news

Paul Ralph Avino, 46, of Ellicott Street, Batavia, is charged with: disorderly conduct; obstruction; resisting arrest; criminal impersonation of police officer in the first degree; and obstruction of governmental administration. Following a complaint at Six Flags Darien Lake at 7:31 p.m. on July 31, Avino was arrested. He was allegedly swearing in a public place; and he allegedly resisted arrest and obstructed governmental administration. He is accused of possessing a police badge and he is not a police officer. Avino was released on an appearance ticket and he is due in Darien Town Court on Sept. 3 to answer the charges. The case was handled by Genesee County Sheriff's Deputy Kyle Krzemien.

Morgan Ashlee Brown, 25, of Wyoming Road, Wyoming, is charged with third-degree assault. At 9:39 p.m. on July 31, Brown was arrested following the investigation of a domestic incident that occurred on July 25 on Ellicott Street Road in Pavilion. Brown was issued an appearance ticket and is due in Pavilion Town Court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Brittany M. Smith, 27, of Pringle Avenue, Batavia, is charged with second-degree harassment -- making physical threats. She was arrested at 9:26 a.m. on July 29 after allegedly threatening to assault Department of Social Services case workers during a child house visit. She was released on an appearance ticket for Batavia City Court Aug. 6. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Miah Stevens.

Penny B. Hargrave, 52, of Morrow Road, Pavilion, is charged with: driving while intoxicated; failure to keep right; moving from lane unsafely; leaving the scene of a motor-vehicle accident; and refusal to take a breath test. At 11:11 p.m. on July 30 on Ellicott Street Road, Pavilion, Hargrave was arrested, arraigned in Pavilion Town Court and directed to return to court on Aug. 6. The case was handled by Genesee County Sheriff's Deputy Jenna Ferrando, assisted by Deputy James Stack.

Duane K. Miller, 54, of Linwood Avenue, Warsaw, is charged with obstruction of governmental administration and illegal use of toxic vapors. Miller was arrested at 3:25 p.m. July 29 on West Main Street in Batavia. He was allegedly located huffing from an aersol can and refused commands to stop the behavior while being taken into custody. He was arraigned in Batavia City Court and jailed in lieu of unspecified bail. He was due to return to court today (Aug. 1). The case was handled by Batavia Police Officer Christopher Lindsay.

Kyle L. Humphres, 33, of Rockefeller Road, Phelps, is charged with second-degree criminal contempt. On July 31 he responded to Batavia Police Department and turned himself in on a warrant stemming from an unspecified incident on Willow Street in Batavia on Feb. 22. He was arraigned in Batavia City Court and released under supervision of Genesee Justice. He is due back in city court on Aug. 22. The case was handled by Batavia Police Officer Felicia DeGroot.

Christian Saez, 30, of Copeland Street, Rochester, is charged with petit larceny. He was arrested at 11:46 a.m. on July 12 after allegedly attempting to steal seafood from a grocery store. He was issued an appearance ticket for July 30 in Batavia City Court. The case was handled by Batavia Police Officer Peter Post.

Hector M. Arroyo, 44, of Mustang Circle, Geneseo, is charged with petit larceny. At 6:36 p.m. on July 29, Arroyo was arrested on East Main Street in Batavia after allegedly shoplifting from a local business. He was jailed in lieu of $1,000 cash or $2,500 bond. He was due to return to Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Jenna Marie Lange, 36, of Mustang Circle, Geneseo, is charged with attempted petit larceny. Lange was arrested after a shoplifting incident at a store on East Main Street Road in Batavia at 6:36 p.m. on July 29. She was issued an appearance ticket and was due in Batavia City Court on July 30. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Felicia DeGroot.

Shawntoy L. Pryor, 33, of Stockbridge Avenue, Buffalo, is charged with trespass. The defendant was arrested after allegedly trespassing on private property at 11:50 a.m. on July 12 on East Main Street in Batavia. He responded to Batavia Police Department headquarters and was issued an appearance ticket for Aug. 20 in Batavia City Court. The case was handled by Batavia Police Officer Marc Lawrence.

A car vs. bicycle accident is reported on Route 77 at Sumner Road. Darien Fire Department and Mercy medics are responding. A second ambulance is requested for an elderly female at the scene who has heart trouble and has difficulty breathing.

Mercy Flight was called for the bicyclist, then cancelled. The bicyclist will be transported to a hospital by ground ambulance.

A car vs. pole accident is reported in Bergen. The driver is out walking around with a possible leg injury. The address is 7682 Clinton Street Road, between Dublin and Jericho roads. Bergen Fire Department and Mercy medics are responding.

UPDATE 12:25 p.m.: Bergen command orders all equipment held in quarters. The pole is completely sheared in half; a couple of cable lines are attached to it. National Grid is notified; no ETA.

UPDATE 12:27 p.m.: The Mercy unit is put back in service; no need for response.

Press release:

For the second year in a row, Batavia will be honored with an inductee to the New York Penn League Hall of Fame.

The 2019 class features Batavia's Gene Baker, who was not only an outstanding player and manager, but a pioneer in breaking the color barrier in Minor and Major League Baseball.

Baker will be joined in the NYPL Hall of Fame with Jane Rogers, Josiah Viera and Bernie Williams.

The purpose of the New York‐Penn League Hall of Fame is to recognize individuals for their overall accomplishments and contributions to the league, on the field of play or in an administrative role, in addition to their overall career in baseball.

“As the oldest, continuously operated Class-A league in professional baseball, the list of players, coaches, field managers, general managers, and owners reads like a Who’s Who of Baseball,” said Ben Hayes, president of the New York‐Penn League. “We are proud to induct another class of extraordinary nominees.”

The following individuals comprise the New York‐Penn League’s 2019 Hall of Fame Class:

GENE BAKER

A man of firsts, Baker played a significant role in the history of the New York-Penn League and baseball in general when he broke the managerial color barrier by becoming the first African-American manager in organized baseball when the Pittsburgh Pirates named him skipper of the Batavia club in 1961.

In 1963, he became the second black coach in the major leagues following Buck O’Neill by a half season. He can also be credited with being the first black manager in Major League Baseball when he took over for ejected Pirates Manager Danny Murtaugh on Sept. 21, 1963.

After his coaching days, Baker spent many years as a scout for the Pirates' organization. He spent eight seasons in the majors with the Cubs and Pirates and was the first African-American player to ever make the Chicago Cubs' roster in 1953.

JANE ROGERS

As the first person hired by the Staten Island Yankees in 1999, Jane Rogers has been with the club for the entirety of its 20-year history in New York City.

Originally hired as the organization’s office manager, Rogers has progressed through various roles, including that of general manager, and her current position as senior vice-president, Baseball Operations.

Her tireless efforts leading the organization, and in particular the club’s relationship with the New York Yankees, have led to strong relationships with players and front office administrators alike. Rogers’ personality, generosity and kindness have led to her holding a special place in the hearts of many present Major League superstars.

During the three months that followed the tragic events of Sept. 11, 2001, Rogers was responsible for managing Richmond County Bank Ballpark’s operations, which included a 24-hour/7-day-a-week distribution center for NYFD, NYPD and other city agencies that used the ballpark for a staging area.

Over the past two decades, she has mentored and led countless former SI Yankees employees, who have gone on to become executives throughout organized baseball. In addition, Rogers has been an important contributor to the Staten Island community and the New York-Penn League as a whole.

JOSIAH VIERA

Josiah captured the hearts of baseball fans around the country during his life, but it was in the New York-Penn League, with the State College Spikes, that his impact was most directly felt.

Josiah was born with Hutchinson-Guilford progeria, a rapid aging condition. His joyous spirit and enthusiasm was a source of inspiration for players, coaches, staff and fans. During his time as the Spikes' honorary bench coach, Josiah helped propel the club to three Pinckney Division titles and New York-Penn League championships in 2014 and 2016.

Just like all of the other coaches, Josiah gave instructions, encouraged players and exhorted them with his life’s motto, “Never Give Up.”

His presence created an unforgettable moment at the 2019 NYPL All-Star Game, held at his home field, in State College, Pa. As he made the final pitching change of the game, he left the field to a standing ovation from both teams and every fan in attendance.

Late in 2019, Josiah passed away at the age of 14. While he is greatly missed by every member of the Spikes and the New York-Penn League family, Josiah's spirit remains as a shining example of determination and perseverance in the game of baseball and the game of life.

BERNIE WILLIAMS

Williams hit .344 as a member of the 1987 Oneonta Yankees playing in 25 games before a promotion to Ft. Lauderdale, Fla. He made his Major League debut with the N.Y. Yankees on July 7, 1991 and would go on to play his entire 16-year MLB career in pinstripes. In his 16 seasons, he collected 2,336 hits, 449 doubles, 287 HR and 1,257 RBI to go along with a lifetime batting average of .297. He is a four-time World Series champion and the all-time leader in postseason RBI with 80. He also ranks second all-time in postseason HR (22), hits (128), doubles (29), total bases (223), and runs (83).

A five-time All-Star and four-time Gold Glove winner, Williams won the 1996 ALCS MVP, 2002 Silver Slugger and 1998 AL Batting Title. He joined Yankee immortals by having his number 51 retired in 2015.

The New York‐Penn League Hall of Fame was established in 2012. Inductees are nominated and voted on by New York-Penn League club officials.

Inductions are scheduled to take place on Aug. 21, during pregame ceremonies at the 2019 New York‐Penn League All‐Star Game at Richmond County Bank Ballpark, home of the Staten Island Yankees.

Last year, the late Wayne Fuller was joined in the Hall of Fame with Marvin Goldklang and Andres Galarraga.

Fuller's voice was a constant in Batavia, the birthplace of the New York-Penn League. For almost four decades Wayne served various roles for his hometown team including radio broadcaster, PA announcer and official scorer from his spot in the Batavia press box which was named the Wayne H. Fuller Press Box in 2009.

Press release:

The GLOW Corporate Cup is tonight starting at 6 o'clock in Centennial Park. The 5K race will be traversing through several streets in the northeast section of the city.

Temporary road closures are expected on Richmond Avenue and Ellicott Avenue, along with other streets in the northeast area. Vehicular traffic should expect delays.

If possible, vehicles should avoid the area between 5:30 - 6:30 p.m. and be cognisant of the runners, who will be using city streets.

A map of the racecourse and further information about the event can be found at http://www.glowcorporatecup.org/

A car has reportedly hit a bicyclist in the area of 8020 Bank Street Road, Batavia.

Minor injuries reported.

Town of Batavia fire dispatched along with Mercy EMS.

UPDATE 7:33 p.m. Town of Batavia fire is back in service.

Volunteers from City Church and the national outreach program Eight Days of Hope went to two homes in Batavia -- one on Warren Street, the other on Cherry -- and made numerous repairs to the structures, at no charge, for the residents. City Church identified the homeowners who could use the assistance.

Press release:

There is an immediate need for volunteers to help older adults in Genesee County for: Meals on Wheels delivery; friendly home visits; budgeting and bill paying; out-of-county medical transportation; and delivery of library materials.

“My parents live in a town that doesn’t provide much in the way of supportive services," says a volunteer who fits in meal delivery on her lunch break from her job once a month. "As a Meals on Wheels volunteer here in Genesee County, I became aware of just how lucky we are to have this program, as well as so many others that are funded by the Marshall Fund.

"But, of course, even with funding, they wouldn’t be possible without the help of volunteers.”

That's so true, according to Courtney Iburi, director of the RSVP Volunteer Placement Program, “She is so right, the volunteers are absolutely necessary to the continuation of these critical programs.”

For as little as a couple of hours a month, you can help people live safely and independently in their homes. Opportunities are flexible to meet your needs.

Do you enjoy having a friendly conversation, driving, or organizing bills? If so, you can have a major impact in the lives of your neighbors and their loved ones.

Supplemental liability insurance is provided to all volunteers and mileage reimbursement may be available for some assignments.

Interested adults may contact Courtney Iburi, director of the RSVP Volunteer Placement Program at the Office for the Aging, at 585-343-1611.

Electricity lines are down across the roadway on Warboys Road in Byron, half a mile east of Route 237. Byron and South Byron fire departments are responding.

UPDATE 3:56 p.m.: The address is 6418 Warboys Road.

UPDATE 4:50 p.m.: The eastbound lane is open. A cable wire across the roadway is "still connected at both end," says the scene commander. The cable company is called.

Press release:

Representatives from Batavia Downs have announced that Michele Ladd, the founder of National Veteran Resources, will be bringing their 32-foot wrapped RV to the Tanya Tucker Concert this Friday, Aug. 2nd, at Batavia Downs.

The National Veteran Resources website aims to help veterans and first responders get resources for PTSD, suicide prevention, and addiction.

"I wanted to do something for our veterans and first responders that make the ultimate sacrifice for us, so I decided to get 'Boots on The Ground' and try to save lives," Ladd said. "I call this 'Operation 22 to ZERO' based on the fact that 22 veterans a day are dying by suicide."

Ladd said her motivation is her two sons, who are veterans. She has their pictures, along with other military men and women printed on her RV.

During her stops, Ladd meets different veterans and first responders and interviews them on camera. She then posts the videos online, hoping it can help someone else. Ladd also visits organizations across the country to add them to the website for resources.

"It’s real, I don’t edit, it’s raw, we laugh, we cry," Ladd said. "Just in three weeks, I’ve had over 100 family members, widows, veterans, reaching out to me, sharing their stories."

Ladd said she has traveled more than 35,000 miles to raise awareness and will continue her travels as long as the good Lord allows her.

"We are pleased to welcome Michelle to be present at Friday’s concert," said Henry Wojtaszek, president and CEO at Batavia Downs Gaming. "As a veteran myself, I appreciate people who take the time to reach out and help those who have served our country.”

Doors for the Tanya Tucker concert are at 4:30 p.m., with live music, starting at 5.  All VIP and Premium tickets are sold out, but $10 General Admission tickets are available at BataviaConcerts.com or in person at the Lucky Treasures gift shop.

Defense and prosecution attorneys delivered closing statements in a last attempt to persuade jurors to adopt their interpretations of the evidence from the July 24, 2018, murder of Raymond L. Morgan in his 111 Liberty St., Batavia, home.

After five days of the trial and three hours of deliberations, Richard D. Hanes was convicted of murder in the second degree this afternoon. The jury returned a unanimous guilty verdict to a suspense-filled courtroom packed with family members, legal counsel and law enforcement personnel.

A hazardous weather outlook was issued by the National Weather Service in Buffalo at 2:59 p.m. for Genesee County and other parts of Western New York, as well as North Central New York.

This afternoon and tonight expect scattered thunderstorms that may contain gusty winds and produce heavy downpours through early evening.

Lindsay A. Clemm, 37, of Batavia, was arrested on July 28 following a traffic stop on Route 19 in the Town of Warsaw. Clemm was stopped for allegedly going 56 mph in a 30-mph zone on South Main Street near Jefferson Street in the Village of Warsaw. Multiple other traffic infractions were allegedly observed in the Town of Warsaw while Wyoming County Sheriff's deputes attempted to get Clemm's vehicle to pull over. Clemm allegedly failed field sobriety tests. Clemm's vehicle was towed from the scene and she was taken to the Sheriff's Office where she was evaluated by a drug recognition expert. She was charged with driving while ability impaired by drugs and was processed and released to a third party. She is due in Town of Warsaw Court Aug. 12. The case was handled by Wyoming County Sheriff's Sgt. Colin Reagan.

James K. Penders, 47, of Pavilion, was arrested July 27 following a traffic stop for a loud muffler on Route 19 in the Town of Covington. He was allegedly found to have a revoked license dated June 22, 1996 and an expired license dated March 16, 1995. He was released with appearance tickets for Covington Town Court on Aug. 12. The case was handled by Wyoming County Sheriff's Deputy Adam Hope.

Richard D. Hanes was found guilty by a jury this afternoon of second-degree murder for the killing July 24, 2018, of Ray Morgan at 111 Liberty St., Batavia.

Murder in the second degree is a Class A-1 felony and carries a possible term of life in prison.

Hanes will be sentenced at 9:30 a.m., Aug. 28.

MORE T/K

A car fire, five feet from a residence, is reported at 81 Wolcott St., between Union and Clay streets in the Village of Le Roy. Le Roy Fire Department is responding.

UPDATE 12:34 p.m.: A first responder on scene reports a working car fire.

UPDATE 12:36 p.m.: A chief at the scene says "fire appears to be knocked down. Continue the equipment."

UPDATE 12:51 p.m.: The Le Roy assignment is back in service.

Press release:

The Le Roy Police Department is requesting assistance in determining the owner of the items depicted in the attached photographs. These items were recovered during the investigation of a rash of larcenies from vehicles, which were entered during the overnight hours in the Village of Le Roy.

If you recognize any of these recovered items, please contact Detective John Condidorio of the Le Roy Police Department at 585-768-2527, ext. 2219.

Proof of ownership may be requested before the property can be released.

A key issue in the July 2018 murder of Raymond L. Morgan — and a crucial piece of evidence that could connect the perpetrator to the 111 Liberty St., Batavia, crime scene — is the description of the man who jumped out Morgan’s window after the bludgeoning attack. 

This pivotal detail caused defense attorney Frederick Rarick to motion for a trial dismissal for his client, Richard D. Hanes, three times yesterday. Rarick argued that without DNA evidence, finger or palm prints or identification of Hanes at the scene, the case is “all speculative as to who that subject is.”

District Attorney Lawrence Friedman responded that eyewitness accounts of Hanes are not needed to overcome the prosecution’s burden of proof. Judge Charles Zambito denied all three of Rarick's motions because “the People have established each and every element of the offense,” so the jury should be able to reach a verdict on Hanes's second-degree murder charge. 

Detective Sgt. Kevin Czora, the last witness called by the prosecution, questioned inconsistencies about the gray sweatpants and green shirt — similar to those of the unidentified suspect — found in Hanes’s bedroom closet at his former 5 Thorpe St., Batavia, house. 

The clothing items recovered from Hanes’s closet did not match either the descriptions given by witnesses or the clothing items shown in surveillance video footage from Southside Deli, Marchese Computer Products and a Goade Park residence.

The videos also captured a man who appeared to be Hanes biking from Liberty Street to Ellicott Street at 11:13 p.m., moments before Batavia PD received a 9-1-1 call to the scene at 11:14 p.m. Czora testified to the possibility that Hanes arrived at 111 Liberty St. unnoticed by making a U-turn on Goade Park and cutting behind the house. 

Rarick called witnesses Michael Elmore, Danielle Case and Bonnie Cortright to attest to their recollections of the man who fled the scene. Elmore said his statement to police was mistakenly based on the premise that the individual who jumped out the window was Morgan. 

“I gave [Batavia PD] a description that resembled Ray Morgan,” Case also told jurors. 

Rebuttal testimony from detectives Matthew Wojtaszczyk and Thad Mart offered evidence against Case and Cortright. The detectives said the suspect was bald and wore sandals despite the women’s claims that the individual had short dark hair and wore sneakers. 

The jury must sort through these contradictory descriptions starting today in Genesee County Court. Jurors will hear closing arguments and elements of the second-degree murder charge before entering verdict deliberations. Hanes can be sentenced to life in prison if convicted.

In the six months since Kim Albanese learned of her mother's and brother's death in an accident on a snow-covered road on Route 98 in Elba, it hasn't stopped hurting, she said today during a stop at the accident scene where she placed some flowers in memory of Teresa M. Norton.

Norton would have turned 54 today.

In the six months since the accident, Albanese has given birth to a daughter. She also suffered the loss of her stepfather, who was the intensive care unit at Strong Memorial Hospital when he learned that his wife of 30 years and son had died.

"It still feels like a nightmare like still trying to put the pieces back together," Albanese said. "It's so hard. It feels like yesterday that they died. I still pick up my phone and go to call her or receive a phone call from her."

Norton and her son Thomas, 22, were northbound on Oak Orchard Road when she lost control of her 2008 Suzuki on a stretch of roadway that was heavily covered by drifting snow. Her Suzuki was broadsided by a pickup truck driven by Jeffrey S. Toussaint, 59, of Albion.

"That accident destroyed three families not just ours, but the guy that hit her," Albanese said. "We feel horrible because he was an innocent party in the whole thing. He was just in the wrong place at the wrong time. We don't blame him at all."

Given the conditions of the road and the lack of information forthcoming from the Department of Transporation about road conditions at that time, Albanese has retained an attorney, Jon Wilson, of Buffalo.

Wilson confirmed a lawsuit has been filed.

"The State answered and served various discovery demands and we are in the process of responding to those demands," Wilson said.

Albanese said telling her stepfather of his wife's and son's deaths was one of the hardest things she's ever had to do.

The whole process has been difficult.

"You watch it on the news and you're like, 'Oh that stinks for their family. I feel bad. My heart goes out.' But when it happens to your own family -- I lost my whole family in that instant, in that split second -- and I think the hardest part is I got stuck in the detour," Albanese said. "I was just at that light and I could see the tow trucks lights.

"But it was up on the hill, just right where I couldn't see my mom's truck. And I was like 'well, that's good maybe.' People tell me it was a good thing you didn't because I didn't go into labor because I could've had my daughter at 29 weeks pregnant."

Her fiancé, Cory Vanameron, said Albanese is a strong woman to go through what she's gone through. He said he's a bit older, more experience at life, he's been through the death of loved ones before but she doesn't see how she carries on.

"I couldn't do it," he said.

"I had my daughter two months after the accident," Albanese said. "(My mom) never once got to hold her. She never once got to see her. She was so excited to have a granddaughter and now just to look at my daughter, knowing she would never experience my mom, it's heartbreaking."

Previously:

• Mother and adult son killed in crash on snow-covered Route 98 in Elba
• Witness recalls scene of double fatal accident in Elba on Saturday
• State DOT declines to address road conditions at site of double fatal accident in Elba
• Vigil held in Elba for Teresa Norton and Thomas Norton, who died in collision on Route 98

An open burn in the city is reported at 130 Pearl St. City fire and law enforcement are responding. The location is between Roosevelt Avenue and Brooklyn Avenue.