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Two Rochester men released without bail after allegedly fleeing police appear in City Court today as ordered

By Howard B. Owens
     Denzell Johnson        Shafatiah Miller

Two Monroe County residents, Denzell Johnson and Shafatiah Miller, fled police in the area of Ellicott Street and South Swan one night last month following an attempted traffic stop.

They were eventually captured and Johnson was charged with criminal possession of a weapon on school grounds, obstruction of governmental administration and unlawful fleeing a police officer.

Both men, under the terms of New York's bail reform initiative, were issued appearance tickets.

Social media wags said it was the last we would see of them in Genesee County.

Today, promptly at 1 p.m., they were both in City Court for their arraignments.

Both entered not guilty pleas and were ordered to return to court on March 12.

Judge Durin Rogers placed them on nonmonetary restrictions, such as a requirement to report to Genesee Justice and to report in as requested by the agency. Miller was given a curfew for 7 p.m. to 6 a.m.

Both were admonished that failure to comply with the court order could result in additional nonmonetary restrictions.

McMurray tweeted about his employer but mostly after he was put on unpaid leave

By Howard B. Owens

NY-27 resident Michael Caputo, a political strategist with ties to Donald Trump, took to Twitter today to ask why didn't we, in our story about Nate McMurray being put on unpaid leave by his employer, Delaware North, mention that McMurray has said "insulting things" about his company and its owners.

In a statement in the tweet directed at another reporter from Upstate New York, Caputo said, "how long would you last if you tweeted insults about the owners of (the name of the reporter's newspaper)." 

"Do more reporting," Caputo said.

Caputo raised a valid point -- at least insofar as we should have taken a closer look at those tweets, so we did.

In the past 30 days, McMurray has mentioned, either directly or indirectly, Delaware North or the Jacobs family 18 times. 

Sixteen of those tweets were posted since Feb. 8, which would have been after McMurray said he was placed on unpaid leave.

McMurray is running for the NY-27 seat vacated in September by Rep. Chris Collins, who pled guilty to federal insider trading charges. The family of McMurray's opponent, Chris Jacobs, owns Delaware North, where McMurray, licensed to practice law in New York, is a VP of business development.

Attempts to reach Jacobs or a member of the campaign for comment have been unsuccessful.

In an interview with Caputo this afternoon, Caputo said McMurray's tweets are problematic, and whether they came before or after McMurray was placed on unpaid leave, they should give voters pause about McMurray's judgment.

"This is the only public visibility that Western New Yorkers have to the kind of employee he was," Caputo said. "If he's willing to say those things for all the world to see, you can imagine what kind of teammate he was at Delaware North."

Caputo is not associated with the Jacobs campaign and is not currently working with any other potential candidate in the NY-27, though he did spearhead a "Draft David Bellavia" effort last year.

The Aurora resident said, "I know 100 attorneys who are more qualified than him who would kill for the job he has. From my perspective, if he ever darkens the door of Delaware North again, it would be a shame."

We spoke with McMurray briefly today and he dismissed the accusation that he was put on unpaid leave for his tweets but said he couldn't discuss the issue in detail.

"This wasn't something that happened suddenly," McMurray said. "This happened after mounting pressure."

He wouldn't elaborate on what he meant by "pressure."

As for the content of his tweets, especially those sent since Feb. 8, McMurray said, "My duty is to talk about issues relevant to the people of the 27th District."

From a review of McMurray's tweets over the past 30 days, the first reference we can find to his employers is from Feb. 1.

As a kid, the richest guy I knew was my uncle, an electrician with a Caddy.

My opponent’s uncle owns the gosh darn Boston Bruins.

That matters, is reflected in what we fight for.

Deep down, I will always be the kid in the grubby Sabre’s shirt yelling, “the Bruins suck!”

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 1, 2020

His next tweet was Feb. 3.

My opponent calls me a “deranged socialist loser.”

But his billionaire uncle paid me to be the Vice President of Business Development at their company for years! How does that make sense?

NOW HIRING: “Deranged socialist loser” status a plus!

(they will say anything...)

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 3, 2020

Starting Feb. 8, McMurray sent out 16 tweets that made reference to his job or his employers, including at least one that seemed to hint at his employment situation:

I work for the company owned by my opponent’s family. I’m going to talk about it, because it hasn’t been easy.

I like a lot of the people there. But here’s a secret...a lot of them like me. Many are proud. I’m proud.

Who doesn’t like telling the Boss...

YOU DON’T OWN ME.

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 8, 2020

One of McMurray's favorite targets during this tweetstorm is the Jacobs' family ownership of two casinos in Western New York.

When I leave our humble campaign office in Hamburg, I drive by the glowing casino owned by my opponent’s family...one of many.

Can you imagine owning a casino? Will Ferrell made a movie about it. He went to jail. It’s like printing money.

ELITE PRIVILEGE

That’s what we face.

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 11, 2020

In his tweets, McMurray hinted at corrupt motives of the Jacobs' family in promoting Chris Jacobs for Congress:

On both sides of NY27 are two big casinos. Full of people. Spending lots.

My opponent’s family owns both. In our part of the world only people named Jacobs and Native Peoples (under law) got casino licenses.

And now they want a Congrssman. To get more? Haven’t they got enough?

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 12, 2020

In one tweet, McMurray accused Jacobs of voting on a bill in the State Senate that affects the family casino businesses. We are unable to substantiate the claim.

Did Christopher vote on legislation affecting his family’s financial interests?

Yes. #NY27, didn’t we watch the last Congressman go to jail for doing some of that too?

Yes.

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 15, 2020

One of Caputo's issues with McMurray's tweets is that he is using the Jacobs' family wealth as a wedge issue as part of his seemingly progressive, anti-inequality campaign theme.

If your family owned half of Buffalo, had your name on everything from hospitals to hockey teams—while people across your region suffered from the worst jobless rate in the country—you’d think you’d say, “Maybe we should keep our heads down.” Not, “We want Congress too.”

— Nate McMurray for Congress 2020 (@Nate_McMurray) February 8, 2020

"He uses income disparity with a Berniesque (referring to Democratic presidential candidate Bernie Sanders) spin," Caputo said. "That rhetoric doesn't play well in the NY-27. The vast majority of Republicans in the NY-27 find that kind of rhetoric offensive."

Reminded that this is a populist district that almost went for Jack Davis in the last special election (a special election in 2011 won by Kathy Hochul), Caputo said that may be so, but McMurray's approach to wealth inequality is not the approach that will resonate in the district.

"Looking at the income disparity message, using his employer as an example, he looks like a guy who stabs his employer in the back by using the wealth of a family that has fed him for years as a hammer in the income disparity debate," Caputo said. "The NY-27 is going to find him offensive." 

Caputo is aware that self-funded Republicans handpicked by GOP leadership hasn't worked out too well for the NY-27 in recent years. There was Chris Lee who was caught posting shirtless photos of himself on Craigslist and Chris Collins who is going to prison on insider trading charges.

The other difficulty Chris Jacobs faces in the special election is he does not seem to be the choice of Trump-supporting Republicans. Jacobs is also not Caputo's first choice but Jacobs has his support now.

"I am Republican and I support the Republican nominee," Caputo said. 

Whether Jacobs wins or loses the special election on April 28, both Stefan Mychajliw and Beth Parlato are vying for the title of most Trump-loyal future member of Congress, to the point of attacking Jacobs as a "NeverTrumper," which Caputo acknowledges could dampen GOP turnout in an election timed to coincide with the Democratic presidential primary. If the Democratic turnout is more than 50 percent -- Caputo considers that unlikely -- McMurray could be sent to Washington for at least seven months.

"The real question is how much do you want Nate McMurray as your congressman," Caputo said. "The question Republicans have to answer is, do you want Nate McMurray as your congressman for even five minutes?"

Caputo calls McMurray a socialist. A charge McMurray has repeatedly denied (in our video interview on Thursday, we pressed McMurray on the socialism issue; we'll release the video after Jacobs has participated in a proportional, in-depth interview).

If McMurray does pull out a victory on April 28, Caputo said he's confident he won't stand a chance to in the general election in November.

"It's metaphysically impossible for a Democrat to win in the district when Donald Trump is on the ballot," Caputo said.

UPDATE 9 p.m.: It's been brought to our attention that we have perhaps not explained enough about what Delaware North is. Here's the Wikipedia entry: "Delaware North is a global foodservice and hospitality company headquartered in Buffalo, New York. The company also operates in the lodging, sporting, airport, gaming and entertainment industries. The company employs over 55,000 people worldwide and has over $3.2 billion in annual revenues." Key people:  Chairman Jeremy Jacobs, and Jerry Jacobs and Louis M. Jacobs are co-CEOs, and Charlie Jacobs is CEO of Boston Holdings. Delaware North operates nine gaming facilities nationally, including Hamburg and Finger Lakes. 

Shortly after this story was published, Nate McMurray (we had asked him to substantiate his tweet quoted above) provided links to three senate bills that are related to the casino business in New York that Jacobs cast votes on. They are:

  • Senate Bill S6669: Authorizes regional off-track betting corporations to allocate up to $500,000 from their capital acquisition funds for employee salaries and benefits;
  • Senate Bill S6675: Provides that consent to simulcast at off-track betting branches, horse races run at a regional track, shall not be unreasonably withheld;
  • Assembly Bill A5059A: Authorizes the sale of cider, mead, braggot and wine at games of chance.

Nate McMurray's employer, owned by the family of his NY-27 opponent, placed him on leave without pay.

By Howard B. Owens

When Nate McMurray ran against Chris Collins in 2018 for the NY-27 congressional seat, there was no apparent problem with his employer, Buffalo-based Delaware North.

He kept his job. He kept his salary.

During his tenure as supervisor in Grand Island, he kept his job. He kept his pay.

Two weeks ago, Delaware North informed McMurray he was being placed on leave without pay. He wasn't given an explanation. 

Delaware North is owned by the family of Chris Jacobs, McMurray's opponent in the April 28 special election for the NY-27.

McMurray said he and his family are presently getting by on vacation pay and an earned bonus.

"I worked hard for the company," McMurray said. "I love many people there. But this is unquestionably difficult. I’ve expressed that to them."

Despite the loss of a regular paycheck, McMurray said he's committed to staying in the race.

McMurray made reference to his loss of wages today on Twitter and The Batavian reached out to him for clarification. He said he was limited in what he could say about the situation but confirmed that he had been put on leave without pay.

An attorney licensed to practice law in New York, McMurray is part of Delaware North's legal team.

Multiple attempts to reach the Jacobs campaign today for comment were unsuccessful. We also tried reaching out to Delaware North for comment and were unsuccessful. Messages were left in both cases.

Photo: Still from a video interview The Batavian conducted with Nate McMurray on Thursday evening at the Richmond Memorial Library. We intended to release the full nearly 50-minute interview once we've secured a similar and proportional interview with Chris Jacobs.

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Law and Order: Man accused of filching from Walmart then attempting to pawn the loot

By Billie Owens

Thomas J. Leonard, 36, no permanent address, is charged with falsifying business records in the first degree, petit larceny, and conspiracy in the sixth degree. Leonard was arrested at 6 p.m. on Feb. 13 on an arrest warrant out of Town of Batavia Court. The warrant stems from an investigation into a larceny that occurred at Walmart. It is alleged that Leonard stole property from Walmart, then attempted to pawn the property at Pawn King Pawn Shop and falsified business records in the process. He was arraigned in Batavia Town Court, then released on his own recognizance. He is due to return to court on March 17. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien. The arrest was made by Deputy Erik Andre with the assistance of Batavia Police Officer Christopher Lindsay.

Christopher Michael Sims, 31, of Manhattan Avenue, Batavia, is charged with: driving while intoxicated, with a prior conviction within 10 years; parking on a highway; having an uninspected motor vehicle; and refusing to take a breath test. Sims was arrested at 5:46 a.m. this morning (Feb. 14) on Dubline Road in Bethany after a traffic complaint. It is alleged that Sims was driving a vehicle while intoxicated by alcohol after being found unresponsive parked in the roadway. He was processed at the jail and released on appearance tickets. He is due in Bethany Town Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Jordan Alejandro.

Kyle Christopher Madden, 26, of Lake Street Road, Le Roy, is charged with criminal possession of a controlled substance in the seventh degree. Madden was arrested at 12:18 p.m. on Feb. 13 at an apartment on Lake Street Road in Le Roy during an investigation of an unrelated matter. He was released with an appearance ticket and is due in Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush, assisted by Deputy Christopher Parker.

Law and Order: Hutchins Street teen charged with second-degree rape

By Billie Owens

Adrian R. Laird, 18, of Hutchins Street, Batavia, is charged with second-degree rape. Laird's arrest stems from an alleged incident on Hutchins Street in Batavia at 8 p.m. on Jan. 10. He was arraigned in Batavia City Court on Feb. 10 and is to return there at 9 a.m. on Feb. 13. The case was investigated by Batavia Police Detective Matthew Wojtaszczyk.

Gregory Seppe (inset photo, left), 61, of Pringle Avenue, Batavia, is charged with endangering the welfare of a child and second-degree burglary. He was arrested at 11:39 a.m. on Feb. 8 in the 100 block of State Street by Batavia Police Officer Peter Post after he allegedly pushed his way into a local residence while attempting to sell drugs. Seppe allegedly refused to leave after being asked to do so multiple times by the tenants. Seppe was released on an appearance ticket and is due in Batavia City Court on Feb. 13. Batavia Police Officer Stephen Quider assisted in the case.

Alexis V. Finnin, 31, of Washington Avenue, Batavia, is charged with endangering the welfare of a child. She was arrested after an investigation of an incident on East Main Street in Batavia at 8:38 p.m. on Sept. 14. It is alleged that at that time she was intoxicated/impaired to the point of not being able to adequately supervise a 5-year-old child, thereby subjecting the child to risk of physical, mental and moral harm. She was released on an appearance ticket and was due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Jason Ivison.

Tanya Lee Captain, 32, of Darien, is charged with: aggravated driving while intoxicated -- a BAC of .18 percent or more; DWI -- first offense; criminal mischief -- intentionally damaging property; and failure to stop at a stop sign. She was arrested at 11:57 p.m. Feb. 11 in Alexander after an incident was investigated that occurred on Pike Road in the Town of Batavia. She was issued an appearance ticket and is due in Alexander Town Court on Feb. 18. The case was handled by Genesee County Sheriff's Deputy Austin Heberlein, assisted by Deputy John Baiocco.

Michelle L. Sahr, 52, of North Main Street, Albion, is charged with second-degree harassment. She was arrested on a warrant out of Batavia City Court after she was located by Albion PD on an unrelated matter. She was processed at Batavia PD and released on an appearance ticket for Feb. 13 in city court. The case was handled by Batavia Police Officer Wesley Rissinger, assisted by Officer Miah Stevens.

Debra Lynn Mattoon, 40, of Batavia Oakfield Townline Road, Oakfield, was arrested and charged with petit larceny at 4 p.m. Feb. 7. It is alleged that she stole merchandise from Tops Friendly Market in Batavia. She was issued an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Mitchell Cowen.

Oakfield man accused of fleeing police through Batavia, Oakfield, and Alabama

By Howard B. Owens

An Oakfield man is accused of fleeing from police after a deputy attempted a traffic stop for an alleged expired registration early yesterday morning in the Town of Batavia.

Jonathan F. Suggs, 37, of Lewiston Road, Oakfield, faces multiple charges in three towns after leading police on a chase through Batavia, Oakfield, and Alabama, where Suggs eventually stopped, according to a Sheriff's Office press release.

The suspect was released on an appearance ticket.

Deputy James Stack attempted to stop a 2016 Jeep Cherokee at 1:30 a.m. yesterday. Suggs was later identified as the driver. Once he stopped, he was taken into custody without further incident.

He is charged with: unlawfully fleeing a police officer; aggravated unlicensed operation in the third degree; failure to yield right of way to an emergency vehicle; speeding; and other vehicle and traffic violations.

He is scheduled to appear in: Town of Batavia Court at 1 p.m., March 12; Oakfield Town Court at 6 p.m., March 2; Alabama Town Court at 6 p.m., March 11.

Law and Order: Corfu man arrested after domestic incident

By Billie Owens

Alexander Edward Seegar, 30, of East Main Street, Corfu, is charged with endangering the welfare of a child and unlawful imprisonment in the second degree. He was arrested at 8:45 p.m. on Feb. 6 following the investigation of a domestic incident that occured at 2:30 p.m. that afternoon. It is alleged that Seegar acted in a manner likely to be injurious to a child under age 17 and that he prevented a person from being able to leave the incident by restraining tham. Seegar was arraigned in Village of Corfu Court and released. He is due back there on March 2. The case was handled by Genesee County Sheriff's Deputy Kenneth Quackenbush.

Thomas J. Wolcott, 35, of Buffalo Street, Bergen, is charged with second-degree harassment and obstruction. He was arrested after a disturbance at 7:10 a.m. Feb. 5 on Bank Street in Batavia. He was processed at Batavia Police Headquarters and arraigned in Batavia City Court. He was then released on his own recognizance and is due back in court on Feb. 11. The case was handled by Officer Felicia DeGroot, assisted by Officer Alec Roberts.

Anthony Wade Travis, 56, of South Street Road, Le Roy, is charged with unauthorized use of a vehicle without the owner's consent, and grand larceny in the third degree -- a Class D felony. He was arrested and arraigned in Le Roy Town Court on Feb. 7 for allegedly using a vehicle without permission at 7:07 p.m. on Jan. 18 in the 9300 block of South Street Road in Le Roy. Travis is due to return to Le Roy Town Court on Feb. 20. The case was handled by Genesee County Sheriff's Deputy Brock Cummins, assisted by Deputy Andrew Mullen.

John Patrick Cummings, 39, Dodgeson Road, Alexander, is charged with: operating a motor vehicle while having a BAC of .08 percent or more -- first offense; driving while intoxicated -- first offense; failure to use designated lane; failure to keep right (on a two-lane road); and failure to stop at a stop sign. Cummings was arrested at 1:37 a.m. on Feb. 5 on Ross Street in Batavia. Batavia Police Officer Nicole McGinnis noticed a vehicle that was driving erratically and she stopped it. After an investigation, Cummings was arrested on the charges. He was issued multiple tickets and is due to be arraigned in Batavia City Court on Feb. 19. McGinnis was assisted by Officer Joshua Girvin.

Jacob M. Paige, 19, of Bank Street, Batavia, is charged with criminal contempt in the second degree. Paige was arrested after allegedly being found in the presence of a protected party at 8:11 a.m. on Feb. 4 on Bank Street in Batavia. He was issued an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Alec Roberts, assisted by Officer Felicia DeGroot.

Criminal released because of bail reform faces another set of stolen property charges

By Howard B. Owens
         Daniel Lewis

A 23-year-old man who was released from custody in December after entering a guilty plea to stolen property charges and went on an apparent crime spree starting New Year's Day is facing new charges.

Daniel Jon Lewis, sometimes of Lima, sometimes of North Chili, also listed in arrest reports with no permanent address, has been charged with five counts of criminal possession of stolen property, 5th.

The property was allegedly stolen from vehicles in Stafford prior to Jan. 28 when the Sheriff's Office received complaints about items being stolen.

Lewis was arrested in Pavilion on Memorial Day after he and another person were found sleeping in a car that was filled with stolen property. In December, Lewis entered a guilty plea to criminal possession of stolen property in the fourth degree as a second felony offender and as a result, he faces a minimum prison sentence of one and a half to three years and a maximum sentence of two to four years.

However, citing the bail reform law that would be implemented in New York before sentencing, Judge Charles Zambito released Lewis from custody. Lewis would have been released from custody on Jan. 1 under terms of the bail reform law.

New accusations against Lewis for alleged crimes that took place in January:

The Stafford crimes were investigated by Investigator Chad Minuto, Deputy Austin Heberlein, Deputy Ryan DeLong, Deputy Brook Cummins, Deputy James Stack, Deputy Chris Erion, and Trooper Hersee (first name not provided).

Possible barn fire reported off Route 237 in Stafford

By Billie Owens
Video Sponsor
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A possible structure fire is reported in Stafford at 8538 Route 237. A snowmobile is ablaze inside a barn where a lot of hay is stored. Stafford Fire Department is responding. The location is between Barthof and Morganville roads.

UPDATE 3:41 p.m.: Working structure fire. Byron Fire Department and ambulance are called for mutual aid, along with South Byron, Bergen, Le Roy, Bethany, Pavilion and city fire's Fast Team. The city's second platoon is called to headquarters on Evans Street. Town of Batavia Fire Department is asked to stand by in their own quarters.

UPDATE 3:55 p.m.: Alexander Fire Department is asked to stand by in Stafford's fire hall.

UPDATE 3:58 p.m.: Fire police are told to shut down Route 237 between Bartof and Morganville roads. Oakfield fire is requested to stand by in their hall for Town of Batavia fire. Elba asked to stand by in their hall for Stafford.

UPDATE 4:38 p.m.: Donny Branton told us his parents bought the property in the 1940s. The main barn was built around 1900, he says, and the barn on the south side of the property was built with wood Donny Branton's father cut into timber from trees on the land that he cut down himself. The property now belongs to Donny's son, Chad and his family.

UPDATE 4:57 p.m.: Le Roy Fire Department's Women's Auxillary requested to the scene to provide refreshments for the firefighters.

Village of Le Roy seeks changes to new criminal justice reform rules

By Howard B. Owens

The Village of Le Roy has adopted a resolution asking the state Legislature to reform its reform on how and when evidence is turned over to a criminal defendant.

The resolution, introduced by Trustee Ray Yacuzzo, was passed unanimously.

It argues in the "whereas" clauses that criminal justice reform is placing an unfair economic burden on small municipalities while acknowledging that reform was needed.

"It is widely recognized that several of the drastic changes in the laws pertaining to discovery are overly broad and vague and are having unintended consequences at the municipal level," the resolution reads.

It opposes the shortened time frame prosecutors and local law enforcement agencies have to disclose evidence and the broad expansion of information that must now be disclosed.

The changes "will have a significant cost, tax, and justice implications for cities and villages with police departments, local justice courts or code/parking enforcement departments," the resolution reads.

Not only do the changes give prosecutors only 15 days to gather and review evidence, but the law greatly expands the amount of evidence that must be turned over to the defense.

The 20-day mandate for court appearances is also an undue burden on local justice courts that are only in session once a month.

Local municipal governments are expected to bear the burden of the reforms without any assistance from the state, yet they are unable to increase revenue enough to shoulder the new expenses because of the 2-percent tax cap.

  • The resolution asks for the following changes to the law:
  • Ensure cities and villages are provided with financial assistance;
  • Allow 60 days for prosecutors to disclose evidence;
  • Exclude from accelerated discovery any charges that are not a misdemeanor or felony;
  • Extend the arraignment requirement to 45 days;
  • Allow prosecutors to withhold sensitive information from disclosure such as victim contact information.

Drop in Chinese tourism takes a small toll on local revenue

By Howard B. Owens

First, it was the trade war, now it's novel coronavirus knocking down tourism dollars just a bit in Genesee County.

It's not a huge impact, but Chinese tourists passing through the area as they travel between New York City and Niagara Falls have helped fill up hotel rooms and generate local dining and shopping revenue. 

In 2019, that changed as the trade war meant fewer travel visas were issued to Chinese citizens. In April, there were 5.4 percent fewer rooms booked in local hotels. In May, there was a 7.4 percent drop, 12.3 percent in June, and a little less than 2 percent in July and August. In September, there were 14.1 percent fewer rooms booked.

Many tour companies consider Batavia an attractive location for an overnight stay because the room rates are lower than closer to Niagara Falls, said Kelly Rapone, director of tourism for the Chamber of Commerce.

With fewer visas issued, there were a lot fewer buses stopping outside the Chinese restaurants in Valu Plaza and the BJ's plaza.  

There was also a drop in guests at the visitors center on Park Road.

"We did not see as many Chinese taking pictures in our yard," Rapone told the Ways and Means Committee on Wednesday during a department review.

In February, hotel bookings are already projected to be down 20 percent as tour cancellations mount because of the outbreak of coronavirus in China.

"It's funny how something on the other side of the world, such as this coronavirus, could affect us in little old Genesee County," said Chamber President Tom Turnbull.

It's too soon to say how much revenue from the bed tax will drop for 2019, but Rapone said today it could be from 1 to 3 percent.

One wild card is hotel and cabin stays at Darien Lake, which accounts for a third of the county's bed tax. But Darien Lake isn't part of the national industry reporting system the Chamber uses to track hotel occupancy (which is a leading indicator for projected bed tax because that revenue won't be collected and tabulated for a couple of months yet).

"(2018) was so high that a small drop (in 2019) isn't going to seem that bad," Rapone said.

Only once in the past 20 years, Turnbull said, has the county failed to hit its bed tax target.

The drop in Chinese tourists could have an even bigger economic impact throughout the state. Chinese tourists tend to say longer and spend more than many other international travelers. Turnbull noted that the Chinese are only allowed to bring $10,000 in U.S. currency and they are intent on spending every last penny of that money during their visit.

April's hotel occupancy rate was also hurt when a weekend soccer tournament was rained out.

In other tourism developments:

  • The state is reducing "I Love New York" grants to local tourism bureaus by $500,000, which will mean about $9,000 less for Genesee County. 
  • The restoration of the Thompson Rocket Car is nearing completion. The Chamber continues to work on trying to find a temporary and a permanent home for it once the work is done. Rapone expects it to be a tourist attraction for auto enthusiasts. There are plans in the works to take it to an auto show in Syracuse this summer.
  • The chamber's golf package continues to sell well, with Canadians buying more than 90 percent of the golf packages. The new hotel at Batavia Downs has become popular with golfers. Batavia Downs offers free shuttles to golfers to all of their golf courses. It's a good deal for Batavia Downs, Turnbull said. "Think about it -- the sun has to go down sometime and they have the restaurants, the racing, and the casino right there."

Photo: Kelly Rapone shows members of the County Legislature a mock-up of the next edition of the tourism guide.

The Batavian was the only local media outlet at this meeting. To help ensure you get more exclusive coverage, become a supporter today.

Law and Order: Man accused of kicking door and damaging property on Tinkham Road in Darien

By Billie Owens

Donald Eugene Missel, 69, of Mill Road, West Seneca, is charged with fourth-degree criminal mischief. At 4:48 p.m. on Feb. 6, Missel allegedly kicked a door and caused damage to a person's property in the 10000 block of Tinkham Road in Darien. Missel was arraigned in Darien Town Court at 10:25 that evening and released on his own recognizance. He is due back in Darien Town Court on Feb. 11. The case was handled by Genesee County Sheriff's Deputy Jonathan Dimmig, assisted by Deputy Mathew Clor.

Travis George Hawley, 28, of Willow Street, Rochester, is charged with: operating a motor vehicle while having a BAC of .08 percent or more; driving while intoxicated; being an unlicensed driver; and moving from lane unsafely. At 7:51 a.m. on Feb. 1, the Genesee County Emergency Dispatch Center received a report of a car vs. pole accident on Bloomingdale Road in the Town of Alabama. An investigation at the scene allegedly determined that Hawley was driving while intoxicated. He was issued appearance tickets returnable to Town of Alabama Court on Feb. 26. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy, assisted by Deputy Travis DeMuth.

Tonya Weber Jackson, 35, of Liberty Street, Batavia, was arrested on a bench warrant out of Batavia City Court on Feb. 2. She was located at a residence on East Avenue in Batavia and arraigned in city court on Feb. 6. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Orin Ardell Dinkins, 47, of Glenville Drive, Rochester, is charged with unlawful possession of marijuana and operating a motor vehicle with a suspended registration. Dinkins was arrested following a traffic stop at 1:41 p.m. Feb. 5 on Oak Street in Batavia. He was issued appearance tickets and is due in Batavia City Court on Feb. 25. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Law and Order: Liberty Street man accused of stealing from deli

By Billie Owens

Joshua S. Martaus, 36, of Liberty Street, Batavia, is charged with petit larceny. Martaus was arrested after an investigation into a larceny at Southside Deli, located at 300 Ellicott St. in Batavia, at 7:29 p.m. on Jan. 26. The defendant was released on an appearance ticket and is due in Batavia City Court on Feb. 18. The case was handled by Batavia Police Officer Sean Wilson, assisted by Officer Adam Tucker.

Kelly A. Kasper, 49, of Judge Road, Oakfield, is charged with: failure to keep right; driving while intoxicated -- first offense; operating a motor vehicle while having a  BAC of .08 percent or more; and drinking alcohol in a motor vehicle while on a highway. Kasper was arrested at 1:10 a.m. Feb. 1 on Bank Street in Batavia after a traffic stop. Kasper was released on appearance tickets and is due in City of Batavia Court on Feb. 19. The case was handled by Batavia Police Officer Austin Hedges, assisted by Officer Nicole McGinnis.

Rae C. Cook, 30, of Liberty Street, Batavia, is charged with criminal contempt in the second degree. Cook was arrested at 8:40 p.m. on Jan. 31 after allegedly violating an order of protection on Liberty Street. Cook is due in Batavia City Court on Feb. 11. The case was handled by Batavia Police Officer Adam Tucker, assisted by Officer Christopher Lindsay.

Antonio Javier Santiago, 23, of River Street, Batavia, is charged with unlawful possession of marijuana in the second degree and a muffler violation. On Jan. 30 at 7:52  p.m. Santiago was the operator and sole occupant of a vehicle that was stopped on Ellicott Street in Batavia for allegedly having a muffler/exhaust violation. Upon investigation, it was allegedly discovered that Santiago possessed a quantity of marijuana. He was arrested and issued appearance tickets. He is due in Batavia City Court on Feb. 12. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Ryan DeLong.

Cause of fire at North Street residence this morning under investigation

By Howard B. Owens

Press release:

At 4:56 a.m. today, Feb. 5, the City of Batavia Fire Department was dispatched to a reported residential fire at located at 216 North St. First arriving fire units were on-scene at 5 a.m.

Upon arrival, firefighters found a fire involving the front porch of the home extending to the exterior siding. Responding crews made an aggressive attack and were able to confine and contain the fire to the exterior of the home and the situation was called under control by command at 5:07 am.

While the fire was contained to the exterior of the residence, two vehicles located in the driveway along the home received significant damage due to the intensity of the fire.

At this time the City of Batavia’s Fire Investigation team is investigating the fire to determine the origin and cause. Presently, the fire does not appear to be incendiary in nature.

Once a determination has been made, we will be providing an additional media release with further information.

City fire was assisted at the scene by the City of Batavia Police with additional support provided by the Genesee County Emergency Dispatch.

(Initial Post)

Law and Order: Pair of DWI arrests

By Billie Owens

Gerald Richard Soule Jr., 28, of Woodstock Lane, Brockport, is charged with: driving while intoxicated; DWI -- operating a motor vehicle while having a BAC of .08 percent or more; speeding -- going more than 55 mph; and refusal to take a breath test. Soule was arrested after a traffic stop on Clinton Street Road in Bergen at 1:37 a.m. on Feb. 1. He was given traffic tickets and is to appear in Bergen Town Court on Feb. 5. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Jordan Alejandro.

Merrill Phillip Anthony, 46, of Bernd Road, Pavilion, is charged with: driving while intoxicated -- first offense; refusal to take a breath test; speed not reasonable and prudent; and failure to obey a traffic control device. At 2:23 a.m. on Jan. 25, Genesee County Sheriff's deputies received a call about a vehicle off the road in the 6900 block of Junction Road in the Town of Pavilion. Upon arrival, they found the driver and sole occupant, Anthony, attempting to drive his vehicle out of a ditch. Upon further investigation, Anthony was arrested on the charges. He is due in Pavilion Town Court on Feb. 4. The case was handled by Deputy Brock Cummins, assisted by Deputy Austin Heberlein.

Corfu officer, Darien deputy supervisor challenges Sheron for Sheriff office

By Howard B. Owens

Press release:

Corfu Police Officer and Darien Deputy Town Supervisor David Krzemien is announcing his candidacy for Genesee County Sheriff. Krzemien is seeking endorsement from all party lines.

He started his more than 20-year law enforcement career right here in Genesee County. He graduated from the Rural Police Training Academy housed at Genesee Community College.

This foundational training opened the doors to many opportunities in the field of law enforcement.

Since that time, he has served as a police officer and then detective for the Niagara Frontier Transit Authority, known as the NFTA, where he led the Counter Terrorism Unit for seven years.

He also worked part time for the Blasdell Police Department, as a field training officer, court officer and detective for 14 years.

Now retired from the NFTA, Krzemien serves as a part-time officer with the Village of Corfu Police Department and is a seasonal deputy with the Genesee County Sheriff’s Office. He also serves on the Darien Town Board as Deputy Town Supervisor.

Krzemien, his wife Michelle, and their five children have lived in Genesee collectively for more than 30 years.

MLB official lies about Muckdogs status in negotiating letter to MiLB

By Howard B. Owens

Major League Baseball officials are apparently spreading false information about the Batavia Muckdogs as part of a negotiating tactic to destroy professional baseball in 42 communities, including Batavia.

Daniel Halem, MLB's deputy commissioner, said in a letter to a Minor League Baseball official that the Muckdogs have been sold and are being relocated to another city.

That is not true, City Manager Marty Moore said. Moore has spoken both with the Muckdogs general manager and Ben Hayes, president of the New York Penn League. The league owns the team.

Moore said city officials and club officials are excited about the upcoming 2020 season after the team's most successful season in many, many years in 2019 when attendance averaged 1,165 per game, up from 785 the previous season.

In Halem's letter to MiLB's Pat O’Conner, he wrote:

The recent information we learned about the Batavia affiliate not only proves this point but, frankly, calls into questions whether MiLB is truly pursuing a strategy in the “best interests of our 160 community partners.” Batavia is a failing affiliate, with both facility and economic issues, that was put into receivership by the NY Penn League (which essentially owns and operates the team). New York State officials requested that MLB officials meet with Batavia community officials to discuss how to preserve baseball in Batavia. After we set up the meeting, we learned for the first time from multiple sources (but not MiLB) that the NY Penn League sold Batavia — presumably for millions of dollars — to an owner who intends to move the team to another city. While this transaction certainly benefits the NY Penn League owners who may split millions in proceeds by selling an asset with no intrinsic value, we fail to see how it is in the “best interests” of the citizens of Batavia or MLB owners, whose minor league players endure unreasonable travel burdens because MiLB permits its affiliates to hopscotch around the country for purely economic reasons.

Moore said at no point have MLB officials contacted him or anybody else in the City of Batavia.  

Contrary to Halem's letter, if the team is ever sold, its "intrinsic value" would be split between the NYPL, the Rochester Red Wings (who operated the team for 10 years in exchange for equity in the club), and the Genesee Community Baseball Club, a community organization that would return its share of the proceeds to the community.

New charges for man who allegedly went on crime spree after release from jail because of bail reform

By Howard B. Owens
        Daniel Lewis

The Genesee County Sheriff's Office this morning announced additional charges against a man who was released from custody in early December because of the new cashless bail system and since at least Jan. 1 has allegedly been involved in a crime spree in Batavia.

The new charges against 24-year-old Daniel Jon Lewis include eight counts of criminal possession of stolen property, 4th, 13 counts of criminal possession of stolen property, 5th, and unlawful possession of a personal identification number.

Deputies Jordan Alejandro and James Stack arrested Lewis this morning as the result of an investigation of an incident reported at 11:53 p.m., Jan. 24. On that date, Lewis was taken into custody following a foot pursuit in the Haven Lane area of the Town of Batavia and deputies received a report of a man trying to gain entry into vehicles in the area of Rollin Circle East.

When Lewis was taken into custody, he was allegedly found in possession of a number of items believed to have stolen from parked vehicles, including credit cards and a checking account number.

At the time of his arrest this morning, Lewis was being held in the Genesee County Jail on a robbery charge. Lewis is accused of using a knife to menace and take property from a person on Bank Street on New Year's Day. Lewis was charged two days ago with the robbery following an investigation. Under the bail reform law, robbery is a qualifying offense for bail, so unlike the other alleged crimes of January, authorities were able to hold Lewis.

The night before the alleged Jan. 24 incident, Lewis was charged with grand larceny for allegedly stealing a vehicle on Jan. 3 in the Town of Batavia. On that charge, Lewis was released on an appearance ticket.

On Jan. 25, a person stole a Spectrum work truck and following a pursuit on Oak Street, managed to evade capture. Chief Shawn Heubusch said Lewis is a person of interest in that incident.

On Dec. 6, Lewis entered a guilty plea to criminal possession of stolen property. The charge stemmed from his arrest in Pavilion earlier in 2019 where he and another person were found sleeping in a vehicle that contained a cache of stolen property, apparently taken from unlocked vehicles. He has not yet been sentenced on that charge but because of the bail reform law, Judge Charles Zambito released Lewis from custody pending his sentencing.

Since being released from jail due to bail reform, man charged with two more crimes, person of interest in Spectrum truck theft

By Howard B. Owens
       Daniel Lewis

Daniel Jon Lewis got his get-out-of-jail-free card on Dec. 6 after pleading guilty to criminal possession of stolen property.

Judge Charles Zambito reasoned that Lewis would be eligible for release Jan. 1 under terms of New York's bail reform law and that Lewis apparently could live with his father in North Chili while awaiting sentencing on his felony conviction, that Lewis should be released from custody that day.

Today, Lewis was arrested on a charge of robbery in the first degree and menacing for allegedly using a knife to steal property from a person on Bank Street, Batavia, on New Year's Day.

Lewis was arrested Jan. 23 and charged with grand larceny for allegedly stealing a vehicle Jan. 3 in the Town of Batavia.  

Following that arrest, he was released on appearance ticket in accordance with New York's new law.

Chief of Police Shawn Heubusch confirmed this evening that Lewis is also a person of interest in the theft of a Spectrum work truck. The suspect in that case fled after being spotted in the truck.

When Lewis was arrested Jan. 23, his listed address was on Genesee Street in Lima. In the arrest announced today, he is listed as having "no permanent address."

He is currently being held in the Genesee County Jail on the robbery charge. Robbery is a qualifying offense, under the new state rules, for bail.

The Jan. 1 robbery was investigated by Officer Stephen Cronmiller and Det. Jason Ivison.

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Two men from out of the area, one with a gun, who fled police, released on appearance tickets

By Howard B. Owens
     Denzell Johnson      Shafatiah Miller

Two Monroe County residents who fled from police after an attempted traffic stop Thursday night, who are now facing multiple felonies, including a weapons charge, were released on an appearance ticket per New York's bail reform law shortly after they were apprehended.

Denzell A. Johnson, 27, of Orange Street, Rochester, and Shafatiah H. Miller, 26, of Lake Avenue, Rochester, were reportedly in a vehicle on Ellicott Street when Deputy Ryan DeLong and Investigator Pete Welker, working as part of a coordinated enforcement detail, tried to initiate a traffic stop for an alleged traffic violation at 8:16 p.m.

The vehicle reportedly turned south onto Otis Street in an attempt to evade police and drove through a yard in the area of 255 S. Swan St. where the occupants jumped from the moving vehicle and ran. The suspects ran in different directions and officers engaged in a foot chase, with one of the suspects running across Jackson School property. Both suspects were located and taken into custody. The vehicle came to rest without incident.

Johnson allegedly had a handgun and a quantity of a controlled substance on him at the time of his capture.

He is charged with:

  • Criminal possession of a weapon on school grounds, a Class E felony;
  • Criminal possession of a firearm, a Class E felony;
  • Obstruction of governmental administration 2nd;
  • Unlawful fleeing a police officer;
  • Two counts of criminal possession of a controlled substance, 7th;
  • Displaying a forged certification of inspection;
  • Inadequate lights;
  • Unlicensed operation;
  • Two counts of failure to stop at a stop sign; and,
  • Insufficient turn signal.

Miller is charged with:

  • Criminal possession of a controlled substance 3rd, a Class B felony;
  • Two counts of promoting prison contraband, 1st, a Class D felony;
  • Promoting prison contraband, 2nd; and
  • Unlawful possession of marijuana, 2nd.

Both suspects are expected in City Court at 1 p.m., Feb. 18.

Additional charges are pending further investigation.

Participating in the coordinated enforcement effort on Thursday were the Local Drug Task Force, Sheriff's Office, Batavia PD, Le Roy PD, the Department of Environmental Conservation, NYS Probation, NYS Parole.

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