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Caller reports dog locked inside a black GMC pickup truck

By Howard B. Owens

A caller reports a dog is locked inside a black GMC pickup truck at Dave's Ice Cream on West Main Street Road, Batavia. An officer is responding.

It is about 82 degrees outside.

Weather Outlook (By Billie) 1:29 p.m.:

According to the National Weather Service in Buffalo, starting tomorrow through Friday there is a Hazardous Weather Outlook in place due to an expected prolonged period of heat and humidity that will build across portions of Western New York. It is expected to get between 95 and 100 degrees during those afternoons.

The temperature inside a vehicle can soar quickly on a hot day. For example, if it's 95 degrees outside, say this coming Wednesday, the air termperature inside a vehicle can reach 114 degrees Fahrenheit in 10 minutes flat; if it's 100 degrees outside, the inside temp goes up to 119.

VIDEO: Fireworks at The Ridge NY in Le Roy

By Howard B. Owens
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The Ridge NY in Le Roy hosted a fireworks display to celebrate Independence Weekend. It is the only professional fireworks display in the county this year.  

Happy Fourth of July! Here is a video of most of the show for your Independence Day celebration. 

For those who tried to watch the livestream last night: Sorry, it just didn't work. There wasn't enough available bandwidth at the campground.

Dennis Wittman, Batavia resident recognized internationally as pioneer in restorative justice, has passed

By Howard B. Owens

Dennis Wittman, the founding director of Genesee Justice, the nation's first county-level agency built around the concepts of restorative justice, has passed away.

He was 77.

Wittman was a probation officer and supervisor in the Town of Bethany when newly elected sheriff Doug Call came to him in 1980 and asked him to be the agency's founding director. At first, Wittman said no. The supervisor's position felt like a second full-time job and the last thing he needed, he told The Batavian in 2010, was to become the head of a program that was untested and may not last.

Then one day in 1981, Wittman was summoned to his supervisor's office. There he found Tom Gillis, his boss, Call, Family Court Judge Charles Graney, and County Judge Glen Morton.

"I could see they were going to pound away on me," Wittman recalled. "I said, 'OK, I'll give it a try.' "

While Wittman reported to the sheriff, officials didn't want him hanging out with detectives or attorneys, so he was given a desk in the law library. He had no staff at first.

As a former seminary student, Wittman's attitude toward offenders already aligned with the goal of finding alternatives to incarceration.  

Call's goal was to cut the inmate population in the Genesee County Jail to help avoid the construction of a new facility.

By the time Wittman retired in 2006, 4,959 offenders had performed community service, doing 356,858 hours of unpaid work.

The alternative to jail had also saved county taxpayers more than $5.9 million because those offenders weren't in jail for the 60,000 days they would have served otherwise.

During his career, Wittman was also concerned about caring for the victims of crime. Under his leadership, Genesee Justice became the lead agency for:

  • Victim's Assistance
  • Judicial Diversion
  • Justice for Children
  • Child Advocacy
  • Justice for Women
  • Release Under Supervision (a Probation Department program until 2002)
  • DWI-Conditional Discharge 

The effort at establishing a government agency dedicated to restorative justice made Wittman an in-demand speaker in the restorative justice community. He traveled to 40 states plus Japan and Canada to talk about his work at Genesee Justice. He received another 2,500 invitations to speak in Europe that he was unable to accept.

To read his obituary, click here.

Previously: The Genesee Justice Story

Photo: File photo from 2010.

VIDEO: Keeping it safe with fireworks for the 4th of July

By Howard B. Owens
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Press release:

As we approach the  Fourth of July Independence Day Holiday, Fire Chief Stefano Napolitano of the City of Batavia Fire Department would like to remind the residents of the City of what sparkling devices are allowed by law.

“We want to ensure that our residents enjoy the holiday in a safe and responsible manner,” Napolitano said.

According to the New York State Division of Homeland Security and Emergency Services "Sparking Devices" are considered, “ground-based or handheld devices that produce a shower of colored sparks and or a colored flame, audible crackling or whistling noise and smoke.”

"These sparkling devices can only be bought and sold from June 1st to July 5th and from December 26th to January 1st in any given year," Napolitano said, furthermore, the law states that “Sales of sparkling devices by certified temporary stands or tents can only occur from June 20th to July 5th and December 26th to January 1st in any given year.”

According to the fire chief, allowable sparkling devices under the law are sparkling fountains, sparklers on wooden sticks (not metal sticks), smoking devices, snakes confetti-filled party poppers and paper-wrapped snappers. Non-allowable and illegal devices include firecrackers, bottle rockets, Roman candles and any other aerial devices.

As a result of COVID-19 canceling many public fireworks displays, Chief Napolitano recommends the following alternatives to celebrate the Fourth of July Holiday without fireworks. Furthermore, these alternatives are pet and children friendly.

  • Use glow sticks; they glow in the dark and are a safe alternative to a sparkler.
  • Use noisemakers; they can be found at a local party supply store.
  • Red, white and blue Silly String.
  • Outdoor movie night. Set up a television or screen and projector.
  • Make patriotic crafts with the family.

Lastly, Napolitano says it is important to take the necessary fire safety precautionary steps when using these devices. Last year there were 18,500 fireworks-related injuries reported in the United States.

If any resident has questions regarding what is allowable or would like information regarding safety precautions, they can call the City of Batavia Fire Headquarters at (585) 345-6375.

Village of Bergen putting state grants to good use in sprucing up downtown

By Virginia Kropf

Photo: This is the new façade on Morgan’s Place on Bergen’s North Lake Street (Main Street). The bar is one of the buildings being restored or repaired with a New York Main Street grant.

Updating and preserving the property in her hometown has been a priority Anna Marie Barclay for many years, especially since she became the mayor of the Village of Bergen.

She was involved for 12 years in the application process to obtain a New York State Main Street grant for Bergen’s downtown, so when they were finally approved last year, she was ecstatic. 

The grants were made available for villages to complete visually prominent projects on Main Street, which included renovation of residential units or projects with historic value or historic properties in danger of being lost in part or in total due to disrepair or damage.

Bergen received $475,000, which is dispersed to property owners on Main Street who may each receive up to $50,000 in matching funds. 

Barclay said the application process was complicated and time consuming, requiring each building owner to submit a plan for improving their property. All applications had to be approved by the New York State Historic Preservation Office.

Recently, Joe Chimino, a member of Bergen’s Hesperus Masonic Lodge #837, and Barclay inspected damage on the front of their buildings, which will be repaired, thanks to the grant.

Barclay said permits have been acquired and a new contractor hired in preparation for work to begin.

The Lodge building, as well as Barclay’s adjoining one, will undergo renovations including replacement of rotted wood, new paint and refinishing front doors. Several store fronts will receive new windows, as well as new heating and air conditioning in the building.

Barclay’s husband, David, has already spent months working in the exterior of their brick building, which will also have the brick repointed. That is the process of renewing the pointing -- the external part of mortar joints -- in masonry construction. Over time, weathering and decay cause voids in the joints between masonry units, usually in bricks, allowing the undesirable entrance of water.

When the Barclays first bought the building, they thought they would fix the front and two apartments upstairs. They put up $25,000 toward the work. David was planning to restore the façade and then they were going to decide what to do with it from there. The building is Victorian, having been built in the 1800s, Barclay said. 

“We want to bring it back to its original status, with historically correct colors,” she said. “We are going to keep the tin ceiling.”

Most recently, the downstairs was a church and rows of pews are still there. Barclay said they envision the space as suitable for a small bistro or an art gallery.

North of Buffalo Road is the block that houses the village offices. Five buildings, all part of the historic renovation, include Morgan’s Place, a totally redone bar with a new façade, new H-vac system, new insulation and new glass front. Work is also being done on two apartments upstairs. The building formerly housed a bank and post office.

Across the street, B.A. Photography, owned by the Schmidts, has an apartment upstairs. The grant will take care of restoring the entire exterior, while keeping the façade original, Barclay said.

Part of the grant was called “Streetscape,” and allows for work enhancing Downtown. Across from the village office, Zuber Park will have a little sidewalk library.

The village’s DPW is building new planters for Downtown and all buildings will have new signs and lighting, paid for by the Streetscape grant. A parking lot adjacent to B.A. Photography will have new planters. An old metal guardrail will be replaced by a wooden one. 

In other Bergen news, Barclay said during the coronavirus pandemic, she has been meeting virtually with all lawmakers throughout Genesee County to discuss how they are all coping during this time. 

“Our budget has been crushed,” she said. “With businesses closed, our sales tax revenue is basically nil.”

On a positive note, Barclay said she and local volunteers delivered 3,200 meals to deserving families since the public health crisis began March 27. Food was donated and meals were prepared at a local church. 

“Our volunteers were amazing,” she said.

Barclay said she was worried about some of individuals and wondered how they would fare now that meal deliveries have stopped. Those names she referred to the county Office for the Aging, she said. 

The village office, which has been closed since March, reopens by appointment next week.

Above photo: Village of Bergen Mayor Anna Marie Barclay points to the tin ceiling in the building at the corner of South Lake Avenue and Buffalo Road, which she and her husband, David, purchased several years ago. The Barclays are planning to renovate the building with assistance from the Main Street Grant, for which the village was approved last year.

Above photo: Joe Chimino, a member of Bergen’s Hesperus Masonic Lodge #837, and Village of Bergen Mayor Anna Marie Barclay look at the building’s deteriorating storefront, which will be repaired with money received from the Main Street Grant.

Photo above: Village of Bergen Mayor Anna Marie Barclay and village administrator Cortney Gale stand in the entrance to the village office on North Lake Street. The office, which has been closed since the coronavirus pandemic began, will open by appointment starting Monday.

Photos courtesy of Virginia Kropf.

Caller reports 20 people jumping in the falls below Log Cabin restaurant

By Billie Owens

A caller to dispatch reports 20 people ("two-zero") are jumping in the falls by the Indian Falls Log Cabin Restaurant. The dispatcher relayed this complaint to a Sheriff's deputy who asked: "I thought were weren't responding to those (calls) anymore?"

After a moment, the dispatcher clarified that law enforcement is to respond to complaints at the site that involve parking violations or trespassing, not just jumping in the falls.

"I will check the roadway to see if anyone needs a ticket," replied the officer.

The location is 1227 Gilmore Road, Corfu.

UPDATE 5:03 p.m. (By Howard): We asked Sheriff William Sheron to clarify the policy and he responded, "we do respond to these calls and enforce violations of the penal law where appropriate. Typically trespass charges for crossing the property of the adjacent landowners. Also, issue tickets for parking violations in the area."

Picnic in the Park will continue virtually this year while flag hangs as usual in Centennial Park

By Howard B. Owens

Press release:

On July 4th, from 11 a.m. to 5 p.m., GO ART! will be holding their 42nd annual Picnic in the Park, virtually, via YouTube Live.

During this event, they will have bands, dance performances, culinary demonstrations, cow plop bingo, muralists in action, and Explore ART! lessons. 

Please subscribe to their YouTube channel at www.youtube.com/c/GOARTgeneseeorleansart.

Music performances on July 4th will be given by the Batavia Concert Band, No Blarney, Strummerz, Kelly’s Old Timers, Cannon Steel Band, The Old Hippies and Frank Reino (accordion).

Culinary Demonstrations will be performed by Chef Tracy of the Genesee Valley Education Program and Leonel Rosario of Mariachi De Oro. A menu and supply list are on their website at www.goart.org/picnic-in-the-park-july-4.

David Burke will be painting a new mural on one of GO ART!’s interior walls.

Troupe Nisaa Bellydance, The Rosario Family and Shanda Spink will be gracing us with their choreography.

GO ART! staff will be giving art lessons and Uncle Sam will be leading a cow around 500 squares for GO ART!’s first Cow Plop Bingo! More information on the Cow Plop Bingo and a schedule of the days events can be found on GO ART!'s website at www.goart.org/picnic-in-the-park-july-4

GO ART!’s 42nd Annual Picnic in the Park is brought to you by The Batavian, Lamb Farms, City of Batavia, Tompkins Bank of Castile, Friends of Stephen M. Hawley, Stephen M. Hawley & Assoc. LLC -- a division of Great Lakes Insurance Services Group LLC, New York State Council on the Arts, United Way of Genesee County, United Way of Orleans County, Orleans County Youth Bureau, Rotary Club of Batavia, Turnbull Heating & Air Conditioning, Freed Maxick, CY Farms, Batavia Turf, Lori Goergen, Bob & Linda Knipe, Arc of Genesee Orleans, Paul Figlow, Carrotman Productions, and Albion NY ROCKS.

Photos: American flag that is traditionally hung in Centennial Park for Picnic in the park, which was hung in the park and lit yesterday by Gregory Hallock, executive director of GO ART!

Photos: Snow cones on a hot day in Batavia

By Howard B. Owens

Vivienne Bellavia, 10, of Batavia, and her friend Anna Di Risio, make up a snow cone as part of a hot-day fundraiser for Golisano Children's Hospital.

The girls hoped to raise $200. By 2:30 this afternoon they had raised more than $500.

One new COVID-19 case reported in Genesee County

By Howard B. Owens

As of 2 p.m.

  • Genesee County received one new positive case of COVID-19, for a total of 225 positive cases.
    • The positive individual resides in Oakfield.
    • The positive individual is in their 20s.
    • The positive individual was on mandatory quarantine prior to testing positive.
    • Currently no individuals are hospitalized and no individuals have been released from mandatory quarantine.
  • Orleans County received one new positive case of COVID-19, today for a total of 267 positive cases.
    • The positive individual resides in Clarendon.
    • The positive individual is in their 50s.
    • The positive individual was not on mandatory quarantine prior to testing positive.
    • No individuals have been released from mandatory quarantine.
    • Seven of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

NOTE: Public health will not release an update again until Monday.

City school district forms task force to discuss reopening plan for the fall

By Mike Pettinella

The Batavia City School District is forming a Reopen Batavia Strong Task Force to be partly comprised of parents and students to assist in sharing information and formulating a plan going into the next school year.

Superintendent Anibal Soler Jr., in a tweet on the district's website, wrote that "your input and participation in our reopening plans is vital."

Those interested in joining the committee are asked to send an email to bawitkop@bataviacsd.org by Wednesday, July 8. The email should include the person's first and last name, best email address and phone number. 

Parents are asked to state where their children are enrolled and students are asked to identify their school and grade level for the 2020-21 school year.

The task force's first meeting is scheduled for 9 a.m. Friday, July 10, likely in a virtual format.

Soler has indicated that three options are on the table at this point -- full in-person school attendance, a hybrid model of in-school and remote learning, and a 100-percent remote learning environment.

Accident blocking traffic at West Main and Lewiston

By Billie Owens

A two-vehicle accident that is blocking traffic is reported in the city at West Main Street and Lewiston Road. City fire and Mercy medics are responding. Unknown injuries.

UPDATE 3:23 p.m.: At least one of the vehicles has been removed from the roadway.

UPDATE 3:31 p.m.: The vehicle that allegedly caused the accident left the scene, heading westbound on Route 5. The 2005 Honda Odyssey (color not given) is said the be registered to an owner on Transit Road. An officer is going to try and locate the vehicle and owner.

Senior Farmers' Market Nutrition Program coupons available for income-eligible people age 60 and up

By Billie Owens

Press release:

Beginning on July 7, Office for the Aging will be at the Genesee Country Farmers’ Market every Tuesday from 1 to 3 p.m. and every Friday from 9 a.m. to 12 p.m. for the months of July and August.

We will also be at the Le Roy Farmers’ Market every Saturday in July from 9 a.m. to 12 p.m.  This will begin on July 10th.  

If you live in Senior Subsidized Housing, please check with your site manager and/or look for our flyer announcing when we will be at your location.  

The Senior Farmers’ Market Nutrition Program Coupons are for income-eligible individuals 60 years of age or older. You may receive one booklet per person in a household who qualifies. Individuals may provide a note allowing another person to pick up their booklet.  

 2020 Income Guidelines:

  • Household of one = $ 1,968/mo.
  • Household of two = $ 2,658/mo.
  • Household of three = $ 3,349/mo.

Maureen Estabrooks, Office for the Aging’s coordinator for the program, noted, “New this season! If you cannot come to a distribution site and you do not have someone as your Power of Attorney, you can provide a handwritten note naming another person (a proxy) to pick up a booklet on your behalf.

"This person may also be a proxy for other seniors as well. The note must be signed by the senior and presented by the proxy to the Office for the Aging staff at the distribution site.”  

Please note that Farmers Market Coupons are distributed on a first-come, first-served basis. A waiting list will be established if necessary.  

If you have any questions, please call Office for the Aging at (585) 343-1611.

Alice Ann Benedict replaces Burk as Batavia City School District board of education president

By Mike Pettinella

Update: 2:30 p.m. -- with comments from Benedict

-------------

Alice Ann Benedict was elected president of the Batavia City School District Board of Education on Wednesday morning, replacing longtime board member Patrick Burk.

The unanimous selection of the board took place at a reorganizational meeting at the district’s administration conference room.

Benedict, a lifelong Batavian and former BOE president, was appointed in May to fill the board seat vacated by Zachary Korzelius. She then was elected by district residents to a three-year term in voting announced on June 16.

On Wednesday, Benedict, along with board members Barbara Bowman and Tanni Bromley, were sworn in by Business Administrator Scott Rozanski. Bowman and Bromley were re-elected last month.

As she took the president’s seat at the conference table, Benedict said, “Thank you all for your support and please bear with me. It’s been a while since I’ve been president of the board.”

Her first order of business was to call for a nomination for vice president. The board promptly voted for Peter Cecere to fill that position.

Benedict, a BOE member from 1995-2006, is familiar with the leadership role, having served three terms as president.

She and her husband, Wayne, and their three children are Batavia High School graduates. She also is an alumna of Genesee Community College.

"I am excited to be back on the BOE and becoming president is an added honor," Benedict said. "I take the responsibility very seriously and I know my experience from being on the BOE previously, will serve me well."

She said the board is operating during "an unprecedented and challenging time" and is inundated with information concerning students' academics along with the health and safety of students, teachers, staff and the community.

"I urge the community to get involved, participate in meetings, and engage with our Board," she added. "I want all of us to work together to be stakeholders in the future education of all our students."

Burk, who nominated Benedict for president, called the change a “transitional move.” He said that he had planned to retire from the board at the end of this year.

His term expires on June 30, 2021.

“This was a planned thing to bring in new leadership,” said Burk, a board member for close to 30 years. “With the theater up and moving forward, I will be concentrating in that area, and it really wouldn’t make sense to be president and leave (a void).”

He was referring to the Batavia Players Theater 56, which is in the process of relocating from Harvester Avenue to the City Centre as part of the state’s Downtown Revitalization Initiative. Burk is president, executive and artistic director of Batavia Players.

Burk also serves as the executive director of the Genesee Valley School Boards Association, which represents 22 school boards in Western New York. He is the 2016 recipient of the GVSBA's Albert W. Hawk Award for Distinguished School Board Service for his contributions to public education and children in his community.

Batavia Superintendent Anibal Soler Jr. said he wasn’t surprised by the board’s action to elect Benedict, noting that Burk has been involved for quite some time and that this was a “logical step in the transition.”

“Mr. Burk still is a valuable resource – he’s an active member and has a vote – and brings a ton of historical and institutional knowledge (to the board),” Soler said.

Currently, only four active COVID-19 cases in Genesee County

By Howard B. Owens

Press release:

As of 2 p.m.

  • Genesee County received zero new positive cases of COVID-19, for a total of 224 positive cases.
    • Currently, no individuals are hospitalized and no individuals have been released from mandatory quarantine.
  • Orleans County received zero new positive cases of COVID-19, today for a total of 266 positive cases.
    • No individuals have been released from mandatory quarantine.
    • Seven of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.

Note: In the chart of cases, Public Health reports four active/mandatory isolation cases and 43 people in mandatory community quarantine.

Law and Order: State Street man accused of burglarizing enclosed patio on Ellicott Avenue

By Billie Owens

Kevin M. Waleski Jr. (inset photo right), 32, of State Street, Batavia, is charged with: second-degree burglary; fourth-degree criminal mischief; attempted criminal mischief; resisting arrest; and obstruction of governmental administration. Waleski was arrested after an incident at 2:35 a.m. on June 26 on Ellicott Avenue, Batavia, in which he was allegedly found inside the enclosed patio of a third party residence without permission. He was arraigned in Batavia City Court via Skype and jailed without bail. He is due to return to city court on Aug. 13. The case was handled by Batavia Police Officer Connor Borchert, assisted by Officer Alec Roberts, as well as officers Arick Perkins and Josh Girvin.

Andre L. Roberts (inset photo left), 27, of Burrows Street, Rochester, is charged with: second-degree burglary; second-degree harassment -- physical contact; and criminal mischief in the fourth degree -- preventing emergency assistance; and obstruction of governmental administration in the second degree. Roberts was arrested at 9:11 p.m. on June 24 after allegedlyentering a dwelling on Willow Street in Batavia and attempting to prevent a resident from calling 9-1-1. He also allegedly resisted being detained by a police officer who arrived on scene. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. Roberts is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Cowen Mitchell.

Darius Lamar Jones, 28, of North Spruce Street, Batavia, is charged with: second-degree harassment; third-degree criminal mischief; and criminal obstruction of breathing or blood circulation. Jones was arrested after an investigation into a domestic incident that occurred at 7:15 a.m. May 11 on Summit Street in Batavia. He was arraigned in Batavia City Court and jailed without bail. He is due in city court again on July 23. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Stephen Quider.

Booker T. Ricks, 48, of North Lyon Street, Batavia, is charged with endangering the welfare of a child. Ricks was arrested and charged following an investigation into an incident at 6:45 p.m. on June 25 in which two small children were observed climbing out of a second-story window, and onto the roof of a residence. He was issued an appearance ticket and is due in Batavia City Court on July 28. The case was handled by Batavia Police Officer Christopher Lindsay.

Sarah Patricia Lytle, 37, of State Street, Batavia, is charged with second-degree criminal contempt and criminal purchase or disposal of a weapon. On June 29 Lytle was arrested on the charges. It is alleged that at 3 p.m. on June 17 on Lewiston Road in Batavia that she attempted to buy a firearm while she was the subject of an order of protection, which prohibits her ability to do so. She was issued an appearance ticket for Town of Batavia Court and is due there on July 29. The case was handled by Genesee County Sheriff's Deputy Chad Minuto.

Desmond R. Miller, 25, of East Bayard Street, Seneca Falls, is charged with fourth-degree grand larceny. Miller was arrested after an investigation into a motorcycle that was stolen at 3 p.m. on May 25 on Oak Street in Batavia. Miller was arraigned in Batavia City Court and released on his own recognizance. He is due back in city court on  Aug. 20. The case was handled by Batavia Police Officer Jason Ivison.

Jose A. Rivera, 33, of Swan Street, Batavia, is charged with third-degree criminal mischief. Rivera was arrested at 3:43 p.m. on June 25 after he allegedly slashed the tires on a vehicle on Swan Street. He was processed at Batavia Police Headquarters, arraigned in Batavia City Court, then released. Rivera is due back in city court on Aug. 13. The case was handled by Batavia Police Officer Wesley Rissinger.

A 17-year-old female resident of Batavia was arrested and charged with unlawful possession of fireworks. The arrest was made after police responded at 9:26 p.m. June 28 to State Street for multiple complaints about fireworks. Police allegedly located the teen and found her in possession of, and using, a Roman candle. She was issued an appearance ticket and is due in Batavia City Court on July 29. The case was handled by Batavia Police Officer Mitchell Cowen.

Matthew C. Olcott, 41, of Clinton Street Road, Batavia, is charged with criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor, and unlawful possession of marijuana in the second degree, a violation. Jerwan B. McFarley, 34, of Lehigh Avenue, Batavia, is charged with: criminal possession of a controlled substance in the seventh degree, a Class A misdemeanor; and unlawful possession of marijuana in the second degree, a violation. Genesee County Sheriff's Deputy Ryan DeLong conducted a traffic stop of a car that Olcott and McFarley were traveling in on Cedar Street in Batavia during the afternoon of June 29. It is alleged that Olcott was in possession of crack cocaine, drug paraphernalia and was driving with a suspended license. It is alleged that McFarley possessed crack cocaine and marijuana. Both defendants were arrested by members of the county's Local Drug Enforcement Task Force and issued appearance tickets for City of Batavia Court.

Terrorist truck driver had a plan, it just didn't involve a shootout with police May 27

By Howard B. Owens

             Joshua Blessed

The Virginia-based trucker whom Le Roy police encountered May 27, starting a perilous chase that eventually led to his death, was a credible threat to cops and civilians, Livingston County Sheriff Thomas J. Dougherty said yesterday in a press conference.

The bombs, guns and ammo Joshua Blessed had stored in his private vehicle and the bedroom he was renting in Rockingham County, Va., along with is social media posting, indicate Blessed was planning something big.

But it wasn't part of his plan in May, Dougherty said, to engage with law enforcement on that day.

"Our investigation shows that Blessed really was on the road to Batavia and what prompted this and triggered Blessed this day was the proactive traffic stop by the Le Roy Police Department," Dougherty said.

Blessed's white tractor-trailer, owned by Yurman Express, based in Harrisonburg, Va., was stopped by Le Roy PD officers in the Village of Le Roy for speeding on Main Street. The trailer was empty, which lends credence to the theory, Dougherty said, that Blessed really was driving to Batavia to pick up dairy product.

The search by the FBI of Blessed private vehicle in Virginia turned up three IEDs (improvised explosive devices), an AK-17, 9mm magazines, and $18,000 in cash.

A search of the bedroom he was renting -- Blessed, previously known as Sergia Journev, had apparently not been living with is family for at least 18 months -- found 11 IEDs, an AK-47 with a scope, a .50-caliber rifle, a .338 sniper rifle, thousands of rounds of ammunition, and $130,000 in cash. 

Blessed had made several social media posts attacking law enforcement and promoting violence against police officers. 

"The traffic stop set him off," Dougherty said. "That doesn't mean he didn't have a plan for the future. Based on what was recovered in the vehicle and in the bedroom, he certainly had a plan for the future. What that plan was, I don't have that information."

There is no indication that others were specifically involved in Blessed's planning, Dougherty said. That may be part of an ongoing FBI investigation.

"There are no details showing an immediate concern either here or there," Dougherty said.

Blessed died of a gunshot wound to the head. He also suffered three gunshots to his hip. Two deputies were firing long guns at Blessed at the time the shoot-out came to its fatal conclusion. The bullet that killed Blessed has not been recovered. Dougherty said he would not release the names of the deputies firing at Blessed at the time he was killed.

Blessed fired at least 24 rounds at cops. There were 24 shell casings recovered. His empty magazines indicate he fired at least 29 shots but that doesn't mean he hadn't discarded empty magazines somewhere along the way. A magazine for Blessed's 9mm Glock with seven rounds still in it was recovered, along a magazine containing 17 rounds (the capacity of the magazines Blessed was using).

Deputies from Livingston and Genesee counties returned fire at least 129 times in four different locations along the chase route, with 48 rounds fired at the final standoff location at Route 20a and Morgan View Road.

The incident started at 8:37 p.m. with the traffic stop in Le Roy and ended with Blessed death at 9:27 p.m. The chase went through Le Roy and Stafford before Blessed executed a U-turn and headed back toward Le Roy, going to Route 19 south into Wyoming County and then into Livingston County.

Dougherty said during the chase he remembered thinking that the driver was a danger to the public and to his officers but that he was also a highly skilled driver.

“This is a very unique situation," Dougherty said. "Somebody said to me, ‘that’s once in a career.’ This isn’t once in a career. You could serve multiple careers in law enforcement and never encounter a heavy vehicle, it’s pretty much impossible to stop unless you have a heavier vehicle and then add in an active shooter, a guy who is actively trying to kill cops. That’s something that is more Hollywoodesque than reality."

It was a miracle, with all the bullets flying around, the high-speed chase, Blessed's clear intention to harm other people, that nobody besides Blessed lost any blood.

"Not even a scratch," Dougherty said.

Photos: Livingston County Sheriff's Office.

Thanks to our news partner 13WHAM for video of the press conference

Previously:

City, Town, County receive 80 percent of VLT allocation from New York State

By Mike Pettinella

City of Batavia, Genesee County and Town of Batavia leaders reported that they have received four-fifths of the video lottery terminal funds owed to their municipalities by New York State.

“Our VLT money came in today (Tuesday) – 80 percent of the $440,000,” said Acting City Manager Rachael Tabelski.

The City’s actual number was $440,789, so that means that $352,631 is being added to its coffers at this time.

City Council President Eugene Jankowski said that although the money doesn’t change the recently passed 2020-21 budget that calls for a 7.48 percent property tax increase, it certainly will help ease the pain.

“That’s really good news, actually,” Jankowski said. “The budget is fixed – we’re set with that – but the additional money will help to offset some of the damage done by the COVID-19 situation.  It offsets some of the loss of sales tax revenue and other income because of the virus.”

Jankowski said City officials are expecting a 30 percent loss of income due to the pandemic, but he’s hoping it’s not quite that bad.

“I’m looking forward to see the June numbers to see if we’re continuing in a positive direction,” he noted.

Tabelski said the VLT funds generated at Batavia Downs Gaming aren’t enough to alter the City’s ultra-conservative approach as it deals with COVID-19.

“It still doesn’t change our austerity budget planning,” she said. “We can’t open up the flood gates in spending.”

Tabelski said that management created a COVID austerity plan several weeks ago, halting purchases, travel and training and instituting a hiring freeze to decrease expenses. The City did not furlough employees, but did lay off part-time employees, including those who ran the summer youth program.

“A victim of that (hiring freeze) was our summer youth program,” she said. “We have 150 kids throughout the city that come in – and from the town -- to utilize the parks. That was a hard decision, but in light of COVID and not knowing the social distancing, it also made it an easy decision.”

In March, City Council passed its 2020-21 budget with the tax increase based on the assumption that the state would be withholding the VLT money. The board appealed to Albany and solicited the support of Assemblyman Stephen Hawley and Sen. Michael Ranzenhofer.

Reached today by telephone, Hawley said that Gov. Andrew Cuomo released “what he believes he can do to remain solvent (80 percent) … as it is directly tied to the horrific situation that we’re in.”

Still, he says that if the economy recovers or federal stimulus money is forwarded to the state, the other 20 percent of the VLT money should be given to the municipalities.

Hawley said that he hopes newly-elected Congressman Chris Jacobs would fight for federal funds for municipalities. He also blamed Cuomo for the state’s financial dilemma.

“The State of New York hasn’t been managed smoothly in terms of balancing the budget,” he said. “He (Cuomo) entered with $6.2 billion deficit going into his 2020-21 budget and now that COVID is upon us, the (deficit) numbers from the governor doubles and quadruples. Some states have been run in a prudent fashion and others have not – with New York State being one of them.”

Batavia Town Supervisor Gregory Post said that the Town will be getting $128,310 in VLT funds – 80 percent of the full amount of $160,388.

“We are constantly fighting an uphill battle for them (state leaders) to perform the way they expect us to perform,” Post said.

Genesee County Treasurer Scott German said that $160,313 has been received. That also is 80 percent of the county’s full allocation of $200,392.

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