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The Sheriff's Office has made an arrest in a fatal hit-and-run accident on Sumner Road, Darien, on Friday night after the Jason Aldean concert at Darien Lake Performing Arts Center.

Jennifer L. Serrano, 48, of Charles Street, Irving, is charged with vehicular manslaughter in the second degree and leaving the scene of a personal injury accident.

The Sheriff's Office executed a search warrant early this morning in Amherst and seized the vehicle they believe Serrano was driving when it struck Connor Lynskey, 18, of Hinckley.

Lynskey was camping with a group of people who attended the Aldean concert and they were walking back to Darien Lakes State Park on Sumner Road when he decided to run ahead and catch up with a friend.

None of the group apparently saw what happened. 

When they got back to the state park, they contact State Park Police because Lynskey had not returned. Park Police and deputies search the area but did not locate Lynskey.

At 11:51 a.m., Saturday, during another search of Sumner Road, Deputy Richard Schildwaster found Lynskey's body in a ditch at the side of the road.

Serrano was jailed on $100,000 bail or $200,000 bond.

Christopher Parker was the lead investigator on the case.

By Tim Bojarski, for Batavia Downs

Shawn Gray had the night of his life on Saturday (Aug. 11) as he won seven of the 12 races he drove at Batavia Downs and during that run, garnered his 4,000th career driving win.

Gray came into the night needing four wins to reach that plateau and once “The Maine Event” got rolling, there was seemingly no stopping him from getting to the winner’s circle. Besides his seven wins (which included the last five straight races of the night), Gray also had a second and two thirds giving him a stellar universal driver rating (UDR) of .685 for the night.

A native of Waterville, Maine, the 44-year-old Gray has been driving since 1993 when he got his first pari-mutuel win with Timer Choice at Presque Isle, Maine. He has been a regular on the New England circuit for his entire life, but in 2012 he came to western New York and made an instant impact on the racing scene here, taking the driving title at Batavia Downs that year.

Gray has also been a regular at Saratoga Raceway and Plainridge Park in recent years and enjoys the same success at those tracks as he does everywhere else.

In 19,230 starts, Gray has now won 4,003, has been second 3,098 times and third 2,709 more times making him more than 50 percent in the money for his career. That high percentage performance has earned him $15,114,821 in purses over that time.

Gray’s best career year was 2012 when he captured 356 victories and earned $1.859 million in purses. A habitual high percentage driver, Gray posted a personal best .440 UDR in 2011 but consistently ends the year in the high .300 range. Gray is currently second in North America in 2018 for UDR with a .404.

There was another horseman making history at Batavia Downs. Trainer James Clouser Jr. won a track record seven races on the card and posted an unbelievable universal training rating (UTR) of .917 in the process.

Clouser won with Freak On A Leash (1:55.2, $7.10), Whosurpapa (1:54.2, $3.20), Lenny Mac (1:57.3, $7.90), Upfront Countryboy (1:53.2, $4.20), Tyler (1:54.4, $2.90), Zipnthruthehall (1:54.3, $3.40) and Autobiographical (1:54.3, $2.60).

Gray drove six of Clouser’s seven winners.

The top Open pacing and trotting features were also contested on Saturday night.

Validus Deo, below, ($4.40) won the $10,500 Open Handicap pace in 1:54.3 for driver Kevin Cummings who also trains and co-owns the winner with Matthew Rosiek and Robert Johnson.

And BZ Glide, bottom photo, $29.60) upset in the $10,500 Open Handicap trot in 1:56.2 for driver Mike Caprio. Alana Caprio trains the winner for owner the Caprio Stable.

Live racing resumes at Batavia Down on Wednesday (Aug. 15) with post time set at 5 p.m.

A motor-vehicle accident with injuries is reported at 602 Genesee Street in Darien. Darien Fire Department and Mercy medics are responding.

UPDATE 7:41 p.m.: All patients were sign-offs.

It was a beautiful morning in Genesee County on my drive back from the fire in Le Roy.

The field and mist above is off of Circular Hill Road near the fire scene, and below a horse on a property off of Transit Road in Stafford, next door to where I stopped for a barn sale.

A structure fire is reported at 8010 Wilcox Road, Le Roy. Le Roy Fire Department is responding along with mutual aid from Pavilion, Bergen, Stafford and the City of Batavia. National Grid is called to the scene, as well as an ambulance from Caledonia. The location is off of Circular Hill Road.

UPDATE 6:30 a.m.: An engine and Fast Team from Mumford are also called in.

UPDATE 6:40 a.m.: A tanker from York is responding.

UPDATE 6:43 a.m.: Town of Batavia Fire Department is asked to stand by in its hall for Stafford Fire Department.

UPDATE 6:54 a.m.: Fire is knocked down; checking for extensions. York told to continue non-emergency.

UPDATE 7 a.m.: Le Roy's auxiliary is requested to the scene.

UPDATE 7:06 a.m.: One engine from Avon is requested to fill in at Le Roy's fire hall.

UPDATE 7:07 a.m.: A Le Roy engine at the scene is being rerouted to the Dunkin' Donuts shop on West Main Street, Le Roy, for the odor of something electrical burning inside a refrigeration unit there.

UPDATE 7:13 a.m.: An electrical problem in a bathroom is thought to have caused the fire on Wilcox Road, which damaged the bathroom. There is smoke and water damage in the house.

UPDATE 7:19 a.m.: The fill in for Le Roy from Avon is canceled; York at the scene will be the fill-in instead.

UPDATE 7:24 a.m.: The Dunkin' Donuts refrigeration unit is deemed to have a faulty motor, which has been disconnected. Le Roy's engine is returning to the Wilcox Road incident, and most of the mutual aid responders are put back in service.

UPDATE 7:42 a.m.: Command says Red Cross assistance will be needed for one adult and two dogs who lived in the home.

Trees on reportedly on fire on Knowlesville Road just north of Lewiston Road, Alabama.

Alabama fire and Oakfield fire dispatched.

UPDATE 1:08 a.m.: Units can respond non-emergency.

UPDATE 1:11 a.m.: It's a brush pile.

Press release:

Chris Collins’ decision to suspend his campaign is good news for New York State and good news for America. This will be a trying time for him and his family but the era of corruption he represents must come to an end.

"This tragic tale is yet another example of how a corrupt party machine has consistently betrayed the people of the 27th Congressional District," Democratic congressional candidate Nate McMurray said today.

“It’s absolutely true that Chris Collins should not be running for this or any other seat, a fact that the local Republican Party knew full well when they endorsed and celebrated him while he was under investigation for securities fraud,” McMurray said.

“And now the same machine that relentlessly attacked me for daring to question Mr. Collins’ record is attempting to get rid of him while gaming the system in order to hold on to a seat they can no longer win,” McMurray said. “New Yorkers and Americans are sick of this kind of charade and they are right to be.

“And it is a continuing disgrace that both parties have not said, with one clear voice, 'resign, Mr. Collins, and do it today.’ Well, let me do it for them: Mr. Collins, a suspension is one thing but it is time for you to resign. Do it today.”

McMurray said that Collins’ arrest earlier this week on insider trading charges has brought attention to a race and a region previously overlooked by national media and political insiders.

“Pundits who a week ago couldn’t pronounce my name or tell the difference between Hamburg, New York and Hamburg, Germany are now laser-focused on this campaign,” McMurray said.

“But my focus has never wavered. I want to be an independent voice for the people who work two jobs and still struggle to meet their mortgage and their health care bills, the forgotten working and middle-class families who will pay the price for the tax cuts and insider deals that make Chris Collins and his friends rich. I know what it is to struggle, and I want to help others in their struggle as well.

“In a sense, the contest for the 27th has changed dramatically in the past few days but fundamentally the issues are the same,” McMurray said. “It’s still about breaking a failed system that serves itself and putting the power back in the hands of the people. That’s what I have stood for since Day 1, and that’s what I will stand for come January 1 in Washington, D.C.”

An 18-year-old resident of Hinckley was struck and killed by a hit-and-run driver last night on Sumner Road in Darien, though his body was not discovered until late this morning.

At 12:30 a.m., the Sheriff's Office was notified by State Park Police that a member of a group of people staying at Darien Lakes State Park had not returned to the park from a concert at the Darien Lake Performing Arts Center.

Apparently, Connor Lynskey was on Sumner Road about 12:30 a.m. walking back to the group's campsite after Jason Aldean concert with a portion of the group he was camping with when he decided to run ahead and catch up with a friend.

After being notified that Lynskey was missing, deputies and troopers searched the roadways in the area but did not locate Lynskey. 

State Park Police conducted interviews this morning with members of the group and developed information that they might have heard a collision on Sumner Road while walking back to their campsite.

With the additional information, State Park Police and Deputy Richard Schildwaster were able to locate the victim.

He was pronounced dead at the scene by Coroner Karen Lang. His body was transported the Monroe County Medical Examiner's office for an autopsy.

There is no description available of the vehicle that hit Lynskey.

Anyone with information that may assist in the investigation is asked to call the Sheriff's Office at (585) 345-3000.

Assisting at the scene were the Darien Volunteer Fire Department, State Park Police, and State Police. The investigation is ongoing by Schildwaster, Investigator Chris Parker, the Crash Management Team, and Sgt. Jason Saile.

A porch fire is reported at 5 Prospect Ave., Batavia.

The resident is reportedly trying to extinguish it.

City fire dispatched.

UPDATE 2:46 p.m.: Fire out, checking for extensions.

The following people were arrested by the Genesee County Sheriff’s Office during the Jason Aldean concert at Darien Lake Performing Arts Center on Friday:

Robert A. Maharrey, 23, of County Road 149, Oklona, Miss., is charged with assault on a police officer after head-butting a deputy in the face breaking the deputy's nose. Maharrey was arraigned in Darien Town Court and jailed in lieu of $25,000 bail. Additional charges are pending.

Fredrick C. M. Dugan, 22, of Ward Road, Wayland, is charged with criminal trespass, 3rd, after allegedly reentering Darien Lake property after being ejected and told not to return. Dugan was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Brycen A. Thoms, 21 of Valen Court, Wellend, Ontario, Canada, is charged with criminal trespass, 3rd, after allegedly reentering the concert venue after being ejected and told not to return. Thoms was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Travis R. Bennett, 26, of Ch Lariviere L’isle-Allumettes, Ontario Canada, is charged with criminal trespass, 3rd, after allegedly climbing over a fence to enter the concert venue. Bennett was arraigned in Darien Town Court and jailed in lieu of $250 bail.

Stephen T. Imposimato, 21, of Whispering Hill Road, Woburn, Mass., is charged with criminal mischief, 4th, after allegedly smashing a window of another person’s car. Imposimato was arraigned in Darien Court and jailed in lieu of $250 bail.

Alexander C. Schweitzer, 21, of Towers Boulevard, Cheektowaga, is charged with criminal trespass, 3rd, after allegedly entering the concert venue through a back gate without permission. Schweitzer was arraigned in Darien Court and jailed in lieu of $250 bail.

Arthur J. Baker, 53, of Sparks Road, Arcade, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Marcus J. Haefner, 25, of Middle Road, Rush, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Shauna C. Lennon, 26, of Klemer Street, North Tonawanda, is charged with trespass after allegedly attempting to reenter the concert venue after having been ejected and told not to return.

Tyler S. Stroud, 22, of South Maple Street, Warsaw, is charged with trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Antonio M. Donoso, 25, of Victor Drive, Rochester, is charged with trespass after allegedly attempting to enter the concert venue after being ejected and told not to return.

Jacob H. Tillotson, 18, of Walker Road, Pavilion, is charged with criminal trespass, 3rd, after allegedly jumping a fence to enter the concert venue.

Wes S. Snyder, 31, of Kendall Road, Holley, is charged with harassment, 2nd, after allegedly pushing a Live Nation medic several times.

Brady F. Metcalf, 19, of Shelly Road, Livonia, is charged with disorderly conduct after allegedly punching another patron in the face while exiting the concert.

Aaron T. Mills, 26, of Elm Street, Canisteo, is charged with disorderly conduct after allegedly pushing another patron while exiting the concert venue.

Press release:

Democratic leaders called on Rep. Chris Collins (NY 27) to resign immediately, in the wake of his announcement that he was suspending his reelection campaign. They also decried the corrupt process of suddenly removing him from the ballot, long after the deadline for changing the ballot had come and gone.

Once again, the Republican establishment of NY 27 is making the interests of the voters play second fiddle to the desires of their own party to retain a stranglehold on power, no matter what. Jamie Romeo, Monroe County Democratic Chair, noted that "Chris Collins has been under an ethical cloud for over a year -- under a congressional ethics investigation -- but the Republican leaders thought it was just fine to have him on the ballot until a few days ago. It's only when they figured out that this seat was in jeopardy that they decided Chris Collins had to go."

Judith Hunter, the Livingston County Democratic chair, said "Republican bosses are absolutely taking the voters of NY 27 for granted again. The federal ballot is set; at least one county in the district has already printed them. But these arrogant power brokers think this seat is theirs to play with and have come up with a corrupt, legalistic sleight of hand without any input from the voters of NY 27. It's shameful."

Michael Plitt, the Genesee County Democratic chair, asked the obvious questions: "If Chris Collins' arrest is serious enough to make him suspend his campaign, why isn't it serious enough to make him resign? We're going to be saddled with a lame duck representative under criminal indictment who has been stripped of his committee assignment and any power in Congress, for what? His arrogant ego? It's a disgrace."

Michelle Schoeneman, of East Aurora, founder of Citizens Against Collins, says she is absolutely outraged: "The arrogance of Chris Collins insisting he is going to serve his term out is beyond belief. And the arrogance of the Republican bosses thinking they can just wave a magic wand and replace him on the ballot is equally outrageous."

"We Democrats are fortunate to have Nate McMurray as our candidate for NY 27," said Jeanne Crane, the Democratic chair of Orleans County. "We know he's going to put the interests of the voters first, whatever he does. He cares about the hard-working middle-class people of this district need, not what shady power brokers want."

The tweet that changed the complexion of the NY-27 congressional race had barely reached all of the followers of @repchriscollins before Republicans with aspirations to serve in Congress started declaring their interest in replacing Rep. Chris Collins on the GOP line of the November ballot.

Dick Siebert, chair of the GOP in Genesee County, said he's already heard from three candidates, including two from Batavia -- Steve Hawley and David Bellavia.

It will be up to the county chairs in the NY-27 -- given that the primary season is already past and it's less than three months to Election Day -- to pick whose name goes on the R line instead of Collins.

That is if a legal way can be found to get the incumbent's name off the ballot. Possibilities include, or so we are told, finding another elected office to appoint Collins to, such as a judgeship, or having Collins declare permanent residency in Florida.

"My reaction?" Siebert said when asked for his reaction to Collins suspending his campaign. "I was relieved that he did it. It was the right thing to do."

This morning, well before Collins announced he was getting out of the race, The Batavian interviewed Michael Caputo, a GOP political consultant from Buffalo and a close ally of President Donald Trump. Caputo talked at length about all the ways Collins staying in the race harmed Republicans and threatened the very survival of Trump's presidency.

"The scandal and prosecution are in small but profound ways a bad reflection on the president," Caputo said. "I don't think Chris Collins will ever darken the doorstep of the Oval Office again."

The president, Caputo said, learned a powerful lesson when he looked past allegations against Judge Roy Moore in the run-up to his Alabama Senate race about the Republican candidate's reputation for chasing teenage girls. 

Caputo said the closer he gets to Collins at this point, the greater the risk it will blow back in his face and he doesn't want a repeat of the Roy Moore fiasco.

"The president is inclined to look past mere partisan allegations because he weathers so many of those himself, but this 30-page indictment of the wealthy trying to preserve their wealth, it's a terrible look in the New York 27th, where the vast majority of voters are low to middle class on the economic scale," Caputo said.

It was Caputo who first introduced Trump to Collins in 2014 when Trump was considering a run for governor. Collins endeared himself to Trump during the 2016 campaign by being such a strong defender of Trump in television appearances but all that goodwill evaporated when Collins was arrested.

Then Collins became a liability, both because of the perception of his close proximity to the president, and because there is a recognizable danger of Republicans losing control of the House in the midterms.

"It may boil down to one or two seats," Caputo said before we knew Collins was dropping out of the race. "It may boil down to Nate McMurray and Chris Collins. If we lose control of the house, there will be impeachment proceedings, no doubt about it."

In an analysis of data about scandal-plagued incumbents running for reelection, the political prognostication site 538 gives Collins a slender 2 or 3 percentage point chance of winning the election in November.

With the race potentially cut down to a margin of two or three points, Caputo thought it would be a hard race for Collins to win without an energized base. He was already seeing rank-and-file party leadership peeling away from Collins since his arrest.

Collins would not be able to run an effective campaign without squarely addressing the allegations, which at his Wednesday press conference he was unwilling to do, Caputo said. Every time he appeared in public, the press would be there and the lasting image, if Collins wouldn't answer questions, would be of him running away from reporters.

And his own supporters wouldn't have been willing to defend him, then, in their neighbor-to-neighbor conversations.

"One by one, they (would) drop away and in the end, he (wouldn't) have the people to mount an effective get-out-the-vote effort," Caputo said.

That is the kind of tough-love analysis Collins probably heeded when he said in his withdrawal statement, "After extensive discussions with my family and my friends over the last few days, I have decided that it is in the best interests of the constituents of NY-27, the Republican Party and President Trump’s agenda for me to suspend my campaign for reelection to Congress."

The process for picking GOP congressional candidates for the GLOW region is heavily weighted toward Erie County and that process over the past decades has given us: Tom Reynolds, who retired under a cloud of scandals involving Rep. Mark Foley and the treasurer of National Republican Congressional Committee while Reynolds was chair; Chris Lee, who resigned after he was reportedly trolling for transgender women on Craigslist; and now, Chris Collins, accused of insider trading.

It's too soon to know if there are other GLOW-based candidates who might be interested in the seat beside Hawley and Bellavia, but there are Hawley and Bellavia. 

Steve Hawley, a six-term member of the state Assembly, was born and raised in Batavia, is a farmer, local business owner and was a member of the Ohio Army National Guard and the United States Army Reserves.

"Collins has suspended his campaign, whatever that means, but it's not clear if that means his name stays on the ballot or there may be some way to get his name off the ballot," Hawley said. "If that were to occur, I am proud to continue serving and helping people at any level of government and this is something I will look at if it comes up and certainly make a strong push for it."

David Bellavia was born and raised in Buffalo but is a longtime resident of Batavia. He is an American Iraq War veteran who was awarded the Silver Star for his actions during the Second Battle of Fallujah, along with other military awards and honors. He is currently a talk show cohost on WBEN. He lost a 2012 primary race to Collins, though he beat Collins in every county but Erie and Niagara.

"This is something I've dedicated 10 years of my life to doing," Bellavia said. "I'm committed myself since 2012  to correct my deficiencies in Erie and Niagara counties. I'm ready to run."

Previously:

• Chris Collins suspends campaign for Congress
• For area GOP chairs, uncertainty hangs over NY-27 race after arrest of Chris Collins
• Collins has reportedly used campaign funds to pay legal fees amidst ethics and criminal investigations
• In criminal indictment, Collins accused of lying to FBI about substance of conversation with his son while on phone at White House
• Collins mum on substance of insider trading charges, refuses to take questions at press conference
• Reform candidate for NY-27 responds to arrest of Chris Collins
• SEC complaint against Collins reveals alleged insider trading saved sellers $768,600
• McMurray responds to arrest of Rep. Chris Collins
• Chris Collins reportedly indicted by federal grand jury on insider trading charges

Yes, the Ellicott Station project is proceeding slowly, but it is proceeding.

Last night, Savarino Companies sought County Planning backing for a special use and site plan review, two formalities before they can start construction on the mixed-use complex that will include a brewery, apartments and office space.

"This might be one of the more complicated projects I ever work on in my lifetime because New Market Tax Credits are involved and the New Markets just haven’t really been paired with HCR money before," said Courtney Cox, development associate with Savarino. "We might be like the second case ever, so the legal teams are just trying to figure out how they want to make this work."

The New Market Tax credit is a mechanism that enables Savarino to secure private financial support for a bulk of the project's $17.6 million price tag. The New Market Tax Credit program, was created about two decades ago, in part to replace grants that financed many failed urban renewal programs. Tax credits on the project can be sold as assets to help create a market-driven way to encourage development in economically distressed neighborhoods. 

HCR is Homes and Community Renewal, a state agency that provides funding for housing in financially depressed neighborhoods.

These two financial programs are not commonly brought together and they have different criteria that developers must meet. HCR has a 30-year compliance period and New Markets has a seven-year period with a requirement to refinance after seven years, as one example of the complications that need to be worked out.

Still, Cox still estimates financing will close in this month or nextl, thereby allowing contractors to get a shovel in the ground before the first freeze. If crews can get the site cleared and foundations built before winter, then workers can put up steel and start working on walls.

The entire construction cycle, however, is estimated to be 24 months.

Despite these delays, the anchor tenant, Resurgence Brewing in Buffalo is patient, Cox said.

"They understand," he said. "We renegotiated some of the terms of the lease pretty easily between the two parties, so they're are hanging in there."

One of the biggest changes in the site plan is the apartment complex, which will now include 55 apartment units instead of 51.

That's a change needed to comply with HCR requirements.

"These programs all have design guidelines," Cox said. "There is a limit on how large one-bedroom, two-bedroom, three-bedroom units can be. In the original plan, the one-bedroom units were larger than what they allow, so we had to downsize."

The one-bedroom apartments will be about 785 square feet.

"They’re not tiny units by any means," Cox said. "I think it's just being efficient with space that public money is being invested into."

Even though no ground has been broken yet, Rachel Tabelski, director of the Batavia Development Corp., said Ellicott Station remains one of the state's ground-breaking projects.

"This is the first brownfield opportunity area -- they have these all over the state -- but this is the first one that is actually close to putting a shovel in the ground," Tabelski said. "So across the state, we are the poster child for having a developer come in and commit to this site and prove that the brownfield opportunity area works."

The success in getting the project this far has put Batavia on the map with investors looking to finance similar projects.

"This project is a catalyst," Tabelski said. "Everybody wants to know what’s going on. They’re calling us out of Manhattan now asking are there deals here they can play. That’s a huge testament to how big this is."

Plush Dozier, AKA Plush Kevin Dozier, is indicted for the crime of first-degree arson, a Class A-1 felony. It is alleged that on the night of June 15 or the early morning of June 16 that he intentionally damaged a building -- a residence on Maple Street in the City of Batavia -- by causing a fire. This fire caused serious physical injury to another person, who was present and not a participant in the crime, and the defendant allegedly knew the person's presence inside the residence was a reasonable possibility. In count two, Dozier is accused of second-degree attempted murder, a Class B felony. It is alleged in count two that at the time of the crime, Dozier acted with intent to commit murder in the second degree -- to intentionally cause the death of another person -- and engaged in conduct to that end.

Torrence C. Greene is indicted for the crime of criminal possession of a controlled substance in the third degree, a Class B felony. It is alleged that on Feb. 2 in the City of Batavia that Greene knowingly and unlawfully possessed a narcotic drug -- cocaine -- with intent to sell it. In count two, he is accused of the same crime for allegedly knowingly and unlawfully possessing one or more preparations, compounds, mixtures or substances containing cocaine that had an aggregate weight of one-half ounce or more.

Michael J. Mawn is indicted for the crime of aggravated unlicensed operation in the first degree, a Class E felony. It is alleged that on May 14 in the Town of Stafford that Mawn drove a 2000 Jeep Cherokee on Route 33 knowing or having reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities. It is further alleged that he did so while under the influence of alcohol. In count two, he is accused of DWI, as a misdemeanor, for allegedly driving while intoxicated on that day. In count three, Mawn is accused of driving while ability impaired by alcohol for allegedly driving that day while his ability to do so was impaired by the consumption of alcohol. In count four, he is accused of speeding, a vehicle and traffic law infraction, for allegedly driving in excess of the 55-mph speed limit. In Special Information filed by the District Attorney's Office, Mawn is accused of having been convicted of DWI, as a misdemeanor, on Jan. 7, 2005, in Monroe County Court and that conviction forms the basis for the suspended or revoked license referred to in count one. It further states that Mawn knew or should have known that his license was revoked because of the conviction and the revocation was still in effect when he committed the crimes alleged in the current indictment.

Gary D. Burney is indicted for the crime of bail jumping in the second degree, a Class E felony. It is alleged that Burney was released from custody or allowed to remain at liberty by court order, either upon bail or his own recognizance, upon condition he would subsequently personally appear in Genesee County Court in connection with a felony charge against him. He failed to appear on Jan. 9 or voluntarily within 30 days thereafter, hence the indictment.

A dog was reportedly stuck under the foundation of a house at 3810 Pike Road, Batavia.

Town of Batavia fire responded and the dog was just extricated.

Apparently, some ground gave way near the foundation.

Animal Control was also dispatched.

The Batavia City Council is prepared to extend a three-year contract to the new City Manager, with a starting salary of $110,000 and increasing by $2,000 annually afterward, at its Business Meeting on Monday.

According to an employment agreement posted on the City of Batavia website, the new manager's term of employment will commence on Oct. 15 and continue until Oct. 14, 2021, or until sooner terminated by the employer or employee subject to specified terms of the contract. The person's name was not included in the posted document.

Other perks include:

-- Retirement benefits through the NYS and Local Retirement System in step with other non-union City employees;
-- Medical insurance paid by the City for the new manager, "his spouse and his dependent children in accordance with the rules and requirements applicable to all other non-union employees of the City of Batavia.";
-- Three weeks vacation, plus accrued sick time, personal time or bereavement leave;
-- Reimbursement for city-related business expenses:
-- Relocation reimbursement of up to $10,000, verified by receipts;
-- Life insurance in step with other non-union City employees.

The contract also addresses suspension and termination, outside activities and performance evaluations.

The new hire will replace former manager Jason Molino, who left in January for a similar position for Tompkins County. Public Works Director Matt Worth has been handling the city manager responsibilities on an interim basis since Molino’s departure.

City Council President Eugene Jankowski said today that he had hoped the person's name would have been included in the document, but he was advised otherwise, citing a confidentiality agreement.

"I wanted to have that in there and I thought it would be in there, but I was told you can't release the name until the day of the meeting -- because of confidentiality -- until the person is ratified," Jankowski said. "When you walk in the door on Monday at 7 p.m., the agenda given to the public will have the name on it."

Jankowski said the new manager will not be able to attend due to a family wedding, but that a meet-and-greet is being set up for either Tuesday or Wednesday by video conferencing.

Press release:

As part of the last concert, Dave Lumberg, owner of Tim Hortons, of Batavia, received the annual Pam Frisby Friend of the Band Award.  Pam was a longtime board member and president for the Batavia Concert Band, and the Band honors her memory every year with a Friend of the Band Award. 

Tim Hortons was recognized for their generous donation each season of baked goods for the concession stand, of which the proceeds are used to fund a scholarship program for college students who play in the Batavia Concert Band. 

Pictured is Dave Lumberg, a Tim Hortons Batavia franchise owner, Anne Arent, BCB Board member, and Jason Smith, BCB general manager.

Tim Hortons received a certificate for display in their restaurant, and their name will be engraved on a special plaque displayed at every concert. Tim Hortons also donated the prize award back to the Batavia Concert Band.

The Band also thanks GO ART!, WBTA, the City of Batavia, and Genesee Community College for their support of our entire season, as well as the following concert sponsors: The Zehler Family, Rotary Club of Batavia, HE Turner & Company Funeral Home, Batavia Lions Club, Bailey Electric, GCASA, The Insurance Center, UMMC, friends of Neil Hartwick, the Pacino family, Michael Kubinec D.D.S., and Brighton Securities.  

Thank you to all our audience members who faithfully attended each week, and plans are already underway for the 2019 season!

Thirty years ago, Kathy Ferrara walked into Pontillo's thinking she was just taking a job to help her get through college at GCC.

She never left.

Today she is the owner of the successor to Pontillo's, Batavia's Original.

On Wednesday, she celebrated that 30th anniversary with friends, customers and employees.

"I loved it from day one," Ferrara said. "I look back and I wouldn’t have changed any of it. It was a great environment. I made lots of friends through customers, employees, hundreds of friendships."

Now, she says, she's just doing what she was taught by the Pontillos to do -- take care of employees and serve the community.

"I have pride and it’s humbling, both at the same time — to carry on the tradition of hiring students, college students and high school students, and watching them come through and seeing them make friendships here, just like I had when I was starting out."

 NOTE: In our previous coverage of the allegations of insider trading against Rep. Chris Collins, we cited a government document as a "criminal complaint." This was an oversight on our part and we subsequently corrected those stories to indicate we were referencing a civil complaint filed by the Securities and Exchange Commission. This story is based on the indictment against Collins and his co-defendants. To read the indictment yourself, click here.

Two of the alleged conspirators -- Lauren Zarsky and Dorothy Zarsky -- have reportedly admitted to the SEC that they engaged in insider trading and have agreed to return their "ill-gotten gains."

The SEC settlement is a civil matter. Neither of the women has been charged, at least so far, with a criminal offense.

The three men at the top of the alleged tip tree, however, could go to prison, if convicted, for up to 20 years.

They are, Rep. Chris Collins, his 25-year-old son Cameron Collins, engaged to Lauren, and Lauren's father, the 66-year-old Stephen Zarsky. They are charged with conspiracy, securities fraud, wire fraud, and making false statements to FBI agents.

According to the criminal indictment, the narrative of how Chris Collins came to be accused of insider trading begins with an email he received at 6:55 p.m., June 22, 2017. Collins was at the annual Congressional Picnic on the lawn of the White House when he reportedly read a message from Innate's CEO, who is Simon Wilkinson, according to the company's website.

"I have bad news to report," Wilkinson wrote. "The top line analysis of the 'intent to treat' patient population (i.e., every subject who was successfully enrolled in the study) would pretty clearly indicate 'clinical failure.' "

He continued, "Top-line 12-month data ... show no clinically meaningful or statistically significant differences in [outcomes] between MIS416 and placebo."

The email concluded, "No doubt we will want to consider this extremely bad news."

Collins responded at 7:10 p.m., according to prosecutors, "Wow. Makes no sense. How are these results even possible???"

He is then suspected of immediately attempting to contact his son. He called Cameron twice. Cameron called back three times. Chris Collins called him back. On their seventh attempt to connect, at 7:16:19 p.m., father and son finally spoke with each other. 

Video has surfaced that shows Collins pacing on the White House lawn at 7:17 p.m. talking on his mobile phone.

Chris and Cameron spoke for six minutes and eight seconds.

The indictment alleges the congressman revealed that the MIS416 trial failed, disclosing nonpublic information, knowing it was a breach of his duties and anticipating his son would trade on the information and tip others.

When Cameron Collins allegedly learned of the clinical trial failure, the over-the-counter market in the United States was closed.

At 7:42 a.m. the next morning, Cameron Collins placed an online order to sell 16,508 shares of Innate. The order was executed at 9:30 a.m. when the OTC market opened.

As the day worn on, Cameron allegedly placed 17 more orders to sell. He's accused of placing 36 more on Monday. 

During this flurry of trading, Chris Collins and Cameron Collins spoke on the phone several times, prosecutors allege. During one five-minute conversation, while still on the phone, Cameron Collins allegedly placed an order to sell 50,000 shares.

In all, he sold 1,930,500 shares during this trading binge. In all, he sold 5.2 million shares, according to federal documents. As a result, he allegedly avoided a loss of $570,900.

In the days before the CEO learned of the clinical trial failure, the future of Innate looked much brighter after the FDA cleared Innate to open what's called an Investigational New Drug application. That clearance moved Innate one step closer to a public release of its new multiple sclerosis drug. 

The company announced the good news June 21.

A few days earlier, on June 19, Lauren Zarsky used her online brokage account for the first time ever to buy Innate stock, grabbing 40,464 shares over a two-day period. 

According to the indictment, Lauren Zarasky didn't even own Innate stock for a full week. At 9:37 a.m., June 22, after reportedly meeting with Cameron Collins at her father's house, Lauren sold her entire Innate portfolio.

Lauren Zarsky avoided losses of $19,440 with the timely sale of her stock.

Lauren Zarsky has not been charged criminally. A spokesman for the Southern District in New York of the U.S. Attorney's Office said he was not permitted to discuss whether or not Lauren Zarsky has cooperated with investigators. 

Before Cameron Collins started his alleged stock dump, he went to the home of Stephen Zarsky, the indictment alleges and met with Stephen Zarsky, Lauren Zarsky, and Dorothy Zarsky.

According to prosecutors, Cameron disclosed information about the failed trial and informed the family that he would sell his shares but give the Zarskys a chance to unload their shares first out of concern that his share dump could potentially depress the share price. The indictment doesn’t reveal how investigators learned the substance of the conversation.

That night, at 9:34 p.m., before trading of Innate shares were halted in Australia, Dorothy Zarsky called her brokerage. A telephone rep walked her through the process of executing an online trade in Australia. That night, she sold 30,350 of her 50,000 shares on the ASX market. The next morning, she sold her remaining shares in the U.S. over-the-counter market. She avoided $22,600 in losses.

At 7:52 a.m., June 23, Stephen Zarsky allegedly contacted his broker and placed an order to sell his 303,005 shares at no less than 41 cents a share. That was well below the previous day’s closing price of 52 cents per share. His shares sold at 9:30 a.m. for 51 cents a share. Stephen Zarsky allegedly avoided $143,900 in losses.

Cameron Collins allegedly contacted another trader the morning of June 23 who immediately sold his holdings to avoid a loss of $680.

That same morning, Stephen Zarsky allegedly contacted three other people, including his brother, who held Innate stock.

Without disclosing how investigators know the contents of Stephen Zarksy's call to his brother, the indictment says that Zarsky advised his brother to sell his stocks. Investigators say Zarsky's brother concluded, without being told, that Zarsky had insider information from the Collins family, and sold his shares, avoiding a loss of $4,200.

The indictment also recounts a text message conversation Zarsky had with his brother (image at the top of this story), discussing two other traders who were allegedly advised to sell but didn’t.

Another Zarsky contact allegedly sold his shares and avoided losses of $6,700. 

During one conversation with an Innate stock owner, Stephen Zarsky reportedly told the person that Cameron Collins intended to purchase a house so he would have an excuse for the timing of his Innate trades if they ever came to light. That person Zarsky spoke with allegedly avoided $6,700 in loses.

Chris Collins is accused in Count Eleven of the indictment of lying to an FBI agent on April 25. He is accused of telling the agent that he did not pass along to Cameron Collins the confidential information before its public release that the drug trial had failed.

Cameron Collins was also interviewed by an FBI agent on April 25. He is accused of lying about his conversation with his father and lying about his knowledge of Stephen Zarsky’s Innate holdings.

Stephen Zarsky is accused of lying to a special agent of the FBI on April 25 by stating that he sold his Innate stocks solely because of his concern that Innate was too risky of an investment; that the investment had been recommended by a friend in Connecticut; that he didn’t know whether Cameron Collins had sold any shares, and that he did not know the drug trial results or discuss them with Cameron Collins prior to the public announcement.

Alabama fire is responding to a rollover accident with unknown injuries at 1748 Lewiston Road.