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House struck by lightning in Darien

By Howard B. Owens

A house at 682 Sumner Road, Darien, has reportedly been struck by lightning and there is an odor of smoke in the residence.

Darien fire dispatched.

UPDATE 11:25 a.m.: A chief reports the lightning struck near the house, a few breakers tripped, the smoke appears to be coming from a TV, and the house will be checked with a thermal imaging camera. 

UPDATE 11:39 a.m.: Darien back in service.

Northern stars: Canadian rockers shine brightly at Batavia Downs Gaming

By Mike Pettinella

Veteran Canadian rockers Kim Mitchell (top photo) and Carl Dixon performed before a large and enthusiastic crowd tonight at Batavia Downs Gaming. The latest installment of the Downs' summer concert series also featured WNY bands Missing Star and Steelhorse. Photos by Mike Pettinella.

Two-vehicle accident reported on Route 77 at Sumner Road

By Howard B. Owens

A two-vehicle accident, with one vehicle in a ditch and one car blocking is reported at Alleghany Road and Sumner Road, Darien.

Darien fire and Darien ambulance responding.

There are six patients -- so far no serious injuries reported -- so two ambulances required.

UPDATE 4:30 p.m.: Alexander fire's ambulance requested to the scene.

UPDATE 4:49 p.m.: One patient is being transported to ECMC. One patient is a sign-off. Three are refusals.

Batavia native and artist unveils 30-foot-tall mural in Buffalo this weekend

By Lauren Leone

BUFFALO -- eRic (sic) Luplow, a Batavia native and surrealist-folk “sur-folk” watercolorist, will unveil his eye-catching Yellow Dog Mural at 2:30 p.m. Sunday at Elmwood Village, Buffalo.

Luplow recently completed a mural painting of a 20' x 30' angular, cube-like yellow dog on the side of the Visualeyes City optical shop building at 735 Elmwood Ave. The vibrant mural will be dedicated by Joel Feroleto, City of Buffalo common council member.

An art reception inside Visualeyes City will follow the unveiling.

To design his two-story-high image, Luplow referenced his sur-folk yellow dog painting from several years ago and worked with the dimensions of the building to recreate his piece. Over the course of four days, Luplow used a lift to outline his sketch with chalk and marker and add color to the project with wall paint.

The Yellow Dog Mural in Buffalo is his largest painting to date; his last mural is in the Valley International Airport in Harlingen, Texas.

“I’m a watercolor painter, so a mural is pretty far out there for me," Luplow said. "My biggest piece of work is usually 20 inches by 30 inches."

Luplow has had a passion for drawing and painting from a young age. He graduated from Batavia High School in 1975 and began as an electrician before pursuing his love for art.

Luplow currently resides with his wife, Peggy, in Truchas, NM, where he displays art in his gallery and paints in his trademark sur-folk style. Luplow describes sur-folk as a fusion of surrealism and folk art.

Sur-folk features vivid colors that mimic the hues and shapes found in the culture and landscapes of New Mexico. Luplow uses watercolor paints to capture his memorable experiences and personal struggles.

The watercolorist said family, friends and nationwide art collectors are traveling to Buffalo to view the mural, so he is excited to show off his artwork in the area of his upbringing for the first time.

“Everybody, whatever they do, is proud of it," Luplow said. "I’m proud of being an artist."

More of eRic Luplow’s work can be viewed at his website: www.ericluplow.com.

Photos courtesy of eRic Luplow.

Habitat for Humanity Women Build seeks community sponsors for August project

By Lauren Leone

Habitat for Humanity of Genesee County is seeking sponsorship for its next Women Build Day construction project in August.

For the first time in seven years of Habitat for Humanity’s Women Build, crucial funding for the build has been pulled since Lowe’s, the major sponsor of the build, shifted its funding to larger areas.

This loss, however, won't silence the sounds of nail pounding and wood cutting. Rather, it presents a new opportunity for community businesses and organizations to sponsor the work of the Women Build volunteers.

The upcoming build next month is an offshoot of Habitat for Humanity’s National Women Build Week in May. The weeklong event recognizes women in construction trades and encourages women to hone their construction skills while helping deserving families. 

All volunteer teams will build under the supervision of a construction leader who will assist their group throughout the workday. No prior experience is needed to volunteer for the Women Build, and equipment will be provided.

The build will occur from 9 a.m. to 3 p.m. Aug. 3 at Northgate Free Methodist Church's South Campus, located at 350 Bank St., Batavia.

Women will work in teams to assemble walls, which will be transported to Habitat’s new construction home at 45 Clifton Ave., Batavia, at a later date. Past Women Build houses include locations on Oak Street, East Main Street and Harvester Avenue in Batavia.

The site at 45 Clifton Ave. will become home to a hard-working mother of three who is excited about the opportunity of homeownership through Habitat for Humanity’s program. Habitat hopes to raise $5,000 from now to Sept. 3 for this build. 

“As a community, we are going to raise $5,000 to make affordable homeownership a reality for [the homeowner] and her children," said Lauren Casey, CEO of Habitat for Humanity of Genesee County. "And even more, on Aug. 3, nearly 60 volunteers will work to physically advance the construction of her home.” 

Businesses are encouraged to visit Habitat’s website here to donate to Women Build 2019 and support its mission to provide safe, decent and affordable housing for families in the community. Sponsors can also make gift-in-kind donations, including labor and building materials.

Habitat extends its gratitude to local businesses that support Habitat’s goals through these generous donations. Interested sponsors can contact Habitat’s office at (585) 345-1656 or email info@geneseehabitat.com to learn more about Women Build 2019.

Law and Order: Batavia man accused of stealing then inhaling can of compressed air from Walmart

By Billie Owens

Carlton Lynn Beardsley, 24, of West Main Street Road, Batavia, is charged with third-degree burglary and petit larceny. On June 27, Beardsley was arrested following an investigation into an incident that occurred on June 14 at the Walmart in Batavia. He allegedly stole and inhaled an aerosol compressed air can used for cleaning electronics from Walmart, after already being banned from the store due to a previous incident. Following his arraignment in Batavia Town Court, he was jailed in lieu of $1,000 cash or $2,000 bond. He is due to return to Batavia Town Court on July 27. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Sgt. Michael Lute.

John E. Daley, 63, of Bank Street, Batavia, is charged with two counts of second-degree harassment -- physical contact. Daley was arrested after an altercation at 1:48 p.m. on June 29 on Bank Street. He was released on an appearance ticket and is due in Batavia City Court on July 9. The case was handled by Batavia Police Officer Miah Stevens, assisted by Officer Kevin DeFelice.

Stacey C. McCaffery, 36, of North Street Road, Le Roy, is charged with driving while ability impaired by alcohol and aggravated DWI. At 6:43 p.m. on June 30 McCaffery was arrested on the charges after allegedly operating her vehicle at a high rate of speed while being unable to maintain her lane on Route 5. She is due in Batavia City Court on July 10. The case was handled by Batavia Police Officer Peter Post, assisted by Officer Stephen Quider.

Colleen M. Hutchinson, 44, of Bank Street, Batavia, is charged with criminally using drug paraphernalia and possession of a hypodermic instrument. On July 2 and 6:19 a.m., Batavia PD was dispatched to the area of Hutchins Street for a female who was reportedly "shooting up." Patrols located Hutchinson and she allegedly possessed a hypodermic instrument and two glass "crack" pipes. She was issued an appearance ticket and is due in Batavia City Court on July 16. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Stephen Cronmiller.

James J. Preedom, 34, of Ellicott Street, Batavia, is charged with having a controlled substance not in its original container and criminal possession of a controlled substance in the seventh degree. Preedom was arrested after an investigation into a disturbance complaint at 11:22 p.m. on July 1 on State Street in Batavia. He was issued an appearance ticket for July 23 in Batavia City Court then released. The case was handled by Batavia Police Officer Stephen Cronmiller.

Alert citizen helps Le Roy police nab parolee suspected of breaking into cars and stealing stuff

By Billie Owens

From the Le Roy Police Department:

The Le Roy Police Department arrested a 47-year-old parolee who is thought to be responsible for the rash of larcenies from vehicles over the past few months.

Andrew L. Kosiorek, of 61 Myrtle St., Le Roy, (inset photo left) was arrested Wednesday, July 3, at about 11 p.m. after he was seen by an alert citizen allegedly prowling the North Street area of the village, attempting to enter numerous vehicles and actually entering at least two vehicles stealing items from within.

The alert citizen called 9-1-1 and directed the responding patrols to an area of South Street where Kosiorek had walked. Kosiorek was detained and then arrested by the patrols and allegedly found in possession of property recently stolen from vehicles on Church Street and North Street. Kosiorek was also allegedly found to be in possession of a crack cocaine pipe.

Based on other information gathered throughout this investigation, the Le Roy Police Department believes that Kosiorek is the person responsible for the rash of larcenies which has been steadily increasing since May 4.

Kosiorek was charged with two counts of misdemeanor criminal possession of stolen property, three counts of misdemeanor attempted petit larceny and one count of misdemeanor criminal possession of controlled substance for the crack pipe.

Kosiorek was arraigned in Le Roy Town Court and put in Genesee County Jail in lieu of $3,500 cash bail.

The Le Roy Police Department wishes to thank the Genesee County Sheriff's Office, the New York State Police and the citizens of Le Roy who constantly partner with the Le Roy Police Department to help add extra eyes and ears to help protect our community.

Accident reported at Route 5 and 77

By Howard B. Owens

A two-vehicle accident is reported at Main Road and Alleghany Road, Pembroke.

There are potentially as many as five patients and there is entrapment. 

Corfu fire and Mercy EMS dispatched.

UPDATE 12:38 p.m.: Pembroke fire and Indian Falls fire also responding. The intersection is blocked.

UPDATE 12:43 p.m.: Injuries to the person trapped in the vehicle do not appear to be serious, according to a first responder on scene.

UPDATE 12:44 p.m.: Darien's ambulance requested to the scene.

UPDATE 12:46 p.m.: A young child has bruises, abrasions and cuts.

UPDATE 12:58 p.m.: The patient has been extricated.

UPDATE 1:13 p.m.: The road has reopened.

STOP-DWI night at ball park July 17 includes bike giveaway, free tickets for children

By Howard B. Owens

Press release:

The Genesee County STOP-DWI and Youth Bureau are having their Annual Night at the Ballpark on Wednesday, July 17th at Dwyer Stadium. The first 200 youth under 16 can get in free to the event. You can redeem your free ticket at the box office that night!

There will also be free Muckbucks or T-shirts to the first 200 youth, and more than 500 prizes and giveaways on hand. A chance to win a bike from Adam Miller Toy and Bicycle will be given away this night.

A variety of educational booths will be on hand, including one with the Genesee County Sheriff’s Office with child ID kits. In addition to the ballgame, a magician will entertain from 6-8 p.m.

Sarah Palermo from GCASA’s Victim Impact Panel will be throwing out the first pitch!

All of this is made possible from our wonderful sponsors and contributors: GCASA, Genesee County Interagency, Genesee County Sheriff’s Association, Kiwanis Club of Batavia, United Memorial Medical Center, United States Gypsum Co, The Original Red Osier Landmark Restaurant, Western New York Association of Chiefs of Police, Salmon Orthodontics, Gerace Realty, Polish Falcons, Loyal Order of the Moose, Tops Friendly Markets, and Adam Miller Toy and Bicycle.

Gates open at 6 p.m. and the game starts at 7:05.

Photo: Undersheriff Brad Mazur, Asst. County Manager/STOP DWI Coordinator Matt Landers, Asst. Police Chief Todd Crossett, Chelsea Green, John Roche, owner of Adam Miller Toy and Bicycle, Joanne Amon, Sheriff William Sheron Jr.

Heat advisory issued for Western New York

By Howard B. Owens

The National Weather Service has issued a heat advisory for this morning through early evening with a heat index into the upper 90s.

The combination of high temperatures and high humidity will combine to create a situation in which heat-releated illnesses are possible, the weather service warns.

The weather service advises: drink plenty of fluids; stay in air-conditioned rooms; avoid extended time in the sun; and check on relatives and neighbors.

City PD assisting in investigation into Hutchins Street fire

By Howard B. Owens

Batavia PD and state investigators were working with City Fire investigators this morning to help gather evidence for further examination at the scene of an early morning fire on Hutchins Street that sent one person to Strong Memorial Hospital with serious injuries.

Fire Chief Stefano Napolitano said two dogs from the NYS Office of Fire Prevention and Control participated in the investigation this morning, including one K-9 that is trained in accelerant detection.

It will take two or three days for the evidence to be analyzed before investigators can start to draw any conclusions about the cause and origin of the fire.

Two people were taken to area hospitals this morning after the fire was reported at 2:59 a.m. Flames were showing from the attic and when the first City fire crews arrived on scene, two people were trapped on the second floor with their heads out of windows. Before crews could get ladders in place one person jumped from the second floor and suffered multiple injuries.

The second person was rescued by a firefighter on a ladder. That person was treated and released at UMMC.

The four-unit apartment building at 13 Hutchins St. was constructed in 1920 with a remodeling in 1970. It's a brick building with vinyl siding, which Capt. Bob Fix said this morning complicated the initial attack of the fire and allowed the heat to be trapped in the building.

Some firefighters required treatment for heat-related difficulties.

The 1,932-habitable-space complex is owned by Richard Siebert. The assessed value is $62,000.

Five residents were displaced and are being assisted by The Salvation Army.

Video from this morning's coverage:

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Dog locked in brown Ford pickup truck outside restaurant at Flying J

By Billie Owens

A dog has reportedly been locked inside a brown Ford F-350 pickup truck for 45 minutes outside the restaurant at the Flying J Travel Plaza in Pembroke.

The plaza is located at 8484 Alleghany Road. An animal control officer is responding. It's 85 degrees outside.

House fire on Hutchins Street in the city

By Billie Owens
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There's a house fire at 13 Hutchins St. and city fire crews are on scene. Oakfield Fire Department is en route to fill in at city fire headquarters.

UPDATE 4:30 a.m.: The fire is out. The second floor is gutted and one side of the structure was heavily damaged by smoke and flames, but it's still standing.

UPDATE 5:40 a.m. (by Howard): When firefighters arrived on scene, two people were trapped on the second floor. As crews were getting out of their trucks, one person jumped from the second-floor window and was seriously injured. The other person was rescued using a ladder. Both patients were transported to UMMC; the second person for evaluation of possible smoke inhalation. The Salvation Army has been requested to the scene to assist with the displacement of four households, five people total.

Statewide STOP-DWI crackdown begins today, ends Sunday

By Billie Owens

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.

The statewide STOP-DWI Crackdown efforts start today, July 3rd and will end on Sunday, July 7th.

The Fourth of July extended weekend is historically a deadly period for impaired driving. This year the 4th of July falls on a Thursday so we expect heavy traveling to begin on Wednesday, July 3rd and festivities to begin on July 4th and run through Sunday, July 7th.

Americans love to celebrate the Fourth of July with family, friends, food and fireworks, but all too often the festivities turn tragic on the nation's roads. The fact is this iconic American holiday is also one of the deadliest holidays of the year due to drunk-driving crashes.

Research shows that high-visibility enforcement can reduce drunk driving fatalities by as much as 20 percent. Sobriety checkpoints play a key part in raising awareness about the problem. The New York State Police, County Sheriff and municipal law enforcement agencies will collaborate across the state and will be out in force in this coordinated effort to aggressively target those who put lives in danger.

The Fourth Weekend Crackdown is one of many statewide enforcement initiatives promoted by the New York State STOP-DWI Association. The Statewide STOP-DWI Crackdown Campaign also targets Labor Day Weekend, Halloween and 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 www.stopdwi.org/mobileapp

Impaired driving is completely preventable. All it takes is a little planning.

United Way's 2019 campaign total is $351,676 and will aid 27+ GC programs and agencies

By Billie Owens

Press release:

The United Way of Genesee County announces its 2019 campaign total as $351,676. Through these donations, subsidies have been granted to 27 programs within Genesee County; to include numerous additional agencies who will receive funding via donor designations.

During the 2019 campaign celebration breakfast on June 28th, the following were honored for their dedication to the United Way:

  • Top Hat Award (for the highest workplace campaign) -- O-AT-KA Milk Products
  • Agency of the Year (for being the phoenix of agencies) – YWCA
  • Barber Conable Award (for exemplary commitment to the community) -- Genesee County Employees and Government
  • Volunteer of the Year (for her 13 years of unfaltering loyalty) -- Theresa DeMars

Acts of Valor awards were given to these Knights in Shining Armor, as they came to the aid of the United Way to find a solution for an immediate need that had been brought to the United Way’s attention:

  • Julie Gill from Home Depot
  • Gregory and Joan Post from Greg Post General Services
  • Jaylene Smith-Kilner from Habitat for Humanity
  • Tim Adams and Steven Foster from the Red Osier Landmark Restaurant

Liberty Pumps and the employees of Genesee County were the second and third highest workplace campaigns this year. Whereas, the late Rick Ensman and Bill and Barb Schreiber were the highest individual contributors.

The United Way of Genesee County is extremely grateful to all who participated in this year’s campaign. The lengthy list of workplace and individual donors is heartwarming and proves that so many are invested in the wellness of our community.

Hawley wishes everyone a Happy Independence Day

By Billie Owens

A Statement from Assemblyman Steve Hawley (R,C,I-Batavia) on the  Fouth of July holiday:

“The Fourth of July, our nation’s birthday, is a crucial reminder of the day our founders declared us free from British rule and thus an independent and self-governing nation. Although a bold and unprecedented move by American colonialists, it paved the way for springs of freedom and self-determination to erupt all over the globe – ushering in a wave of democracy.

“Our founding fathers, the patriots who forged our nation through a crucible of revolution, knew that the will of men and women to live free, govern themselves and choose their own destiny was undeniable and worth any sacrifice they may endure.

“Contemporarily, Independence Day is a time when citizens come together unified as Americans to celebrate their freedom and enjoy the privileges that come under our nation’s governance. We spend time with friends and family, enjoy barbeques, fly our flags and, of course, watch fireworks. 

“Throughout this weekend’s celebrations let us not take for granted the tremendous sacrifices paid by our veterans to preserve America’s freedom and the countless service members deployed across the globe who will not be with their families this holiday. Please take time to thank a veteran or service member in your life this weekend for their role in protecting our nation.

“The fight for liberty and justice is never complete; and as Americans it is our duty to remember and cherish our independence. It is a day to celebrate our freedom, our country, our triumphs and to remember all those men and women who have served our nation and who have made the ultimate sacrifice in pursuit of those ideals. 

“Although this holiday is a joyous occasion, I encourage everyone to stay safe and to celebrate responsibly with family and friends. Happy Independence Day!”

New at Picnic in the Park July 4th: Classic family games

By James Burns

This year GO ART! has added classic family games to the event schedule at Picnic in the Park in Centennial Park in Batavia this 4th of July.

Adam Miller Toy and Bicycle is helping with a hula hoop contest.

Roth Insurance is sponsoring the main event, the egg toss contest. The egg toss is open to adults and children over 13 years old. 

Keith Roth is providing a $50 prize to the winners of the egg toss. He says it will take "good hands" to win in this competition.

The contests will start at 2 p.m.

Pictured below is Libby practicing for the event.

The Yngodess Shop is sponsoring the sack race, which is also set to start in the 2 o' clock hour. Owner Christine Crocker was in her shop giving tips on sack racing to all her customers that were interested. 

Jessica at Whole Life Fitness must be feeling extra fit opening her larger new location and changing the name of the gym.

She is challenging EVERY child in Batavia under 13 years old to a tug of war against her and her crew.

She stresses that exercise and physical fitness is not only good for you but it is also fun. The tug-o-war will be at 3:45 p.m. and all children who participate will receive a prize. 

The 41st annual Picnic in the Park runs from 11 a.m. to 6 p.m. this Thursday July 4th. For more information click here.

Runners wanted for GLOW YMCA Corporate Cup team, event volunteers needed, too

By Billie Owens

Don’t have a team, but want to run in the Corporate Cup on Thursday, Aug. 1st.

Join the Y’s Team -- GLOW YMCA.

Register for the race at:www.glowcorporatecup.com

Interested in volunteering? 

We are looking for members like you to help us with: setup, traffic control, food and cleanup (*Must be over the age of 18 for traffic control.)

Time: 5-8 p.m.

Contact: Rachel Hale at rhale@glowymca.org

Defense motion for DA disqualification denied in Antwan Odom case, but gag order lifted

By Lauren Leone

Defense attorney Frank Housh’s motion for the disqualification of District Attorney Lawrence Friedman from the Antwan Odom assault case was denied, but the attorneys’ gag order was lifted today during oral arguments.

Housh is the defense attorney for Antwan Odom, the Batavia High School athlete charged with cutting Ray Leach with a knife during an alleged argument Aug. 4. Odom is accused of committing assault in the first degree, which carries a prison term of five to 25 years.

In May, Odom turned down Friedman’s offer to for him plead guilty to second-degree assault. The plea would be unconditional and expose Odom to a potential maximum sentence of seven years.

Housh did not feel there was enough of a guarantee from the court that Odom could be tried as a youthful offender and avoid a lengthy prison term, so his client declined the plea offer.

Friedman also filed an order to show cause (a little memorandum asking the judge to take action) in May requesting a gag order on both attorneys after Housh made statements to local reporters that Friedman considered a violation of professional conduct standards.

Friedman also filed an ethical grievance complaint with the state bar.

In response, Housh filed a motion to disqualify Friedman and assign a different prosecutor from an adjacent county to Odom's case. Housh said this motion was to protect his client from prejudice due to conflict of interest since, as he said he sees it, Friedman is prosecuting both him and his client.

Housh said that when Odom chose to not accept Friedman’s plea deal, both he and his client were attacked. He fears that Friedman’s assignment to this case may lower the public’s confidence in the justice system.

Housh said the grievance caused him to retain counsel and assume that every action he took for Odom would be used as evidence against him. Housh said he now represents his client in an unusual manner, such as consulting his personal attorney before consulting with his own client.

Housh insisted he wants to represent Odom but fears he will have to withdraw from the case due to personal, professional and financial costs. He said that his client’s Sixth Amendment right to counsel cannot be upheld if he is protecting himself from legal action. Odom's family and friends nodded their heads in agreement as Housh spoke.

Friedman explicitly opposed the motion. He said there is no merit to Housh’s argument and described it as “nothing short of ludicrous.” He maintained that Housh violated the rules of professional conduct, so it is not logical for the court to remove Friedman as the prosecutor when he was trying to uphold fair trial rights. 

Judge Charles Zambito rendered the decision that the district attorney did not demonstrate prejudice nor a conflict of interest and did not act in bad faith when he filed the grievance against Housh. So, the motion for disqualification of Friedman was denied.

In lifting the gag order, Zambito said that neither attorney opposed the gag order but that the local media did contact him to oppose the gag order based on First Amendment/free press grounds.

The Batavian filed a memo with the court objecting to the gag order, using material provided by the Reporters Committee on Freedom of the Press. 

Zambito lifted the gag order on the attorneys today.

Judge Zambito reminded the attorneys of the rules of professional conduct regarding extrajudicial statements to the media.

Friedman asked for a deadline for Housh to notify the court of his decision to continue to represent Odom. Zambito did not set a deadline because he trusts Housh will alert the court of any changes as soon as possible.

“With me or somebody else, my client is going to try his case," Housh said outside of court. "We believe strongly that the jury is going to see that this is a clear case of justification. My client was not the first aggressor.

“I think the judge is confident the lawyers understood their obligations. I don’t think I did anything wrong by explaining to the press what my motion was. The judge just wants the case to proceed to trial, and that’s what we’re going to do,” Housh added. 

Odom’s trial is slated to begin Aug. 5 in Genesee County Court.

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