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A vehicle reportedly rolled over several times on eastbound Interstate 90, landing at mile marker 395. East Pembroke Fire Department and Mercy medics are responding.

UPDATE 11:44 a.m.: The occupant is out of the vehicle; up and walking.

For Small Business Saturday, Iris Bodine, 8, went shopping with her aunt Margie Everett at Adam Miller Toy and Bicycle.

We didn't get a chance to visit local businesses until the afternoon, but several business owners said their shops were full in the morning and that it seems like more people seemed to be out shopping local on the first Saturday after Thanksgiving than previous years.

Dave Howe, Charles Men's Shop, said at least a half-dozen people mentioned the annual Shop Local promotion is what motivated them to visit local businesses today.  

Stephen Valle and Carrie Lawrence, Valle Jewelers. 

Chris Crocker and Leslie Moma, The Yngodess Shop.

Don Brown and Dave Howe, Charles Men's Shop.

Police officers from throughout the county -- Sheriff's Office, Batavia PD, Le Roy PD, Corfu PD, State Police, DEC, and Probation -- rolled their cruisers up in front of retail stores in Batavia Towne Center today to collect toys and clothing donations for needy families in our community.

By early afternoon, every cruiser along with the van used by the Emergency Response Team was stuffed with gifts and more than $600 in cash and gift cards had been collected. The donations were then taken to City Church/St. Anthony's to be sorted and distributed to all of the school districts in the county.

A photo from late this afternoon of the Old Courthouse in Batavia decorated with wreaths hanging from the windows.

A winter weather advisory remains in effect for Genesee County starting at 4 a.m. and continuing until 6 p.m. Sunday with snow and ice expected.

Travel conditions could be treacherous, the National Weather Service advises. 

From one to three inches of snow accumulation and two-tenths of ice accumulation are predicted.

The NWS advises travelers to plan accordingly.

Graphic: Courtesy Accuweather.

When Oakfield resident Erik Olsen founded the East Shelby Community Bible Church, barely a mile north of the Genesee County line, he couldn’t have imagined how it would grow or how popular their Old Tyme Day in July and Old Fashioned Christmas events would become.

(Correction) Old Fashioned Christmas Day is next Sunday (Dec. 8) at the church (5278 E. Shelby Road, Medina), beginning at noon and featuring a variety of old-fashioned holiday traditions. 

Ange Pillo, also of Oakfield, started the church’s Band of Renown, which will present a Christmas concert beginning at 12:30 p.m. in the historic miniature village of West Jackson Corners. The village, across from the church, takes it name from what East Shelby was called in the 1800s.

The annual event includes activities such as swag making, Dickens-style yuletide caroling, horse and buggy rides and enjoying hot chocolate and other Christmas treats. They have also been known to cook a goose over an open fire.

The church also welcomes guests to come in and see their giant Christmas tree in the sanctuary.

As always, the afternoon will conclude with a visit from Santa Claus.

New this year is a large parking lot to accommodate all of the guests, typically hundreds of people. This will allow visitors to park closer to all of the festivities. 

Submitted photos.Top: Lorna Klotzbach, of Pembroke, drives her team of horses, giving buggy rides at East Shelby Community Bible Church’s Old Fashioned Christmas. This year’s celebration is scheduled from noon to 5 p.m. Sunday, Dec. 8.

Below: Pastor Erik Olsen from Oakfield leads a group of carolers in singing Christmas carols during last year’s Old Fashioned Christmas at East Shelby Community Bible Church.

The third annual "Red Osier Landmark Restaurant Community Days --Winter Wonderland of Lights" will take place from 5 to 8 p.m. on the next two consecutive Mondays -- Dec. 2 and Dec. 9. 

The public is invited to the restaurant grounds at 6492 Main Road in Stafford to stroll through the "Winter Wonderland of Lights" featuring more than 2.5 million lights.

Santa and Mrs. Claus will be there and families are welcome to take free photos with them.

There will also be free horse and carriage rides and a free Petting Zoo.

The Stafford Volunteer Fire Department will be there with fire trucks and they'll help with traffic control.

The bar will be open for adult beverages and gift certificates are available to purchase.

The lunch trailer will be open for food to purchase, too. (The main restaurant, as always, is closed on Mondays.)

(Submitted photo of Quinn and James with Santa.)

The veritable visage of contentment depicted above -- paws tucked snugly in, eyes closed in blissful contemplation -- is a Tracy Avenue denizen of the city named Duster.

His owner, Melissa Barone, says her family thinks Duster busted out of his digs on Thanksgiving Night; his contentment, obviously having waned at some point. Whether this was due to curiousity about delectable aromas of food wafting from homes nearby, general holiday hubbub, or bald opportunism is unknowable.

"He is super friendly, so he most likely will go up to anyone," Barone writes in an email seeking the public's help to locate the missing pet.

In other words, he's not finicky about friends; he welcomes all genuine and genial overtures of bonhomie.

"We miss him lots," Barone writes plaintively.

If you espy Duster, please text Barone at (585) 813-3429.

A winter weather advisory is in effect for Genesee County from 4 a.m. to 6 p.m. Sunday, according to the National Weather Service in Buffalo.

Mixed precipitation is expected, including total snow accumulations of one to two inches, and up to four inches across the northern Finger Lakes, with total ice accumulations of around 1/10th of an inch.

Plan on slippery road conditions. Periods of snow, sleet or freezing rain will result in slippery roads and limited visibilities. Slow down and use caution while driving.

Daniel John Wolfe, 46, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. It is alleged that on Nov. 25 while housed in Genesee County Jail, Wolfe made two phone calls to a protected party in violation of an order of protection. He was arrested on the charge on Nov. 28 and issued an appearance ticket. Wolfe is due in Batavia City Court at 1 p.m. on Dec. 10. The case was investigated by Genesee County Sheriff's Deputy Chad Cummings.

Sean Michael Crowe, 30, of Cook Road, Bergen, is charged with: driving while intoxicated with a BAC of .08 percent or more with a previous conviction within 10 years; DWI with a previous conviction within 10 years; and having an uninspected motor vehicle. Crowe was arrested at 12:59 a.m. Nov. 28 on South Lake Avenue in Bergen following a traffic stop for an uninspected motor vehicle. Crowe is due in Bergen Town Court on Dec. 4. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Sgt. Jason Saile.

Changes in state law about when and how defense attorneys receive evidence in criminal cases are going to create a greater burden on police and drive up costs for the City and the County, members of the City Council were told Monday night.

City Attorney George Van Nest and Police Chief Shawn Heubusch made about a 40-minute presentation on changes to the rules around what is called "discovery" -- the prosecution turning over evidence and information to the defense -- and bail reform.

"What happened is the legislature passed, and the governor signed, a new form of Section 245 of that criminal procedure law," Van Nest said. "What it did is dramatically change the manner in which criminal discovery is handled in New York State effective January 1, 2020."

Under the current system, once a defendant is charged, a defense attorney would file a motion for discovery and the District Attorney would provide information and evidence the DA felt compelled to disclose under criminal procedure law and case law. This would happen over the course of the criminal proceeding including right up to the day of a trial if there was a trial.

The new law requires "automatic discovery" of everything related to the case within 15 days of the arraignment of the defendant. 

This new automatic discovery must include everything related to the case, including all information on witnesses or anybody with information relevant to the case, all written statements, all recordings in police possession or that the police know about, information on all physical evidence, and recordings of relevant 9-1-1 calls and dispatch.

Police officers and detectives will have only days to compile and deliver the evidence and information to the DA's office to give the DA's office time to index and inventory it and prepare it for disclosure to the defendant's attorney.

Both the compressed time frame of gathering and preparing the evidence for dissemination and the greater volume of information and evidence will consume more time for law enforcement and the DA's office.

In the case of traffic tickets -- the city issues about 1,500 a year --  all evidence must be turned over within 24 hours of the issuance of the ticket.

"This increases the workload of our officers and detectives and supervisors and our clerical staff," Heubusch said. "Officers and detective are going to be mandated to complete all paperwork and supporting documentation on a condensed schedule. What that equals is officers may be required to work overtime or maybe taken off of proactive police patrols in our community to make sure that we meet these timeframes so we don't lose any cases."

To help deal with the increased workload, the DA's office is adding another assistant district attorney, another paralegal and a part-time clerk.

Heubusch did not ask for additional personnel in his department but did note that the part-time clerk who handled evidence will now be needed on a full-time basis.

As for bail reform, Heubusch said starting Jan. 1, people accused of misdemeanors or Class E felonies will no longer be arraigned in City Court. The arresting officer, instead, must issue an appearance ticket. The officer must also issue appearance tickets, rather than taking the suspect in for arraignment, for second-degree burglary 2nd and second-degree robbery, all other violent felonies are still eligible for a bail review by a judge.

Types of criminal accusations that will require an appearance ticket include bail jumping, resisting arrest, vehicular assault, menacing, and criminal contempt (unless it's part of a domestic violence case).

Exceptions to the no-bail rules include cases involving members of the same household, a failure to identify oneself properly, a failure to appear in the previous two years, and cases where the defendant could have a driver's license suspended or revoked.

If a judge is going to set bail, the judge must set it as the least restrictive option. In most cases, this means release on own recognizance or release under supervision.

Submitted photos and press release:

A collection of 30 very rare, very early artifacts will be auctioned off this Saturday, Nov. 30, beginning at 10 a.m. at Schultz Auctioneers, 11177 Main St. in Clarence.

The artifacts represent the complete collection of Clovis Artifacts located during a five-year project of excavation by R.M. Gramley, Ph.D., beginning in the late 1980s at the Lamb Site in Darien and have never before been offered for sale. They will be auctioned as a single lot.

Gramley and his group of volunteers were able to catalog three distinct groups of artifacts indicating three different activities. Cluster A produced a group of miscellaneous tools that indicated a habitation area. Another area, designated as cluster B, produced debris fragments from stone tool manufacturing and a third area, cluster C, produced a cache of Clovis points and bifaces.

The Clovis culture is a prehistoric Paleo-American culture named for the distinct stone tools – called Clovis points -- found in close association with Pleistocene fauna at Blackwater Locality No. 1 near Clovis, NM, in the 1920s and 1930s. Clovis points are wholly distinctive. Chipped from jasper, chert, obsidian and other fine, brittle stone, they have a lance-shaped tip and (sometimes) wickedly sharp edges.

Extending from the base toward the tips are shallow, concave grooves called “flutes” that may have helped the points be inserted into spear shafts. Typically about four inches long and a third of an inch thick, they were sleek and often beautifully made. Some believe them to be the first American invention.

Included in the collection – which will be sold as ONE collection – is the only Knife River point found in New York State, as well as two pieces that are the largest Clovis point and knife in New York State.

The Lamb Site near Darien in Genesee County is a late Clovis period site that dates back more than 12,000 years ago. It was used as a habitation site and a stone tool manufacturing and cache site. More information about the collection and the Lamb Site can be found here.

Previews of the auction will take place on Friday, Nov. 29 and Saturday, Nov. 30 from 8 a.m. to 10 a.m. The auction is free and open to the public; reservations are not required. For more information, call 716.759.2260 or visit schultzauctioneers.net for photos and descriptions.

About Schultz Auctioneers

With more than 50 years’ experience, Kelly Schultz is Western New York’s acknowledged authority on antiques, collectibles and fine arts. As founder of Antique World and Flea Market, he has created one of the largest antique centers in Western New York, with over 200 dealers and five shops open daily. Kelly travels from coast to coast and internationally, procuring antiques, oriental rugs, fine furniture and rare, unusual items, creating one of the finest antique galleries in the country. In 2003, Kelly’s son, Ben, received his auctioneer license and has been working alongside Kelly for many years. For more information, visit www.schultzauctioneers.net

There is a potential plea offer pending for Guillermo J. Torres-Acevedo, the 23-year-old Batavia man facing 10 criminal charges locally for allegedly having sex with an underage girl and taking her to Pennsylvania, his attorney told Judge Charles Zambito in County Court today. 

Attorney Thomas Burns asked for time to go over the terms of the plea offer from First Assistant District Attorney Melissa Cianfrini and also confer with Torres-Acevedo's attorney representing him in Federal Court on charges stemming from some of the same incidents.

Zambito deferred the case until 11:30 a.m., Dec. 6.

Torres-Acevedo is charged locally with: four counts of second-degree rape, a Class D violent felony; four counts of criminal sexual act in the second degree, also a Class D violent felony; second-degree kidnapping, a Class B violent felony; and second-degree criminal contempt.

In Federal Court, he is charged with transporting a minor across state lines for sexual activity. 

Authorities allege that in September, October, and November of last year, Torres-Acevedo engaged in sex acts with a teenage girl and then took her across state lines. He was eventually located with the girl in a Walmart in Mansfield, Pa., through a geolocation ping of her mobile phone.

Neither Burns nor Cianfrini revealed in open court the terms of the potential plea agreement nor was there any mention of whether Torres-Acevedo has an opportunity for a plea agreement in Federal Court.

The defendant is currently being held in the Genesee County jail.

A motor-vehicle accident is reported in the city at 6 Chase Park. A person was reportedly unresponsive but is now conscious. City fire, police and Mercy medics are responding. The location is between Vine and Elm streets.

UPDATE 1:02 p.m.: The female driver and sole occupant is being transported to UMMC for evaluation. Her vehicle struck an unoccupied parked car. It appears she was driving very slowly at the time of impact as little damage whatsover is observable to the vehicles. Sgt. Dan Coffey said charges are likely.

From Uber New York:

Earlier this week Mothers Against Drunk Driving (MADD) and Uber announced a joint effort to combat drunk driving on Thanksgiving Eve by offering free rides across Upstate New York, including Genesee County.

Tonight is Thanksgiving Eve, which has also been called “Blackout Wednesday,” because it's one of the busiest drinking nights of the year and the beginning of the holiday season, when there is an increase in instances of impaired driving.

All New York State residents outside of New York City and visitors can enter the promo code  SAFERIDENY19  into the Uber app by navigating to the menu, tapping Payment, and then Add Promo.

This will unlock a free ride up to $10 for people in Upstate New York (and elsewhere in the state outside of New York City) on Thanksgiving Eve. The free rides are available between 9 p.m. tonight (Nov.27) and 3 a.m. on Thursday, Nov. 28th.

“The holiday season is a special time for joy and togetherness, but it’s also one of the most dangerous times of the year on the road because of the increased frequency of drunk driving,” said Richard Mallow, executive director of MADD. “By providing a reliable ride at the push of a button — no matter the time or place — Uber is helping people make better, safer choices.”

“When empowered with access to more transportation options through Uber, people are making responsible choices that result in fewer alcohol-related crashes,” said Chad Dobbs, general manager, Uber New York. “By continuing to work with local leaders and MADD, we can help make New York’s streets safer. We hope that residents decide to leave their cars at home on Wednesday and use options like Uber to get around.”

An independent study conducted by Temple University found that Uber’s entrance into various cities in California resulted in a 5 percent decrease in the number of people killed in alcohol-related car crashes. Uber also surveyed its U.S. rider base, and respondents told us Uber has helped them make safe decisions to get home. 

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Uber is proud to be selected as the official Designated Driving App of Mothers Against Drunk Driving. To learn more about our partnership, visit our website.

Press release:

Genesee County STOP-DWI Coordinator Matt Landers announced today that the Genesee County Sheriff’s Office, City of Batavia Police Department and the Village of Le Roy Police Department will participate in a special enforcement effort to crackdown on impaired driving.

This Thanksgiving Weekend, millions will hit the roads eager to spend time with family and friends. It’s one of the busiest travel times of the year, and unfortunately more people on the roadways means the potential for more vehicle crashes.

In a combined effort to stop impaired driving, prevent injuries and save lives law enforcement officers across New York State will take to the roads. The statewide STOP-DWI Crackdown efforts start on Nov. 27^th and will end on Dec. 1^st.

Research shows that high-visibility enforcement can reduce impaired driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. New York State Police, County Sheriff and municipal law enforcement agencies across the state will be out in force.

The STOP-DWI Thanksgiving Weekend Crackdown is one of many statewide enforcement initiatives promoted by STOP-DWI NY and the Governor’s Traffic Safety Committee. Throughout the remainder of the year the statewide STOP-DWI Crackdown Campaign will also target the national Holiday Season in December.

While STOP-DWI efforts across New York have led to significant reductions in the numbers of alcohol and drug related fatalities, still too many lives are being lost because of crashes caused by drunk or impaired drivers. Highly visible, highly publicized efforts like the STOP-DWI Crackdown Campaign aim to further reduce the incidence of drunk and impaired driving.

You can help to make a difference by having a sober plan! Download our mobile app – “Have a Plan” and you will always be able to find a safe ride home.

Impaired driving is completely preventable. All it takes is a little planning. Have a safe and happy Thanksgiving Weekend!

Justin P. McGirr, 37, of Ross Street, Batavia, and Jeremiah T. Jones, no age or address provided, are charged with disorderly conduct by way of fighting/violent behavior. They were arrested on Ross Street at 1:07 p.m. on Nov. 23 after Batavia police allegedly observed them fighting. Both were issued appearance tickets and are due in Batavia City Court on Dec. 3. The case was handled by Batavia Police Officer Joshua Girvin, assisted by Officer Stephen Quider.

Timothy Allen Zorn, 28, of Hall Street, Batavia, is charged with criminal obstruction of breathing, third-degree assault and unlawful imprisonment. Batavia Police Officer Peter Post arrested Zorn on the charges at 3:30 p.m. on Nov. 21 on Hall Street following a domestic dispute. He was arraigned in Batavia City Court and released under supervision. Zorn is due to return to court on Dec. 4. Officer Peter Flanagan assisted in the arrest.

Katrina Lynn Drake, 29, of Locust Street, Lockport, is charged with fourth-degree criminal mischief. Drake was arrested after a domestic incident that occurred at 2:20 a.m. on Nov. 21 on Maple Street in Batavia. Drake allegedly damaged property. She is due in Batavia City Court on Dec. 5. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Peter Post.

Susan Marie Devault, 49, of North Main Street, Holley, is charged with petit larceny. She was arrested on Nov. 25. She is accused of stealing a carton of cigarettes at a store on Bloomingdale Road on the Tonawanda Indian Reservation at 9:92 p.m. on Nov. 17. She was issued an appearance ticket for Dec. 11 in Alabama Town Court. The case was handled by Genesee County Sheriff's Deputy Jared Swimline, assisted by Sgt. Ronald Meides.

Matthew J. Florian, 31, of Pratt Road, Batavia, is charged with failure to appear. He was arrested Nov. 21 on a bench warrant out of Batavia City Court for failing to appear as scheduled on July 23. He was released on his own recognizance. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Christopher Lindsay.

If the City of Batavia is going to address the concerns of some residents about an apparent deer overpopulation, an expert told the City Council on Monday night, the solution will require study and consideration and will need to be an ongoing effort for many years to come.

"It's not something you can just do once," said Susan D. Booth-Binczik (top photo), a wildlife biologist with the state Department of Environmental Conservation. "The deer are not going to stop doing what they do. They're not going to go away. Whatever you do, you have to do it year after year. Otherwise, you're going to end up right back where you started."

City Council President Eugene Jankowski said the city will soon appoint members to a committee to study the issue and come up with a plan for the city to pursue.

Deer become a problem, Booth-Binczik said, when the populations in certain areas become too large. Besides destroying property and presenting a road hazard, they upset the balance of the natural habitat.

And population centers are a natural place for deer herds to grow and become comfortable.

"Deer do really well living with us -- they're in our neighborhoods because we've created sort of deer habitat," Booth-Binczik said. "There's plenty of food, a lot of it in our yards and gardens. There's plenty of the edge they like because we like patches of forest mixed in with our lawns and golf courses and there isn't a lot of mortality."

If there isn't a mortality rate of at least 30 percent per year, deer populations will grow, and left unchecked, a deer population in a particular area will double in size very two to three years.

Killing deer, preferably does, may be the most effective way to reduce the deer population.

Solutions range from efforts to encourage or enable hunting to culling.

Culling involves allowing hunters to kill deers outside the regular hunting regulations, such as out-of-season, at night, and with bait.

Or the city could become the lead agency -- or allow another organization to be it -- and work out rules and guidelines for hunters so hunters could more easily go after deer in and around the city. This would mean getting permission from property owners for hunters to go on their land to either hunt or retrieve dead deer.

"What the municipality can increase residents' comfort level with -- the idea of hunting in the community -- is to run what's called a controlled hunt," Booth-Binczik said. "This is just a way to formalize the ability of the local landowners have to set restrictions on hunters that they allow on their property."

Typically these programs only allow hunters to kill does but since most hunters want bucks for the trophy of antlers, the city could provide a hunter with a permit to kill a buck after first killing two or three does as an incentive to first hunt does.

Thinning deer herds is important not just for community residents, Booth-Binczik said, but for the entire ecosystem.

"They essentially eat all of the plants on the forest floor," she said. "So they reduce plant diversity by destroying habitat. They reduce wildlife diversity. And they also threaten the future existence of the forest because when a big tree dies and falls, there's nothing to replace it because the deer have eaten all the baby trees."

Submitted photo and press release:

City of Batavia Historian Larry Barnes (above, right) and Holland Land Office Museum Executive Director Ryan Duffy (pictured left) announce the publication of an amended version of the "History of the City of Batavia" written in 1993 by Ruth M. McEvoy.

The original book, published 26 years ago, has long been out of print, but continues to be in demand among local residents. Barnes and Duffy decided to address this situation by working with Michael Hodgins of Hodgins Printing Co. to scan a surviving original copy and then print another 200 books for sale to the public.

These copies are now available at the Holland Land Office Museum bookstore.

The reprinting of McEvoy’s book provided an opportunity to correct errors in the original publication. To this end, Barnes identified 50 instances where errors had crept into McEvoy’s otherwise excellent book. Three additional pages are inserted into the amended edition for the purpose of pointing out the appropriate corrections.

McEvoy was the Batavia city historian from 1971 to 1985. She was also director of the Richmond Memorial Library for eight years in addition to serving as a member of many community organizations including the Holland Purchase Historical Society. McEvoy, now deceased, was named a “Fabulous Female” by the YWCA in 2003.

Barnes views McEvoy’s book, his own "History of Batavia: 1801 to 2015" (available online through the City’s website), and his Batavia Revisited (published by Acadia Press) as the three publications which together provide the most comprehensive history of the city. According to Barnes, each in its own unique manner complements the other two books in a way that readers should find especially satisfying.