notify

Cody A. Bush, 35, of Walnut Street, Batavia, is charged with: two counts of third-degree assault; fourth-degree grand larceny; and two counts fourth-degree criminal mischief. Bush was arrested Feb. 14 after an investigation into physical domestic incidents at an upper apartment on Walnut Street at 5:09 p.m. and again at 6:03 p.m. that day. He was arraigned in Batavia City Court and put in jail (bail, if any, unspecified). He was due back in city court Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer John Gombos.

Terry Marvin Conrad, 57, of South Main Street, Batavia, is charged with second-degree menacing -- with a weapon, and criminal possession of a weapon in the third degree -- with a previous conviction. Conrad was arrested after police responded to a domestic incident involving weapons that occurred on South Main Street at 11:59 a.m. Feb. 21. After an investigation it is alleged that Conrad menaced a person with a knife after engaging in a physical altercation with that person. He was arraigned in Batavia City Court and released on his own recognizance. Conrad is due to return to city court on April 7. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Peter Flanagan.

Jamie A. Dutton, 28, of South Platt Street, Albion, is charged with criminal possession of a controlled substance in the seventh degree. Dutton was arrested Feb. 27 after a lab report was received by the Monroe County Crime Lab. The defendant was allegedly found to possess 1.081 grams of cocaine after an incident at 8:04 p.m. Feb. 23 on McKinley Avenue in Batavia. Dutton was issued an appearance ticket to be in City of Batavia Court on April 20. The case was handled by Batavia Police Officer Connor Borchert.

Cody Lee Pahuta, 29, of Alleghany Road, Darien, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; and failure to keep right on a two-lane road. At 12:53 a.m. Feb. 27, Pahuta was arrested after a traffic stop on Alleghany Road. After an investigation, he was allegedly found to be driving while intoxicated by alcohol. He was released with appearance tickets and is due on Darien Town Court March 16. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Erik Andre.

Dustin Corey Herzog, 32, of Albion Eagle Harbor Road, is charged with petit larceny. He was arrested Feb. 23 and is accused of stealing property from a business on East Main Street in Batavia on July 1. He was arraigned in Batavia City Court and then released on his own recognizance. Herzog is due back in city court April 1. The case was handled by Batavia Police Officer Christopher Lindsay.

Antonio Joseph Pisa, 19, of Hollow Hill Lane, Rochester, is charged with unlawful possession of marijuana in the first degree. At 1:10 a.m. Feb. 19 on Clinton Street Road in Stafford, Pisa was allegedly found in possession of marijuana, homemade marijuana pills and crystallized THC following a traffic stop. Pisa was released on appearance tickets and is due in Stafford Town Court March 18. The case was handled by Genesee County Sheriff's Deputy David Moore, assisted by Deputy Nicholas Chamoun.

Jennifer D. Abrams and Tarus O. Fluitt are indicted for third-degree burglary, a Class D felony. It is alleged that on Sept. 16 in the Town of Le Roy that the defendants unlawfully entered the Kwik Fill on West Main Street Road intending to commit a crime. In count two, they are accused of third-degree criminal mischief for alllegedly intentionally damaging the property of another person in an amount exceeding $250 -- the front glass door of the Kwik Fill. In count three, Abrams and Fluitt are accused of fifth-degree conspiracy, a Class A misdemeanor, for allegedly intentionally agreeing to engage in conduct that constituted a felony.

Alex S. Dumbleton is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on Dec. 11 Dumbleton violated an order of protection while at a residence on Pearl Street in the City of Batavia. It is alleged that on that day he acted to intentionally harass, annoy, threaten or alarm a person protected from him by a court order and did this by striking, kicking, shoving or subjecting the victim to physical contact, or threatening to do so. In count two, the defendant is accused of second-degree criminal contempt, a Class A misdemeanor. It is alleged in count two that Dumbleton intentionally disobeyed an order of protection issued on April 26 by Batavia City Court. In count three, he is accused of endangering the welfare of a child for allegedly acting that day in a manner likely to be injurious to the physical, mental or moral welfare of a child under age 17. In count four, Dumbleton is accused of fourth-degree attempted criminal mischief, a Class B misdemeanor. It is alleged in count four that the defendant attempted to damage another person's property -- the driver's side door of the victim's vehicle. In count five, Dumbleton is accused of second-degree harassment for allegedly intentionally harassing, annoying or alarming another person by striking, shoving, kicking or otherwise subjecting a person to physical contact.

Cody A. Bush is indicted for the crime of third-degree assault, a Class A misdemeanor. On Feb. 14 in the City of Batavia he accused of intentionally causing physical injury to a person. In counts two and three, Bush is accused of fourth-degree criminal mischief, for allegedly intentionally damaging another person's property -- a bedroom door and a cell phone, respectively. In count four, the defendant is accused of fourth-degree grand larceny, a Class E felony, for allegedly taking a cell phone from a person. In count five, he is accused of a third count of fourth-degree criminal mischief for allegedly intentionally damaging an entryway door. In count six, he is accused of first-degree burglary, a Class B violent felony, for entering a dwelling with the intent to commit a crime and then allegedly causing physical injury to a second victim. In count seven, Bush is accused of third-degree assault, a Class A misdemeanor, for allegedly intentionally causing physical injury to the second victim.

Warren D. Post is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 24 in the Town of Batavia that Post drove a 2003 Chevrolet on Pearl Street while his license to drive was suspended or revoked by authorities and while he was under the influence of drugs or alcohol. In Special Information filed by District Attorney Lawrence Friedman, Post is accused of having been convicted of driving while ability impaired by consumption of alcohol on June 18, 2018 in Town of Coxsackie Court. That conviction forms the basis for the license revocation referred to in count one of the current indictment.

Roy A. Newton is indicted for the crime of driving while intoxicated, a Class E felony. It is alleged that on Oct. 30 in the Village of Le Roy that Newton drove a 2009 Hyundai on Main Street while intoxicated. In count two, he is accused of DWI, per se, also a Class E felony, for having a BAC of .08 percent or more at the time. In Special Information filed by District Attorney Lawrence Friedman, Newton is accused of having been convicted of driving while ability impaired by drugs, as a misdemeanor, on Nov. 22, 2017 in Town of Perry Court. The convicted was within 10 years of the crimes alleged in the current indictment.

Although delayed, the Genesee-Orleans Regional Arts Council reportedly will be receiving the full amount of its state funding that has been on hold due to the COVID-19 pandemic, giving Executive Director Gregory Hallock reason to believe the agency will be able to provide all of its services and programs in 2021.

“We just received word that we will be getting the full $127,000 (mostly from the New York State Council on the Arts), we just don’t know when the money is coming in,” said Hallock during an agency review Monday for the Genesee County Legislature’s Human Services Committee.

Hallock said that GO ART! had to “shut everything down” last March at the outset of the coronavirus outbreak, resulting in cancelled events, such as the July 4^th Picnic in the Park (it was held virtually) and the halting of renovations at the 201 E. Main St. facility.

“It was a scary situation, but we are seeing the light,” he said, adding that the agency currently has about $70,000 on hand, twice as much as he expected.

With the assurances of its usual monetary support – and through the utilization of Payroll Protection Program grants, GO ART! is ready to transition its two employees back to full time later this month and is “planning to be fully open on September 1st,” Hallock said.

He said he is excited about the new features at the building, including a dance studio – “we even have a disco light,” he said – as well as a film studio, podcast studio with soundproofing windows, a hair studio, remodeled kitchen, and library with a grand piano.

GO ART! is looking to open Tavern 2.0.1 in September, Hallock said, disappointed that it was in operation for just two and a half months in 2020.

“We’re ready to make a ‘big bang’ when we get the go-ahead to start that back up,” he said.

The executive director’s report pointed out the value of a cultural component, noting there is a 7:1 return on dollars spent both directly and indirectly.

“Indications show that in our very region, arts/cultural tourists spend an average of 50 percent more than residents do per event, with an emphasis on indirect spending in the restaurant and hospitality sectors,” he stated.

He said GO ART! is able to support local organizations and individuals through the NYSCA Decentralized Re-Grant Program.

More than $43,000 in grants funded by the NYSCA, namely “Reach,” “Ripple” and “Spark” grants, were awarded in Genesee County in 2020, he said.

“Reach” grant award recipients included the Genesee Valley Wind Ensemble’s concert season, Genesee Symphony Orchestra, Arc of Genesee/Orleans, Holland Purchase Historical Society, Elba Betterment Committee, Woodward Memorial Library, Genesee Chorale, ACORNS music in the park, Gillam Grant Community Center and the Batavia Concert Band.

Individual artists receiving “Ripple” grants were David Burke, Bart Dentino, Mandy Humphrey and Eric Zwieg.

Hallock said GO ART! spent $20,000 toward facility construction prior to the shutdown, and is set to resume the exterior and interior renovations, which are estimated to cost $218,000. Work will be done on the main entrance awning, kitchen roof, gutter system, storm windows and chimney.

GO ART! has received six grants for this project, totaling $199,500, he said, and is seeking grants to install an elevator, update the central air system and create a cultural garden.

The agency also is working on a partnering grant with the arts councils in Wyoming, Livingston and Monroe counties to share a full-time marketing director, Hallock said. Currently, GO ART! shares a full-time folklorist with Wyoming and Livingston counties.

Hallock said plans including offering the building for long-term room rentals, artist nights and other programs. Despite the pandemic, he said the agency assisted other organizations by using the building as a distribution site for food and clothing, and distributed 16,000 art kits to youth in Genesee and Orleans counties.

In legislative action, the Human Services Committee recommended approval of a resolution to allocate $6,500 to GO ART! for 2021. This is the same amount of funding that was appropriated in 2018, 2019 and 2020.

Additional doses of both the Moderna and Pfizer vaccine have been coming into Genesee County this week -- a welcome sign of better days ahead, according to the Genesee/Orleans public health director.

“After our allocation had been flat for four weeks, the county Department of Health has received 885 doses of the vaccine – 300 of the Moderna and 585 of the Pfizer,” Paul Pettit said this afternoon via Zoom during the Genesee County Legislature’s Human Services Committee meeting at the Old County Courthouse.

Pettit also mentioned that several “community partners” have received vaccines, with United Memorial Medical Center getting 200 doses and Tops Market in Batavia, Tops Market in Le Roy and Oakfield Family Pharmacy receiving 100 doses each.

He reported that Genesee Community College will be the site of two local vaccination clinics this week – from 11 a.m. to 3 p.m. Wednesday for first dose only and from 9 to 11 a.m. Friday for second dose only.

This is not the mass vaccination clinic at GCC that leaders in Genesee, Orleans and Wyoming counties have been vigorously asking for, but good news may be around the corner, Pettit said.

“We’re still working on the details of a potential mass vaccination location,” he said. “We expect more details tomorrow and will send out a press release as soon as possible.” 

He said 3,500 doses would be available if and when New York State officially approves the college as a regional vaccination clinic.

In related COVID-19 developments, Pettit said the state’s guidance on gatherings is expected to change on March 15, increasing the number to 150 people or 50 percent of capacity, and he said he anticipates the county receiving the Johnson & Johnson single-dose vaccine in a couple weeks.

He also urged state officials to update their guidance concerning people who are fully vaccinated.

“They already recognize the exposure aspect of it (that they don’t have to quarantine), but now they need to do the same when it comes to travel,” Pettit said.

Legislatively, the Human Services Committee approved two resolutions submitted by Pettit that reflect funding connected to the county’s effort to test for the virus and vaccinate against it:

• An agreement with the New York State Department of Health for the acceptance of the Immunization Action Plan contract for the period April 1 through March 31 in the amount of $25,651.20.

• An amendment to the county budget to reflect increases in overtime, Social Security, Medicare and Specialized Supplies totaling $13,566, with these costs offset by federal revenue.

Press release:

• Genesee County received 30 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 0-19s, 20s, 30s, 40s, 50s and 60s. 
  • Forty-three of the previous positive individuals have recovered and have been removed from the isolation list.  
  • Nine of the current positive individuals are hospitalized.
  • Six of the new positive individuals are inmates at the Buffalo Federal Detention Center.
  • We retracted three positive residents of The New York State Veterans' Home at Batavia that were determined to be duplicates. 

• Orleans County received eight new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
    • East Region (Kendall, Murray, Clarendon)
  • The individuals are in their 0-19s, 30s, 40s, 60s, and 80s.
  • Three of the new positive individuals were under mandatory quarantine prior to testing positive.
  • Twenty-five of the previous positive individuals have recovered and have been removed from the isolation list.
  • One of the current positive individuals are hospitalized.

There were a few storylines to take note of going into this afternoon’s Monroe County Division IV girls’ basketball game featuring the host Batavia Lady Devils and the Honeoye Falls-Lima Lady Cougars.

One, could Batavia avenge a loss to the HF-L earlier this season and hand the Lady Cougars their first league defeat?

Two, could the undersized Lady Devils find a way to prevent 6-foot-1 junior center Teagan Kamm from dominating on both ends of the floor?

And three, could senior guard Mackenzie Reigle find a way to maneuver through and around a defense set up to stop her and running mate Bryn Wormley to score the 16 points she needed to reach 1,000 points in her varsity career?

Well, the answers – in order – are (1) yes, (2) yes, after the opening quarter, and (3) almost.

Getting contributions from eight players, Batavia posted a 55-51 win over HF-L, dropping the Lady Cougars to 6-1 in the league and 6-3 overall.

The Lady Devils’ sixth straight victory puts them at 6-2 in league play and also 6-3 overall.

Reigle scored 15 points – and now has 999 points since being called up to the varsity late in the season as a seventh-grader – and Wormley added 13 for Batavia, but it took clutch baskets by their teammates to put them over the top.

Tess Barone tallied eight points – four during a 9-0 run late in the third quarter that gave the Lady Devils a 37-33 lead – while Kennedy Kolb added seven, Haylee Thornley five, Tianna Rhim four and Rachel Wright three.

Rhim, a junior, made her presence felt in the second half – using her size and strength while matching up with Tamm and enabling Batavia to have success on the defensive boards. Reigle led the way with eight rebounds (to go with her six assists and six steals) while Kolb pulled down six caroms; Rhim and Wormley five each; Barone, Thornley and Wright four apiece, and Bella Houseknecht two.

Kamm led all scorers with 18 but had just eight points after intermission, with the last three coming on a three-point shot with three seconds left. She scored nine of her team’s 10 points in the first quarter.

Batavia led 14-10 after the opening period and HF-L led 22-19 at halftime. The Lady Devils rallied to outscore the visitors 20-14 in the third period for a 39-36 edge.

The Lady Cougars took a 43-42 lead on Kamm’s layup with 5:25 left in the game before Batavia responded to move ahead, 49-44, on an offensive rebound and basket by Rhim, three-pointer by Reigle and layup by Kolb on a nifty assist by Reigle at the three-minute mark. The home team stayed in front the rest of the way.

Reigle sank two free throws and, with 1:09 remaining, drove in for a basket to pull within one of 1,000 points, but she will have to wait for Tuesday night’s home game against Greece Olympia to reach the milestone.

After the game, she seemed to take it all in stride, giving credit to her teammates.

“They (HF-L) are a tough team and played a triangle-and-two to try to stop us (her and Wormley), but the other girls took the shots when they were open and they came through,” Reigle said.

Seniors Olivia Friedlander and Hannah Selke scored nine points each and sophomore Clare Ruff added seven for HF-L, 64-50 winners over Batavia on Feb. 11.

The House of Representatives Friday passed a $1.9 triillion stimulus bill but NY-27's Rep. Chris Jacobs was not among those who voted in support of the package.

Jacobs called the bill a "partisan package" that did not meet the needs of all Americans. The Republican congressman accused Democrats of rejecting efforts to reach a bipartisan compromise.

Here's his statement:

“Today, we didn’t vote on a focused, fiscally responsible, or targeted COVID-19 relief bill. The bill before the House today was a partisan package designed to advance an agenda, not the needs of the American people. Sadly, Democrats have rejected over 200 attempts at bipartisan consensus to cut costs and improve this legislation.

“More support is needed to defeat COVID-19, and I would have supported a targeted measure that bolstered vaccine distribution, aided struggling local governments, and reopened schools. Yet only 9 percent of the total funding of this package goes to public health measures to defeat COVID-19, and only 5 percent of the $130 billion in school funding will be used this year. In fact, $670 billion of this total package will not even be spent in 2021.

“This bill should have focused on the immediate needs to protect Americans and reopen our country. However, with over $1 trillion still left unspent from previous aid packages and no bipartisan input to craft this legislation – the result can only be described as a disservice to the American people. While there are provisions in this bill I support, it contained numerous provisions that I could not in good faith support or justify.”

The bill passed without a single Republican House member supporting it and two Democrats joining in with the opposition.

If the bill passes the Senate -- which is by no means certain -- it would mean a third round of pandemic-related stimulus checks for Americans, this time for $1,400 per taxpayer.

The bill also includes $350 billion for state and local governments, a proposal generally opposed by Republicans in the Senate. The GOP opposition is based on a belief that Democratic-controlled states have bungled their own finances and shouldn't be bailed out by the Federal government. But even some Republican governors have said their states need the aid.

Jacobs has repeatedly said he supports providing financial support to local governments. He issued statements in October and November calling for more pandemic-related aid to local governments.

A spokesman for Jacobs noted that the congressman supported the CARES act, which allocated funding to local governments, with larger cities getting a direct distribution while it was up to the state to distribute the funds to smaller municipalities and counties. The spokesman said that New York Gov. Andrew Cuomo has dragged his feet in this regard.

"Furthermore, the CARES Act had a provision that required funding given to governments could only be used for COVID-19 related expenses, not to cover deficits or lost revenues," the spokesman said. "This was done to ensure mismanaged state governments, such as New York that had a $6 billion budget deficit prior to COVID, could not use the relief funding to cover their own prior expenses."

Jacobs is a cosponsor of the SMART Act, which would provide $500 billion to state and local governments, with one-third, or $161 billion, going directly to local governments. The aid would be distributed on proportional need, and county governments could use this funding to cover revenue losses, COVID-19 expenses, and other costs.

The bill has been stalled in a House committee since the fall.

But Jacobs continues to support the need to provide more relief to local governments, the spokesman said, even if he couldn't support the current stimulus package.

"The Congressman understands the impact that COVID-19 has had on budgets, especially at the local level," he said. "He recognizes these localities need this aid urgently, given they provide essential services ranging from EMS to public safety to education, and they also employ thousands of individuals across NY-27."

Genesee County Manager Matt Landers said he's been receiving numerous phone calls and text messages this morning after reports in the media surfaced that Genesee Community College will be designated as a COVID-19 mass vaccination site beginning March 5.

More importantly, he said that governmental leaders in the area are still working on that possibility, but nothing is official.

"It's still preliminary; we're still talking. There really isn't anything that we can release," Landers said. "We're hoping that we will be able to provide a press release -- maybe on Tuesday. At this point, we don't have any details that we can officially release."

Stories on websites of a local newspaper and a Buffalo television website indicating that GCC will become a mass vaccination clinic location came out of the Finger Lakes Region "control room" meeting with the governor's office on Friday. 

WGRZ-TV reported, according to a spokesperson, that the goal of the weeklong clinic is to give 500 doses per day for the seven days, and that employees of the Genesee. Wyoming and Orleans health departments and volunteers will handle the vaccinations.

Landers said he thinks "somebody missed a step" by stating that things have been finalized.

"There's planning and there's a process, and at this time there really isn't anything newsworthy that we can release," he said, adding that state and local leaders have yet to walk through the site to work out the logistics of how the clinic will be set up.

Last week, legislators and public health directors in the three counties sent a letter to Gov. Andrew Cuomo urging him to authorize the use of the GCC campus as a regional location to administer the vaccine.

The construction of a hydrogen fuel production facility at WNY Science and Technology Advanced Manufacturing Park will have benefits for Genesee County that go far beyond the 68 jobs expected to go along with the $290 million project, said Steve Hyde, CEO of the Genesee County Economic Development Center, in an interview this afternoon.

Besides positioning STAMP to potentially be a big part of New York's green energy future, Plug Power has agreed to invest more than $55 million in a 450-megawatt electrical substation that other potential STAMP manufacturers can tap into.

"This is a big, huge investment," Hyde said. "This will more than double our investment into infrastructure in STAMP."

While some infrastructure is already in place much of the infrastructure construction for STAMP has been on hold until an advanced manufacturer agreed to locate a plant in the 1,250-acre mega site. Now the business development team at GCEDC will be able to tell site selectors that critical infrastructure, such as the substation, will be in place by a time-specific date.  That may help some site selectors who have been kicking the tires of STAMP -- including, according to news reports, Samsung -- make a final decision about their construction plans.

STAMP has been Hyde's dream project for more than a decade and throughout all these years he has cheerfully repeated, "economic development is a marathon and not a sprint." He used the phrase again today.

And he's not across the finish line yet. There is still a purchase agreement to complete and get approved by the GCEDC board with Power Plug as well as ironing out the final figures on an incentive package to help bring down development costs for the company. Typically these include a PILOT (payments made in lieu of taxes), and tax abatements on construction materials.

New York has already committed to providing $2 million in tax credits for job-creation its Excelsior program. These are incentives the company will not receive unless they meet job creation targets.

Plug Power will tap into clean hydroelectronic power from Niagara Falls to convert water into hydrogen and oxygen. The hydrogen will be liquified, stored in tanks, and transported to Henrietta where Power Plug is building a hydrogen fuel cell factory. 

Many of those fuel cells will be used in forklifts and other warehouse equipment used by companies like Walmart and Amazon, giving those companies a cost-effective and 100-percent carbon-free source of energy for a key part of its operations.

Hydrogen fuel cells will also be available for long-haul trucking as well as other applications.

"We're going to be part of a 100-percent green, renewable energy ecosystem," Hyde said.

He said that will help make STAMP attractive to other companies participating in New York's push to replace fossil fuels with renewable energy. 

That viewpoint mirrors the opportunity for STAMP to become an innovative hub for green energy with 1366 Technologies, which manufactures state-of-the-art solar wafer chips, announcing its intention to build a plant in STAMP in 2015. That proposal fell apart after years of delays because the Department of Energy would not sign off on a previously promised loan guarantee. Then Rep. Chris Collins apparently did nothing during that time to help push the project along with the DOE.

The DOE will not be as heavily involved in this project and Rep. Chris Jacobs seems to have no reservations about supporting the project. He issued this statement this evening:

“Landing Plug Power is an incredible win for Genesee County and the entire region. Thanks to the great work of the Genesee County Economic Development Center, the STAMP site is attracting high-tech, innovative businesses to bolster our region and provide high-paying jobs to Western New York. This is only the beginning, and I’ll do whatever I can to help bring more opportunities to our area.”

The Plug Power plant is expected to produce 45 tons of hydrogen fuel on a daily basis. 

The New York Power Authority is supporting the project with: 

• 10 MW allocation of low-cost hydropower from the Niagara Power Project;
• $1.5 million from the Western New York Power Proceeds program;
• 143 MW of High-Load Factor power that NYPA will procure for Plug Power on the energy market.

Power Plug is investing another $125 million in a facility in Henrietta to create fuel cells. The project is expected to create another 377 jobs for the region.

In a statement released yesterday, Plug Power CEO Andy Marsh said, "Plug Power's future rightfully revolves around building the green hydrogen economy. We are grateful our home state of New York supports aggressive climate and clean energy initiatives. And, that Plug Power's green hydrogen solutions can make such an impact on positive environmental and economic climates in the state."

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Press release:

• Genesee County received 21 new positive cases of COVID-19.
  • The new positive cases reside in the:
    • West Region (Alabama, Darien, Pembroke)
    • Central Region (Alexander, Batavia, Bethany, Elba, Oakfield) 
    • East Region (Bergen, Byron, Le Roy, Pavilion, Stafford)
  • The individuals are in their 20s, 40s, 50s, and 60s. 
    • Three of the previous positive individuals have recovered and have been removed from the isolation list.  
      • Fourteen of the current positive individuals are hospitalized.​

​

• Orleans County received five new positive cases of COVID-19.  
  • The positive cases reside in the:
    • West Region (Yates, Ridgeway, Shelby)
    • Central Region (Carlton, Gaines, Albion, Barre)
  • The individuals are in their 0-19s, 20s, 30s, 50s and 60s.
  • Five of the previous positive individuals have recovered and have been removed from the isolation list.
  • Zero of the current positive individuals are hospitalized.
  • We are deeply saddened to report the COVID-related death of a resident of Orchard Rehabilitation & Nursing Center. We do not report any further information to protect the privacy of the individual and their family. We extend our deepest condolences to the family and friends of this individual during this very sad time.

Officials with Immigration and Custom Enforcement (ICE) don't see things the way a group of activists in the area do when it comes how detainees at the Buffalo Federal Detention Facility are being treated in the age of the COVID-19 pandemic.

Activists say the conditions have led to two detainees going on a hunger strike. An ICE spokesman confirmed that as of Feb. 18, there were two individuals on a hunger strike. It's unclear if that's still the case. One person familiar with the facility indicated one of the hunger strikers may have been returned to Canada.

Representatives of Justice for Migrant Families of WNY, which is based in Buffalo, claimed during a press conference on Tuesday that during the recent COVID-19 outbreak, COVID-positive patients have been kept in solitary confinment, that conditions in the facility are unsafe and represent a health threat to the Genesee County community, particularly since, in their view, detainees are being held purely for violations of immigration laws.

ICE officials dispute these allegations.

JMF played two recordings of men they said were detainees at the facility who were on hunger strike.

One man identified himself as Raul (no last name provided).

"I am doing this because I suffer from depression almost every night and I throw up and that's why I'm doing this," Raul said. "I have PTSD. I suffer a lot. And that is why I am doing this."

He added, "I want them to release me. I cannot hold on being here longer. I don't know. I suffer a lot from depression and I am afraid that I will get infected with the virus because I have heard there are a lot of infected people here."

We asked Jennifer Connor, executive director of the organization, if anybody from the group had spoken to Raul and warned him that not getting proper nutrition could weaken his immune system and potentially put him at greater risk, and she said, "The hunger strikers are putting their health at risk. They certainly are, and no one undertakes that lightly.

"It is something that people have resorted to when they are truly desperate. It's a real cry for help. They are essentially saying, 'if if you do not hear me, if you do not end this suffering, then I am going to risk my life to make my voice heard.' So I don't think people take that risk lightly."

A spokesman for ICE said facility personnel closely monitor detainees on hunger strike:

In general, ICE fully respects the rights of all people to voice their opinion without interference. ICE does not retaliate in any way against hunger strikers. ICE explains the negative health effects of not eating to our detainees. For their health and safety, ICE closely monitors the food and water intake of those detainees identified as being on a hunger strike.

ICE’s detention standards concerning hunger strikes may be reviewed here.

Raul claimed that detainees are not required to wear masks. The ICE spokesman said detainees are issued five masks upon entry and can request new masks as needed. They are required to wear them in common areas but not required to wear them in their own housing units.

Connor and Mary Rutigliano, a local resident who is a member of the Rochester Rapid Response Network, complained that contractors who work as guards at the facility as well as facility employees are not required to be tested for COVID-19.

Rutigliano expressed a lot of concern about employees coming and going from the facility as they could be asymtompatic carriers. 

"(Batavia) is the gateway between the Finger Lakes Region and Buffalo," she said. "So people moving through, stopping in Batavia. That's a huge issue for two big regions in our state."

A source familiar with the facility said ICE has no authrority under the law to require anybody to get tested or to receive a vaccine.

Connor and Rutigliano both complained about COVID-positive patients being kept in solitary confinement.

According to our source, there is no such thing as "solitary confinement" at the facility.  

When The Batavian toured the facility in 2018, we learned there are isolation rooms for people who might be infected with communicable diseases as well as rooms that can be used to isolate detainees involved in conflicts for a cooling off period. 

Detainees, however, are not cut off from the world as they would be in solitary confinment in a prison. They retain, for example, their iPads.  

The ICE spokesman said, "Individuals who are exposed to infectious illnesses are cohorted from non-affected detainees in accordance with CDC  (Centers for Disease Control and Prevention) guidelines. Within these separate areas they are still free to walk about and engage with each other and staff."

Previously, The Batavian was told COVID-positive detainees were cohorted in two pods and not intermingled with non-COVID detainees.

The only solution to the problems outlined by the activists, Rutigliano said, is for the population of the facility to be reduced but the facility can house more than 600 detainees. The current population is 139, or 35 percent of its capacity, the ICE spokesman said.

A source familiar with the facility said more than 80 percent of the current population are people referred to immigration by state and federal courts because of criminal cases and the rest are held by order of the immigration court. ICE is not holding people at the facility on its own authority. Since the start of the pandemic, ICE has maintained a policy of releasing everybody who can safely be released, the source said.

Rajea S. Thomas is indicted for the crime of first-degree criminal contempt, a Class E felony. It is alleged that on April 30 that Thomas, while at a residence on Thomas Avenue in the City of Batavia, violated an order of protection with the intent to harass, annoy, threaten or alarm a person protected by the order, by striking, shoving, kicking or otherwise subjecting the person to physical contact, or he threatened to do so. In count two, Rajea is accused of criminal obstruction of breathing or blood circulation, a Class A misdemeanor, by allegedly applying pressure to the neck or throat of the victim. In count three, the defendant is accused of attempted criminal mischief in the fourth degree, a Class B misdemeanor. It is alleged in count three that Rajea on that day prevented, or attempted to prevent, the victim from communicating a request for emergency assistance.

The loss of Bob Knipe is one which will be felt in nearly every corner of Genesee County.

Knipe, 73, died Saturday at home after a brief illness, with his family at his side.

Knipe came to Genesee County from the West Coast to work at Genesee Community College, where he spent 23 years before retiring as dean of Learning Technologies. 

“It wasn’t just the college Bob was passionate about,” said S. Shade Zajac, conductor of the Genesee Symphony Orchestra, in which Knipe played the French horn. “Rotary, GO ART!, United Way – he was involved in them all. He had a deep love of community. He touched so many people.”

Zajac recalls the first time he met Knipe at GO ART!, where he interviewed for the job as orchestra conductor. 

“I got there early because I was so nervous, and Bob met me at the door,” Zajac said. “He called me by my first name and that put me ease.”

He said Knipe was never one to shy away from a joke, corny or otherwise. He played in Zajac’s trial concert, and the first conversation they had after Zajac got the job was about all the different projects Knipe wanted to do with the orchestra. 

“Bob was a staunch supporter of this orchestra back before I was born,” said the 27-year-old conductor. “Performing and music – that was Bob. He loved to play with the orchestra and they loved him. Bob’s love and knowledge of the orchestra are undisputable. To say he was loved and respected throughout the entire orchestra is an understatement.”

Before Knipe’s death, the orchestra had been planning a virtual concert in his honor.

“We had sent the music we were going to play to Bob’s wife, Linda, and she played it for him,” Zajac said. “He was very touched.”

When the orchestra learned about the concert paying tribute to Knipe, Zajac said the response from the entire orchestra was overwhelming. 

“It is a tribute to how much he was loved and respected," Zajac said.

Even Patty Hume from GCC contacted Zajac and asked if they would like to use space at the college to perform. In addition, the college’s tech team will assist with the recording.

The music for the program is peaceful and quiet, because Knipe’s wife did not want the music to be sad.

The virtual concert is scheduled for March 26, and to watch the livestreamed concert from GCC's Stuart Steiner Theatre, folks should go to the orchestra’s website to find a live link to tune into at 7:30 that evening. 

There will be a donate button for those who wish and funds which come in will be given to Knipe’s family to establish a memorial as they wish, said Roxie Choate, president of the orchestra's Board of Directors.

The orchestra is suggesting the Knipe family consider setting up a college scholarship fund for a high school senior who will be entering the field of music.

Marjorie Fulmer shared her memories of playing flute with Bob in the GSO.

“I’m not sure how many years Bob has been a member of the GSO, but I’ve been a member for 35 years and he has been there most of that time," Fulmer said.  "We also spent many years on the board together, and we were co-presidents for a couple of those years. His boundless enthusiasm and true love and appreciation for the orchestra always came through loud and clear.

"He seemed to have endless energy for both the mental and physical aspects of running a community orchestra. He was constantly the one who schlepped around the music stands to various venues and set the stage up countless times so it would be ready for the other musicians at rehearsals and concerts. While many of the orchestra members are music teachers or have some kind of professional background related to music, Bob did not.

"So many times he told me that one of the goals of a community orchestra should be inclusiveness and he totally appreciated that the GSO included him. The arts in Genesee County have much to thank Bob Knipe for.”

Barb Meyer, a fellow hornist with Knipe, shared some of the light moments they enjoyed in the orchestra. Her memories are of the times they would get in trouble for playing too aggressively or missing their entrance and were chided for talking and not paying attention. 

Meyer said Knipe wore many hats in the orchestra, as operations manager, as well as president. He loved pranks, she said, and it was not unusual for the conductor to turn around after speaking to the audience only to see the horn section decked out in something on their heads. Knipe’s favorite was his big bag of reindeer antlers and Santa hats for the annual holiday concert.

“I will miss his sense of humor, dedication and love of music, in addition to the corny music jokes and pranks,” Meyer said.

She also noted a rare coincidence -- that her horn and Bob’s are both Conn 8D models, and were built within a short time of each other, as the serial numbers are close.

“What are the chances of that in the same orchestra?” she asked. 

Gregg McAllister became friends with Knipe through their involvement in Rotary 30 years ago.

“Bob was the kind who immediately put down roots and became involved in his community,” McAllister said. “He became involved because he wanted to better the community where he lived. Bob was involved in so many things and he was such a pleasure to work with. He was always willing to take on the job as board member or leader, but he wasn’t afraid to get his hands dirty, either.”

McAllister cited a recent gleaning project undertaken by Rotary, where Knipe was there with his pickup collecting beets. When they cleaned up Rotary Park and made repairs at the Domestic Violence Safe House, Knipe was there working. 

One day week, Knipe volunteered to drive military veterans to medical appointments.

McAllister said one very important program Knipe was involved in with him for 25 years was Rotary’s Youth Exchange Program, which provided life-changing experiences for youth from around the world. As a result, tributes and condolences have been coming in from all over the world.

“Bob loved to travel to other countries, but he loved Batavia, too,” McAllister said. 

Board President Choate was also a member of the Batavia First Presbyterian Church with Knipe. 

“He was very involved with the church, holding some of their decision-making positions,” she said. “Wherever Bob was, he held a strong leadership role. Bob was also a huge family man.”

Conductor Zajac added a comment about the orchestra’s holiday presentation of “Encore” at Christmas time.

“As a member of the GCC faculty, Knipe had tried for many years to make the holiday concert happen with the Genesee Symphony,” Zajac said. “The day I told him, he was ecstatic. To me it is incredibly fitting and heartwarming that Bob’s last concert should be ‘Encore.’ ” 

Knipe’s full obituary can be read here on The Batavian.

Top photo, by Howard Owens.

Photo below, courtesy of Genesee Symphony Orchestra.

Bottom photo, by Howard Owens.

Directors of the Western Regional Off-Track Betting Corp. this morning authorized the purchase of the Hotel at Batavia Downs from ADK Hospitality LLC for $8 million.

The action, which was approved by a 13-1 margin with one abstention, provides WROTB with the opportunity to "expand our customer service to our patrons and to our guests who come here," said WROTB President/CEO Henry Wojtaszek following the public benefit company's board meeting.

"We had an opportunity to strike an agreement with the current owners and we believe that the price is appropriate and we believe it will help enhance what we have to offer to our guests."

Wojtaszek said WROTB has submitted a financing plan that he feels is "appropriate and reasonable, so now we're going to go ahead and try to complete the deal."

He said he anticipates a closing date sometime in April and is looking forward to be able the market the hotel more extensively.

"We will have a renewed focus on marketing," he said, noting the many tie-ins to the casino such as weddings, trade shows, movie nights and dinner/overnight packages. "Being able to be marketed by us will be a big advantage."

Wojtaszek said the plan is to continue contracting with Hart Hotels to manage the hotel on Park Road.

Chief Financial Officer Jacquelyne Leach reported that WROTB will be able to capitalize on historically low interest rates, utilizing 20-year tax exempt bonds to project a savings of $600,000 as it bundles the refinancing of a balloon payment due in October 2023 with the hotel purchase expenditure.

"Being a public benefit corporation, we have to publicly advertise this," she said, adding that she currently is negotiating with Key Bank and Tompkins Bank of Castile.

In November 2016, Batavia Downs Gaming and members of the hotel ownership team cut the ribbon on the 84-room, luxury hotel.

ADK Hospitality LLC is a Buffalo-based development team that purchased land from WROTB in March 2015 and invested $7.5 million to build the facility.

Director Paul Lattimore Jr. (Cayuga County) cast the "no" vote. An email to Lattimore, who joined the meeting via Zoom, has yet be be returned.

Stage Purchase May Lead to More Concerts

WROTB directors also approved a resolution, by a 14-1 vote (with Lattimore voting against it), to purchase the stage and roof truss, along with crowd control barricades and two storage containers from Audio Images Sound & Lighting, a Batavia firm, for use at the corporation's Summer Concert Series at a cost of $129,460.

"This is certainly a good economic move for Batavia Downs. We believe that purchasing this equipment ... will pay for itself within the first two to three years of the purchase. We intend to have concerts for a long time," Wojtaszek said.

"The equipment that we are purchasing is in very good shape and we have a capable maintenance staff here on site that will be able to keep that in good shape for years to come. And we're looking to have more concerts than the six to eight that we've had."

The 2021 concert series has yet to be finalized but two performers have been announced -- Steve Augeri, formerly of Journey, on June 25, and Don Felder, formerly of The Eagles, on July 9.

Other concerts and their tentative dates are Skid Row, June 25; The Machine (Pink Floyd Tribute), Aug. 7.

Wojtaszek said his leadership team is trying to set up more concerts, possibly starting in May. If necessary, they would take place in a "pod" setting, he said, with about 1,500 in attendance instead of 5,000.

Directors approved a related resolution to spend up to $274,000 to pay the Summer Concert Series musical acts.

In other developments, directors:

• Approved the sale of the McKinley OTB branch in Buffalo to Alaskan Properties I LLC for $900,000.

Wojtaszek said the buyers are a retail business and hopes to close the transaction during the summer.

Leach reported that proceeds will go toward paying down two loans, a letter of credit pertaining to workers' compensation self-insurance and to the capital acquisition fund.

• Approved an agreement with Cumulus Broadcasting (97 Rock FM) to become the title sponsor the the 97 Rock Tour Bus for April 2021 throught March 2023 at an annual cost of $20,000. 

Benefits to the corporation include hundreds of on-air promotional mentions, the sponsor log and link on the 97 Rock website, ability to distribute promotional coupons, a vinyl wrap of the logo on the tour bus, three "remote location" broadcasts, and four tickets to a suite at a Buffalo Bills game.

• Received financial reports as follows:

-- WROTB distributed $55,455 in surcharge to the member municipalities for December and will distribute $69,342 for January. The corporation also generated operational earnings of $81,691 in January.

-- Batavia Bets, the company's interactive online wagering platform, saw a 67-percent increase in January, bringing in $581,000, and is up 43 percent in February at $317,000.

Previously: Hotel ribbon cutting officially marks 'transformation' at Batavia Downs Gaming

Anyone who follows the activities of the Batavia City Council is fully aware of the fact that longtime Council Member Rose Mary Christian – in her unique brusque and outspoken style – strongly advocates for her Sixth Ward (the Southside), fully supports the city’s police and fire department, and constantly looks out for the taxpayer.

On Wednesday, she contacted The Batavian to share her views on a few items currently on Council’s docket, starting with the management situation at the Batavia Ice Rink on Evans Street.

Christian said she is not on board with a recommendation before the city’s governing body to allow Firland Management, the company that operates the rink, to make a lease payment nine months after the original due date and to contribute a reduced amount to the rink’s capital improvement fund.

Council, at Monday night’s Conference Meeting, agreed to forward the proposal to its March 8^th Business Meeting for a formal vote.

A memo from Interim City Manager Rachael Tabelski to Council spells out a reworking and extension of the lease agreement with Firland, reducing and deferring the firm’s payments due to the impact of COVID-19 upon its bottom line in 2020. The rink was closed for most of the year and just recently has welcomed back youth league and high school hockey teams.

Christian said she doesn’t buy that reasoning.

“There are numerous businesses in the City of Batavia that are hurting,” she said. “Are we going to defer anything for them – property taxes, school taxes, anything? I don’t think so, and that’s why I’m not voting for the resolution coming in two weeks.”

Tabelski, through negotiations with Firland, introduced a plan to let Firland make its next lease payment of $25,000 on Jan. 1, 2022 instead of the current due date of March 1, 2021, and also to reduce its contribution to the rink’s capital fund for 2020-21 from $32,958.30 to $5,000.

She also is proposing to extend the contract from its current ending date of March 31, 2021 for two years through March 2023.

Therefore, Firland’s lease payments will be $20,000 annually for 2021-22 and 2022-23 and its capital fund contribution will be $5,000 annually for the next two fiscal years.

Christian said the city has seen its revenue decline and, noting the costs involved with maintaining the rink, feels it would be unwise to go this route.

“Rachael sent me an email stating that the annual cost for keeping the refrigeration system at the rink is $11,500, and the city pays for that,” Christian said. “So, in reality, taxpayer money is used to cover that expense.”

Tabelski explained that the intent of the lease and capital payments (paid to the city by Firland) covers the costs of maintenance at the facility and contributes to the Ice Rink Reserve for Capital Improvements.

The city currently has $370,000 in ice rink reserves. If the refrigeration system was to fail, it could cost up to $750,000 to purchase and install a new one.

“That’s a far cry if it comes to $700,000 and we have to replace it,” Christian said. “And that becomes another burden upon city taxpayers.”

In a story posted on The Batavian on Tuesday, Tabelski suggested the manager’s office – within a year or so -- conduct an analysis and study, and present a strategy to Council “with the goal of bringing it back to full capacity and to potentially attract a buyer.”

Christian said she hopes someone or an organization would purchase the facility.

“We do not belong in business. I, myself, would like to privatize that all the way so someone can own it and take care of the responsibility,” she said. “Not every child in Batavia is afforded that ice rink. They can’t afford the fees charged to play hockey; it’s just the elite.”

Christian sounded off on a couple of other recent City Council agenda items:

-- On having vacant public safety positions in the 2021-22 budget:

“I’m sorry that we have to not fill a couple positions with the police department and the fire department. Safety is my No. 1 concern,” she said.

Christian said city funds used to support the Batavia Development Corp. should go back into the general fund, and potentially could be used to hire public safety personnel.

Tabelski, in response to an email from The Batavian, stated that the city is paying $95,000 to the BDC this year – down from the usual amount of $110,000 -- “via an agreement that was established years ago to provide economic development services in the City.”

She explained that the BDC is a public authority and has its own budget and operating costs, and can bring in its own revenue at times from grants, project fees or real estate sales. Recently, the entity has been successful in obtaining New York Main Street grants and money from the state’s Downtown Revitalization Initiative for several building renovation projects in the city.

The BDC employs a full-time director of economic development at a current salary of $65,000.

Christian said the corporation should be at a point where it can sustain itself.

“Do you know where that salary belongs? It belongs with the BDC. They should be paying for it,” she said.

-- On the strong possibility that the city will contract with the Genesee Area Family YMCA for its after-school and summer recreation programs:

“I’m happy that (District Executive Director) Jeff Townsend is going to be in charge of it for the YMCA. I think they are going to do an outstanding job for the kids,” she said.

Christian said the $1,100 rent payment to City Church for the use of the Liberty Center for Youth (the former St. Anthony’s School building) on Liberty Street is fair.

“It’s a good fee for that building. It will serve the kids well and also it will be used on Tuesday nights for their open gymnasium.”

Genesee County Manager Matt Landers today said he is hopeful that an urgent request to the governor’s office to designate Genesee Community College as a COVID-19 mass vaccination will become a reality.

Legislative leaders and public health directors in Genesee, Orleans and Wyoming counties last week sent a letter to Gov. Andrew Cuomo to authorize the use of the GCC campus as a regional location to administer the vaccine.

“We remain optimistic at this point that our request will be heard,” Landers said during a Genesee County Legislature meeting at the Old County Courthouse. “There is some hope and optimism through discussions with the Finger Lakes (Region) control room.”

The letter stated that the three counties have experienced delays in testing supplies and now have not received enough vaccine, adding that “having a regional clinic with less than a half hour commute would benefit these communities."

Genesee County lawmakers are confident that they have enough staff and volunteers to vaccinate 2,000 or more people per day.

Copies of the letter were also sent to Genesee, Orleans and Wyoming Counties state representatives, Assemblyman David DiPietro, Senator Patrick Gallivan, Assemblyman Stephen Hawley, Assemblyman Michael Norris, Senate Minority Leader Robert Ortt, and Senator Edward Rath III.

On another front, Landers said that he and John Welch Jr., Orleans County chief administrative officer, were on a call with New York Association of Counties officials to talk about the two counties’ plan to build a joint jail on West Main Street Road in Batavia.

“We are focused on our joint jail and we talked about the history of the Genesee County Jail. And because of the governor’s budget wording, there is new, revised hope that there will be an opportunity (for it),” he said. “Obviously, we have a close partnership and a history of sharing with Orleans County – a willingness of two administrative bodies to do what is right for the taxpayers in the least costly manner.”

Landers said Genesee is moving forward with the project as it has asked a design firm to update its jail study to determine the proper number of beds.

“If they (Orleans County legislators) aren’t able to decide or meet the timeline we have … they could always jump in down the road (through) future expansion,” he said.

He also shared that in Albany County, excess jail beds were used to create a homeless shelter.

A report by Legislator Gary Maha indicated that if a federal stimulus plan passes in mid-March, counties who certify their COVID-related financial losses would be able to be reimbursed in 60 to 90 days.

In legislative action, Wade Schab of Alexander, a longtime parademic, was approved as a Genesee County coroner, replacing Jeff McIntire, who relocated to Florida.

Previously: Ways & Means supports resolution appointing Wade Schwab to fill vacant county coroner post​

Jessica Newton -- wife, mother, daughter, sister, friend and nurse -- needs the community's help as she struggles to regain her health and her strength.

After being diagnosed with COVID-19 and spending six days in the hospital, she returned home only to suffer a stroke a day later. She went back in the hospital and though is again back home recovering.

"One thing she isn't is a quitter. ... Jess...is staying strong so she can come home to her husband TJ and her two sons, Maverick and Emmett," according to a note sent to The Batavian by the Newton and Johnson families.

They are holding a drive-thru chicken BBQ for her from 12 p.m. until sold out on Saturday, March 6, at St. Maximilian Kolbe Roman Catholic Parish, located at 8656 Church St. in East Pembroke.

Tickets for "Racing to Recovery" are $12 each. There will also be a walk-thru basket raffle at the church that day.

Money raised will help the Newton family offset their medical expenses and help them now that Jessica, for the time being, is unable to work.

You can buy tickets, and/or drop off monetary donations or a raffle basket at:

• Johnsons Automotive, located at 4003 W. Main Street Road, Batavia. (585) 343-6871
• or Ron & Newt's Sales and Service Inc., an automotive body shop located at 2452 Main St., East Pembroke. (585) 762-9122

Jess's friends and family say they appreciate the outpouring of love and support given to the frontline healthcare worker and her family.

The note continues: "This road the family is about to go down is unpredictable and may have bumps and turns, but one thing is for sure -- it will never be a road they travel alone."

Timothy M. Tundo, 57, of Linden Road, Bethany, was arrested Tuesday after an execution of a search warrant by the Local Drug Task Force that allegedly uncovered machine guns, LSD, and money.

The Sheriff's Office reports that besides the LSD, in an amount that suggests it was being sold, they also found marijuana.  

Weapons recovered include an AR-15 style pistol, declared a "ghost gun" (unmarked and unregistered), two fully automatic machine guns, and five assault-style weapons. They also recovered 10 high-capacity magazines, an ammo belt, and brass knuckles.

Tundo is charged with criminal possession of a controlled substance, 5th, two counts of criminal possession of a weapon, 2nd, 12 counts of criminal possession of a weapon, 3rd, criminal possession of an assault weapon, 3rd, criminal possession of a weapon, 4th, and criminal possession of marijuana, 2nd.

The suspect is being held in the Genesee County Jail in lieu of bail (unspecified).

The task force was assisted by uniformed deputies, State Police VGNET, State Police SORT, State Police CCERT, and the District Attorney's Office.

Steven Luigi Maltese, 51, of Clinton Street Road, Bergen, is charged with third-degree menacing and endangering the welfare of a child. At 4:05 p.m. on Feb. 19, deputies responded to the 4000 block of South Main Street in the Town of Batavia for a reported domestic incident. After an investigation, Maltese was arrested for allegedly threatening a female victim in the presence of a juvenile during a domestic dispute. He was arraigned in Genesee County Court and is due back there on April 5. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Benjamin J. Lathan, 20, and Brandon C. Lewis, 20, both of Bergen (no addresses provided) were arrested Feb. 21 by State Police out of the Amity Barracks and charged with petit larceny and trespass. Troopers investigating the January theft of three trail cameras from a property on Streeter Brook Road in the Town of Genesee allegedly determined both men were involved in the theft of the cameras. Both were arrested and released with appearance tickets for Genesee Town Court, where they are due to appear in March.

Will R. Thompson, 21, of Byron (no address provided), was arrested on Feb. 14 by a Wyoming County Sheriff's deputy and charged with having an uninspected motor vehicle and aggravated unlicensed operation of a motor vehicle in the third degree. At 3:22 p.m. that day Deputy Austin Harding was patrolling northbound on South Main Street in the Village of Perry, when he observed a gray pickup truck southbound with a 2020 inspection sticker on the front windshield. Harding conducted a traffic stop near Camp Road and a DMV data check found the inspection sticker expired Nov. 30 and that Thompson's license was suspended twice for failure to answer a summons in the Town of Hastings Court on Feb. 8. Thompson was proceseed roadside, then released with an appearance ticket to appear in Village of Perry Court at a later date.

Antonio Diego Dames, 45, of Farnsworth Avenue, Oakfield, is charged with criminal possession of a weapon marijuana in the fourth degree. At 2:29 p.m. on Feb. 22, Genesee County Sheriffs deputies responded to a residence on Farnsworth Avenue in the Village of Oakfield to assist the county Probatation Department. After an investigation, Dames was arrested for allegedly possessing more than two ounces of marijuana. He was issued an appearance ticket and is due in Oakfield Town Court on April 5. The case was handled by Deputy Erik Andre. CORRECTION: This item initially, and mistakenly, used the word "weapon" instead of "marijuana" in the criminal charge. The Batavian regrets the error.

A Batavia resident accused of attempted murder could be the first defendant to face an in-person trial in Genesee County since the start of the pandemic a year ago.

Jacob Sponaugle, 22, being held in the Genesee County Jail, made a virtual appearance today while the attorneys in the case informed Judge Charles Zambito they had no oral arguments to make in motions they've filed in the case.

Zambito will read their motion papers -- standard pretrial motions -- and issue a ruling in a few weeks.

He scheduled an in-person appearance for Sponaugle at 9:30 a.m., April 12. The judge noted that it is likely -- since Sponaugle is being held in custody -- that of all the pending potential trial cases, his could be the first in County Court since the coronavirus outbreak.

April 12 will be the plea cut-off date for Sponaugle, though District Attorney Lawrence Friedman said after today's hearing that he has yet to make a plea offer in the case. He didn't indicate whether he would or not.

Sponaugle is accused of shooting a person entering the lobby of the Days Inn in Batavia in July.

He is also charged with: assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

Video below, coverage of the July 22 incident.