,000 while employed there. The case was investigated by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Chad Minuto.

Lisa Darline Ayres, 52, of Garfield Street, Newark, is charged with: felony DWI -- with two prior convictions with the last 10 years; felony DWI -- operating a motor vehicle while having a BAC of .08 percent or more; aggravated unlicensed operation in the firt degree; operating a motor vehicle without an interlock device; and refusing to take a breath test. Ayres was arrested following a traffic stop on McGregor Road in the Town of Darien at 11:06 p.m. on July 21. In addition, she is charged with: unsafe turn without signal; interferance with safe operation when passing on the left, and failure to yield the right on way on a left turn. She was arrainged in Town of Darien Court and jailed in lieu of $5,000 cash or $10,000 bond. Ayres is due in Town of Darien Court on July 24. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Christopher Parker.

Kaitlin Marie Penko, 22, of Ocean Reef, Willoughby, Ohio, is charged with: DWI; aggravated DWI with a BAC of .18 percent or more; failure to dim headlights; obstructed plate, stopping or standing on a highway. She was arrested at 11:35 p.m. on July 22 on Colby Road in Darien following an investigation into a vehicle stopped on the roadway. She was issued an appearance ticket and is due on Town of Darien Court on Aug. 21. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy Kevin Forsyth.

Ricki Leigh Nersinger, 66, of Ireland Road, Brockport, is charged with DWI, operating a motor vehicle with a BAC of .08 percent or more, and following too closely. Nersinger was arrested after deputies responded to Route 5 in the Town of Pembroke at 10:22 p.m. on July 21 for a property damage accident. The defendant was issued an appearance ticket and is due in Town of Pembroke Court on Aug. 28.

Jonathan Chris Shirley, 36, of Council House Road, Tonawanda Indian Reservation, is charged with two counts of second-degree criminal trespass. Shirley was arrested at 6:29 a.m. on July 21 following the complaint of a trespasser at an address on Bloomingdale Road. The defendant allegedly entered a dwelling twice unlawfully without the property owner's permission. The defendant was arraigned in Town of Alabama Court and jailed in lieu of $2,500 cash or $5,000 bond. In addition, an order of protection was issued on behalf of the victim. The investigation was conducted by Genesee County Sheriff's Deputy Ryan DeLong, assisted by Deputy Ryan Young, Deputy Eric Meyer and Investigator Chad Minuto.

Jessica L. Deridder, 30, of 160 State St., Batavia, is charged with resisting arrest. She was arrested, arraigned and jailed without bail at 10:20 a.m. on July 17. It is alleged that on Ellicott Street in Batavia she ran from a Batavia Police Officer, knowing she was wanted for another crime. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Frank Klimjack.

Andre L. Dupra, 49, of Rochester, was arrested by troopers out of SP Batavia at 10:55 p.m. on July 21. He is charged with DWI, refusal to take a breath test, aggravated unlicensed operation in the second degree, and numerous traffic violations. Troopers stopped Dupra on Swan Street in the City of Batavia for failing to yield to oncoming traffic, a loud muffler, and no passenger side headlight. While speaking to Dupra, the operator, troopers allegedly detected the odor of an alcoholic beverage. Dupra was placed under arrest after failing multiple SFSTs and transported to SP Batavia where he refused to provide a breath sample.
Dupra was arraigned in the City of Batavia Court and released on his own recognizance. Dupra is to return to the City of Batavia Court later in July.

Christina M. Kowalcyk, 48, of Fairway Drive, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 or more. She was arrested at 1 a.m. on West Main Street, Batavia. She was allegedly driving a vehicle that had a flat tire while she was intoxicated. A concerned citizen initially reported this to police. She was issued an appearance ticket and released. She is due in City Court on Aug. 8. The case was handled by Batavia Police Officer Matthew Wojtaszyzyk

Patricia L. Gertis, 58, of 48 Mt. View Drive, Arcade, is charged with petit larceny. She was arrested at 12:25 p.m. on July 21 at Tops Friendly Market in Batavia. She was issued an appearance ticket and is due in City Court July 24. The case was handled by Batavia Police Officer Catherine Mucha, assisted by Officer Frank Klimjack.

A 16-year-old resident of Oak Street in Batavia was arrested and charged with petit larceny at 3 p.m. on July 13. It is alleged that the youth stole money from a cash register while working at Walmart. The defendant is due in Batavia Town Court on July 30 to answer the charge. The case was handled by Genesee County Sheriff's Deputy Chad Minuto, assisted by Deputy Travis DeMuth.

Jennifer Ann Roskey, 37, of South Main Street, Oakfield, is charged with second-degree criminal contempt. It is alleged that at 5:18 p.m. on July 19 on South Main Street in Oakfield that the defendant violated a mandate of the court -- a stay away order of protection. She was issued an appearance ticket. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth.

Jason A. McFollins, 40, of Union Street, Batavia, was arrested on a bench warrant and arraigned in City Court at 8:15 a.m. on July 22. He was jailed on $1,000 cash or bond and was due back in City Court this afternoon (July 23). The case was handled by Batavia Police Officer Matthew Wojtaszyzyk.

Dekota Leiser, 26, of an unspecified address in Batavia, was arrested July 18 on a Wyoming Superior Court warrant after turning herself in at the Genesee County Jail in Batavia. She was transported back to Warsaw and put in Wyoming County Jail with no bail until the next court session for her arraignment. The case was handled by Wyoming County Sheriff's Office Investigator Aaron Anderson.

Batavia man, a state corrections officer, accused of attempted rape

By Howard B. Owens
      Adam Brokaw

A Batavia man appeared in Genesee County Court this morning to answer to a sealed Grand Jury indictment charging him with attempted first-degree rape and first-degree sexual abuse.

Adam H. Brokaw, a resident of Northern Boulevard, is accused of attempting to have sexual intercourse with a person incapable of consent by reason of physical helplessness and subjecting that person to sexual contact in the City of Batavia.

The alleged incident reportedly took place at 2 a.m., Nov. 11, after a party at a residence on Northern Boulevard, Batavia.

Brokaw is a New York State corrections officer employed in Albion. 

Members of both Brokaw's family and the alleged victim's family were in court this morning for his arraignment before Judge Charles Zambito.

First Assistant District Attorney Melissa Cianfrini asked Zambito to set bail at $10,000.

Brokaw's attorney, Stephen Leonardo, argued that the 43-year-old defendant is not a flight risk because he's lived in Genesee County his entire life, except his service in the Navy, is married to his wife of 11 years and they have a juvenile daughter, and he is gainfully employed as a corrections officer.

Leonardo also noted that Brokaw appeared for his arraignment today voluntarily even though, by the nature of the investigation, he was well aware of the potential charges.

Zambito released Brokaw on his own recognizance.

His next scheduled appearance is at 9:15 a.m., Sept 25.

Five years later, local malthouse important player in state's growing craft beer industry

By Howard B. Owens

When Ted and Patricia Hawley launched New York Craft Malt in 2013, it could have been characterized as an experiment. It was certainly speculative.

The State Legislature had recently passed a law that opened the door to commercial craft brewing and distilling, but it required 90 percent of the ingredients of any craft brew to come from New York.

Malt, created from barley, is a critical ingredient in beer but what legislators apparently didn't realize was that malting barley hadn't been grown in New York for nearly 100 years.

The Hawleys recognized an opportunity and they opened New York Craft Malt in Batavia.

"It was very experimental," Ted Hawley said after giving a tour of his malthouse to about 100 people on Wednesday, including beer enthusiasts, farmers, other malters, and brewers. "I had to educate myself on how to malt. I had to learn how to malt with this equipment. I had to learn the equipment and learn the trade, so I've come a long way in a short time."

Today, New York Craft Malt offers more than 40 varieties of malt with an emphasis on flavor and color, the unique attributes of craft malts. Brewers from throughout New York buy Hawley's malts and he now has customers in New Jersey, Pennsylvania, Colorado, Oregon and California.

"The circle is growing," Hawley said.

New York Craft Malt is also no longer the only malthouse in New York. There are 12 now, and each is unique, according to Gary C. Bergstrom, chair of Cornell University's Plant Pathology Department.

"I’ve seen every one of them and I can tell you, every one of them does things a little differently," Bergstrom said. "The word craft really applies here."

The tour of Hawley's operations started with Bergstrom and other members of Cornell's team in a farm field off of Assemblyman R. Stephen Hawley Drive in Batavia where Hawley and Cornell work together to grow experimental barley strains as they try to develop varieties that can not only thrive in New York but also provide what craft malters seek -- a choice of flavors and colors.

Malting in New York fell victim 100 years ago to market forces, the climate (it's not easy to grow barely in New York), and Prohibition. The effort to bring barley back has concentrated on developing strains that can grow well and be disease free in this climate.

"After the legislation passed, we quickly realized that we didn't grow what the whole industry depends on, which is malting barley," Bergstrom said. "We hadn't grown it since Prohibition. We had an immediate challenge and a positive challenge."

Cornell scientists swiftly started studying all of the varieties grown throughout the world to find which might best be adapted to New York.

"We started a breeding project to find our own unique variety of barley," Bergstrom said. "In the meantime, we learned about varieties that do well enough here to grow them and how to adapt them, how to reduce the risks and toxins on them, and how to harvest them to get the best quality we can produce right now."

Hawley has been an integral part of that barley trials, Bergstrom said.

"Ted has been a great partner with Cornell," Bergstrom said. "He's cooperated on trials; he's opened his facility to tours; at the state level he's been a good person to network and share his knowledge with others. He's helped on the education front as well as the research."

After the field tour and the malthouse tour, the group headed over to Eli Fish Brewing Company where master brewer Jon Mager gave a tour of his operation and guests could sample some locally brewed beers.

With a craft beer in hand, Jason Crossett, lead brewer for the New York Beer Project in Lockport, said coming on the tour was an important part of seeing how the whole value chain of craft beer works in New York. It was a chance to meet growers and even though he knows how malting works, he wanted to see how a craft malthouse did it.

"For me, I've done a few beers with Ted's malts but I always wanted to check out his facilities and see how a small malting operation works," Crossett said. "It was very important for me to see how the grain gets from the farmer to the malter to the brewer. To me, it's a cycle. Beer can't be made without the malters doing what they do and the farmers doing what they do and the brewers doing what we do. It takes all of us to make a good product for consumers."

Hawley also emphasized the importance of those cooperative relationships. They are, he said, what has enabled his business to grow and thrive. Early on, a few brewers trusted him enough to work with him and help him develop his product.

"In the beginning, I had bad supplies," Hawley said. "I was learning the trade and now those brewers trust me for quality malt because, without their feedback, I wouldn’t know if I was making something that was good or not. I needed their feedback, their honest, constructive criticism and it has made me where I am today."

McMurray stops in Batavia to criticize Collins for backing Trump on Helsinki statements

By Howard B. Owens

Congressional challenger Nate McMurray made a series of campaign stops in the NY-27 yesterday, including in Batavia at the Genesee County Fair, to call out Rep. Chris Collins for not calling out President Donald Trump over, what McMurray said, was Trump's false equivalency between the United States and authoritarian-ruled Russia.

Collins has stood by Trump following Trump's press conference with Vladimir Putin in Helsinki, which followed a private meeting between the two leaders, where Trump seemingly dismissed U.S. intelligence reports of Russian interference in the 2016 election.

"I’m disappointed our congressman didn’t come out boldly — I don’t care, if Donald Trump were a Democrat, I don’t care who he is — when someone gets up on a stage and compares America to an authoritarian state you have to stand up and say that is wrong," McMurray said. "As a kid growing up in this country and believing in the future of our country, I am saying that is wrong."

In the midst of bipartisan criticism of Trump's remarks, Collins issued the following statement:

“I share President Trump’s continued frustration as the left continues to try to nullify the 2016 Presidential election with claims of Russian interference. The fact is, any Russian meddling did not make a difference in the election and there was no campaign collusion. It’s time the Mueller investigation comes to a conclusion. I also urge the President to work with Congress to ensure any future Russian attempts to influence our elections are stopped at our border. Unfortunately, this is something the Obama administration failed to do."

McMurray said in the 48 hours after the press conference, his campaign was re-energized by new supporters and new volunteers signing up.

"Republicans, Democrats, and independents alike are getting involved in our campaign and they’re getting involved because they’re worried about the state of our country," McMurray said.

About 24 hours after the press conference, Trump said he misspoke in Helsinki.

"I thought that I made myself very clear, but having just reviewed the transcript ... I realized that there is a need for some clarification," Trump said. "The sentence should have been ... 'I don't see any reason why it wouldn't be Russia.' "

He said he meant to say "wouldn't" instead of "would."

McMurray thinks Collins has a job to do and he's not doing it: Being a check on executive power.

"A big part of being a congressman is you must be a check on the executive branch, even if you love Donald Trump," McMurray said. "We do not live in an authoritarian state like Putin has. We live in a country where people who go to Congress, people who fight for the people of Western New York, need to be a check on the executive branch so we don’t have an expansion of unwarranted power."

The Batavian contacted the Collins campaign and requested a response. Spokesman Bryan Piligra sent over the following quote:

“Residents of Genesee County know Chris puts their interests first in Washington, fighting for our farms, veterans, and small businesses. They also know he proudly supports President Trump and he won’t back down from that support because radical progressives can’t get over the 2016 election."

Elba Central School superintendent announces he will retire this fall

By Billie Owens

Press release:

Elba Central School Superintendent Keith Palmer has announced he will retire this fall. The Elba Board of Education voted to accept Palmer’s letter of retirement during their annual reorganizational meeting earlier this month.

Palmer has served as Elba’s Superintendent since his appointment in July of 2015 following 12 years as Pembroke’s High School Principal. Having spent the last 28 years as a public school administrator, Palmer is quick to point out that he has been attending school every year for the past 50 years.

"I have been very fortunate to be able to work with so many good people and talented educators over my entire career," Palmer said. "I sincerely believe there is no higher calling than that of a teacher and I am grateful for the opportunities I’ve had in working with and on behalf of our young people."

During Palmer’s time at Elba, the District has seen growth in student academic achievement as well as increased stability with school finances.

"Although Mr. Palmer has been at Elba a short time his influence will be felt for years to come," said Board President Mike Augello. "With his guidance our district has overcome some challenges and we have most importantly improved our students educational experience and academic success. Very quickly Mr. Palmer became part of the Elba community and he has put us on a path to achieve our goals including being a top district in our area.

"It has been a pleasure getting to know and work with Keith. The Board of Education along with the entire community wishes him and his wife the best in their retirement. I don’t think we can replace Mr. Palmer but we are looking forward to hiring our next superintendent and are excited for the next chapter here at Elba."

Before Palmer’s time at Elba and Pembroke, he worked 12 years as assistant principal at Kendall High School and four years as a Math teacher at North Warren Central School in the Adirondacks. 

"I’ve always been drawn to small schools," Palmer said. "We all are required to wear many hats which create possibilities for learning and for developing relationships outside the classroom or office. Relationships and support are strong at Elba and this community is a constant reminder as to the importance of family."

Palmer and his wife intend to sell their home in Albion and move closer to family in Washington, D.C., before "having to bring out the snow blower one more time."

Augello said the District is working with Genesee Valley Educational Partnership Superintendent Kevin McDonald in the search for Palmer’s replacement.

Batavia PD release more information on alligator found at 11 Lehigh Ave.

By Howard B. Owens

Officer Felicia DeGroot.

Press release:

On Monday, July 16, officers from the City of Batavia Police Department responded to the area of 11 Lehigh Ave. for a 9-1-1 hang-up call plotting to the general area. Upon arrival, officers found no signs of distress and checked the building located at 11 Lehigh Ave. for any signs of a disturbance.

Officers located an open door to the building and checked the interior to ensure that there were no problems inside the building itself or anyone in need of assistance. During the search of the interior of the building officers located a large make-shift aquarium that contained a 4-foot-long alligator.

Officers immediately notified the NYS Department of Environmental Conservation and EnCon Officer Wilson arrived on scene a short time later. The alligator was captured and turned over to EnCon Officer Wilson. It was determined that the 9-1-1 hang up call was not related to the found alligator.

Residents are reminded that the possession or sale of alligators and other dangerous animals is a violation of the New York State Environmental Conservation Law. Not only is it illegal to possess such an animal, but they are dangerous and should not be harbored by anyone without specific training and the appropriate licensing or permits.

If anyone has any information regarding this animal or knows of anyone harboring such a dangerous animal, they should contact the DEC Region 8 office at (585) 226-2466.

This investigation was turned over the DEC, any requests for further information should be directed to DEC Region 8 press contact Regina Willis at (585) 226-5324 or pressoffice@dec.ny.gov. 

Previously: Four-foot alligator found in vacant building on Lehigh Avenue

Officer Christopher Lindsay.

Law and Order: Ellicott Avenue woman charged after dog bites another dog, two people

By Howard B. Owens

Tracy A. Battaglia, 47, of Ellicott Avenue, Batavia, is charged with owning an unlicensed dog and dog running at large. Battaglia was charged after her dog ran loose and bit another dog and two people attempting to intervene (initial report).

Thomas E. Brenkus, 50, of East Main Street, Batavia, is charged with forcible touching and first-degree sex abuse. Brenkus is accused of touching a female acquaintance by force for the purpose of sexual gratification. He was jailed without bail.

Cameron David Majewski, 19, of South Swan Street, Batavia, is charged with harassment. Majewski allegedly punched another person during a disturbance on South Swan Street at 1:30 p.m. March 25. He was jailed on $1,000 bail.

Kerry Ann Dudek, 43, of Fisher Road, Oakfield, is charged with petit larceny. Dudek is accused of stealing $54.63 worth of merchandise from Tops Friendly Market.

Darien L. Rhodes, 25, of Dellinger Avenue, Batavia, is charged with criminal obstruction of breathing, criminal possession of a controlled substance, unlawful imprisonment, menacing, 2nd, criminal possession of a weapon. Rhodes was charged following an incident reported at 1:09 a.m. July 12 at a location on Dellinger Avenue.

Deborah S. Rodriguez, 50, of Farnsworth Avenue, Oakfield, is charged with DWI and driving with a BAC of .08 or greater. Rodriguez was charged following an investigation into a disturbance on Pearl Street, Batavia, at 3 a.m. July 5, by Officer Matthew Wojtaszczyk.

Thomas A. Griffin II, 31, is charged with South Swan Street, Batavia, is charged with endangering the welfare of a child and harassment, 2nd. Griffin is accused of trying to take a child out of the arms of another person and striking the person in the face in an incident reported at 4 p.m., Monday. Griffin was jailed on $2,500 bail.

Shawn Brent Springsteen, 53, of Fitchett Street, Poughkeepsie, is charged with criminal contempt, 1st. Springsteen was allegedly found in the presence of a person protected by a complete stay away order at 4:48 p.m. Wednesday at a truck stop on Route 77, Pembroke.

Andrea Marie Gray, 40, of Lake Street, Le Roy, is charged criminal mischief, 4th. Gray is accused of damaging property at 5130 E. Main St., Batavia, at 2:15 p.m. July 10.

Maurice Devon Doleman Sr., 49, of Killian Road, Pembroke, is charged with DWI, driving with a BAC of .08 or greater, illegal signal, driver's view obstructed. Doleman was stopped at 11:07 p.m. Tuesday on Killian Road, Pembroke, by Deputy Eric Meyer.

Jacob Wyatt Klotzbach, 26, of Walnut Street, Batavia, is charged with petit larceny. Klotzbach is accused of stealing $22.67 in merchandise from Tops Friendly Market in Batavia.

Ryan D. Bell, 19, of Henrietta, is charged with unlawful possession of marijuana and driving a vehicle without an inspection certificate. Bell was stopped at 9:32 p.m. Wednesday on Route 77 in Darien by State Police. Also charged with unlawful possession of marijuana is Jason A. Batterson, 33, of Walworth.

Jennifer A. Roskey, 37, of Oakfield, is charged with menacing, 2nd, acting in a manner injurious to a child, and criminal possession of a weapon, 3rd. Roskey was charged following an incident reported at 8:23 p.m. Wednesday, at 39 S. Main St., Oakfield, by State Police. Roskey was ordered held on bail. No further information released.

Domonique T. Smith, 26, of Rochester, is charged with DWI, Felony DWI, endangering the welfare of a child, and driving while impaired by drugs. Smith was stopped at 2:03 p.m. June 27 on South Lake Road, Bergen, by State Police.

Trisha R. Santora, 35, of Batavia, is charged with conspiracy, 5th, grand larceny, 4th, and falsifying business records. Santora is accused of a theft at Home Depot reported at 1:37 p.m. Monday. Santora was arrested by State Police. No further details released.

Four-foot alligator found in vacant building on Lehigh Avenue

By Howard B. Owens

A four-foot long alligator was found in a vacant building at 11 Lehigh Ave., on Monday, and picked up by Encon Officer Wilson.

The alligator was initially discovered by Batavia PD but spokesman Investigator Eric Hill said the report didn't indicate how an officer found out about the alligator.

A DEC spokeswoman said the Seneca Park Zoo agreed to house the animal temporarily until it can be relocated to a permitted facility.

The case is still under investigation and she said it's illegal in New York to possess any crocodilian family without permits.

The building's listed owner is RCT Corp. The Batavian emailed a person who might be associated with that company to see if we can get more information.

Photo by Linda Cotter​.

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