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Batavia PD may yet once again have a working police dog and on Monday, Police Chief Shawn Heubusch updated the City Council on efforts to reinstitute the program.

The effort includes receiving donations and seeking funds from Homeland Security.

It's been 20 years since Batavia PD had a working K-9 officer.

If approved, a resolution presented to the Council on Monday would create a K-9 fund in order for the Batavia Police Department to accept donations and funds from the federal government for a canine purchase, training and associated costs. 

The K-9 program’s approximately $23,000 price tag was broken down by Heubusch. He explained to Council members that it will cost $10,000 to purchase the dog and $5,000 to train the canine and its police officer over the course of several weeks. 

“During the regular workday, we’ll give the officer the allotted time for their training,” Heubusch said. “On off-days, we’ll have to compensate the officer for that. We do have some sample MOAs with some different unions to cover that.”

Additional expenses include $5,500 to purchase a vehicle designed to carry the canine, $2,500 for food and veterinarian bills, and $500 for incidentals and supplies.

Heubusch said the K-9 program will be like a specialized tool with a warranty. Beyond regular duties, the officer who receives specialty K-9 training would be called to respond when a police dog is needed for investigations.

“The officer is not dedicated to K-9 duty 100-percent of the time,” Heubusch said. “They would be on the road just like any other officer would be assigned to a patrol zone. We don’t have the luxury of just being able to dedicate an officer to that duty.”

Council President Eugene Jankowski said that, on occasion, the canine may be called for investigations that are not in the City of Batavia. Although it most likely would not happen often, the canine and its owner would be prepared to respond at non-city locations.

BPD is working on an agreement with the Homeland Security Investigation Federal Asset Forfeiture Program to defray some of the canine and training costs. Federal funding is not currently available due to high demand for border patrol canines.

Based on the positive feedback Heubusch received from Council members, this proposed resolution may receive approval at the August business meeting, which would allow BPD to be prepared for the K-9 program when federal funding is ready.

Previously: Batavia seeks Federal funds to bring back a K-9 patrol to the city

Press release:

When the rest of the Miami Marlins prospects were being moved up and down a few weeks ago, Sean Reynolds stayed in Florida to refine his sweet swing and work on little things in his hitting approach.

Boy, are the Batavia Muckdogs glad.

In his first game with the team this season, Reynolds blasted two home runs, going 3-for-4 with five RBIs and two runs scored. The Muckdogs (16-9) downed the Lowell Spinners (17-7), 8-6.

Reynolds, a crowd favorite, is a 6-foot-7, 237-pound first baseman who hits from the left side and throws right-handed. The fourth-round pick of the Marlins in 2016 has crushed 33 home runs in his short minor league career. The 21-year-old hit 17 home runs in Batavia last season.

"I want to be a consistent hitter who can have power," Reynolds said. "It felt good, obviously, two big ones tonight. When it happens, it's always good."

However, Reynolds was pleased with his RBI single in the seventh inning.

"My favorite hit of the three was the two-out, two-strike RBI single," Reynolds said. "It is huge whenever you get a chance to add on late in a game against a good pen like that."

As for being back in Batavia, Reynolds said, "The crowd was excited and I was excited to be back. You never want to get sent down per se, but wherever I am I am going to try to help teams win games … That was fun."

Reynolds then signed autographs for young fans and handed his oversized batting gloves to one lucky Little League player. The boy looked at the gloves with wide eyes and Reynolds joked, "don't worry, you'll grow into them."

Lowell has the best overall record in the New York-Penn League and Batavia has the second-best record, which is good enough for first place in the Pinckney Division.

With the Muckdogs trailing 6-5 following an extended fifth inning rally from their NYPL opponent, the Lowell Spinners, Reynolds came through with a blast for the ages, a two-run home run, which regained the lead for Batavia and proved to be the difference in what eventually turned into an 8-6 win for the home team.

The three-run, go-ahead moon shot, Reynolds’ second four-bagger of the game, followed his go-ahead three-run tater in the bottom of the first inning which came after a two-run first from Lowell. Both of Reynolds’ big flies came with two outs. His second home run came off the bat at 115 MPH.

Left fielder J.D. Orr, a 10th-round Marlins draft pick this year, continued his torrid start to the season, finishing 3-for-4 with four runs scored and a stolen base while shortstop Dalvy Rosario (two runs), second baseman Jack Strung (25th round pick this year) and center fielder Milton Smith II (22nd round pick in 2018) also chipped in multi-hit games. Smith, the leading hitter in the NYPL is hitting .416 with Orr at .404 and chasing him at the second spot.

Picking up the win on the mound for Batavia was right-hander Joey Steele (1-0), who pitched one-and-two-thirds clean innings, allowing two hits and striking out one. Steele, a 30th round pick this year, got out of a jam in the fifth and then went on to hurl a perfect sixth inning.

Starter Edgar Martinez went 4.1 innings and struck out four. Muckdogs’ closer Evan Braband recorded the save, striking out the side in the ninth. Braband, the Marlins’ 2019 9th round draft pick, has allowed just one hit this season while striking out 11 over six and one-third innings pitched. He now has five saves on the season. Josh Simpson, a 32nd-round draft pick this year had his third hold as he threw two scoreless innings and struck out four.

Spinners’ right-handed reliever Miguel Suero (0-1) was hit with the loss, pitching two and one-third inning, allowing two runs on three hits while striking out one.

Batavia began the game trailing 2-0 after Lowell put up two-runs in the top of the first, but Reynolds’ blast in the bottom half of the frame gave the Muckdogs the lead until the fifth inning. The Spinners struck for two runs during both their half of the fourth and their half of the fifth, giving them a 6-5 lead heading to the bottom half of the inning.

Then, Reynolds’ two-run blast during the Muckdogs' half of the fifth proved to be the difference, while Reynolds’ single in the seventh simply served as insurance.

Coming up: Tonight is Thirsty Thursday as all Labatt's products are $2. On Friday is Crafty Hour where the large selection of craft beers are just $3. There will be other specials and events during the week. All games are at 7:05 p.m.

Tickets for these games and others are available at the Dwyer Stadium box office between 10 a.m. and 5 p.m. Monday to Friday, online at muckdogs.com or by calling 585-483-3647.

Top photo: FIle photo from 2018. Bottom photo, Reynolds connects for one of his two homers, supplied by the Muckdogs.

Previously: In 2018, Muckdogs fans have watched perhaps the most intriguing player in the NYPL

Submitted photos and press release from the City of Batavia:

National and Local efforts to incorporate bicyclists in any new road project are finding their way into the City of Batavia.

“Complete Streets” is the term that is used for any street or highway, or any reconstruction of an existing highway, to consider the effect on bicyclists and pedestrians. Where possible, accommodation of these two groups should be incorporated into the project.

This has happened in the City of Batavia, where the most recent update to the City’s Comprehensive Plan encourages a “Complete Streets” approach. East Avenue and Liberty Street now have “sharrows,” or shared lane markings (SLM), meaning that the streets, which have only one travel lane in each direction, are shared with bicycles in a wide (14 feet or more) lane (see road photo).

Shared lane markings are high-visibility pavement markings that help position bicyclists within the travel lane. These markings are often used on streets where dedicated bike lanes are desirable but are not possible due to physical or other constraints.

Shared lane markings are placed in the travel lane to alert motorists of bicycle traffic, while also encouraging cyclists to ride at an appropriate distance from the “door zone” of adjacent parked cars.

If there is enough room, a separate bike lane should be marked. Dedicated bike lanes do impact the ability to accommodate on street parking and often there just isn’t enough room to accommodate them.

Further complicating the issue for bicyclists are streets where parking is allowed, as drivers often open their doors without looking for bicycles approaching from the rear. Bicyclists have been seriously injured by riding into a car door opened by a driver or rear-seat passenger without regard for bicycles.

The “sharrow” pavement markings should be supplemented with a Bicycle Warning Sign (see sign photo).

Federal and state criteria designate where the sharrows and the warning signs should and should not be used.

For bicyclists, where the sharrows are painted on the pavement, it only means that both bicycles and vehicles must use the same lane, and caution should be used by both. Vehicles should give bicyclists plenty of room when overtaking bicycles and bicyclists should realize that vehicles will be passing them.

Providing marked facilities such as shared lane markings is one way of helping to persuade residents to give bicycling a try and remind motorists that the roadway is to be shared with bicycles.

Kayla Michelle Yglesias, 19, of Fisher Road, Oakfield, is charged with: falsifying business records in the first degree; falsely reporting an incident to law enforcement in the third degree; operator leaving the scene of a property damage accident; moving from lane unsafely; unlicensed operator; and failure to report a property damage accident. At 8:50 p.m. on July 7, Yglesias was arrested after an investigation of an incident that occurred at 3:45 a.m. June 22 on Fisher Road in Oakfield. She was allegedly involved in a motor-vehicle accident in the Town of Oakfield and left the scene. She then reported the vehicle she was driving as stolen to Sheriff's deputies and falsified information on a supporting deposition. On July 3, deputies recovered the vehicle submerged in a body of water in the Town of Byron. Yglesias was issued appearance tickets and is due in Oakfield Town Court on July 29. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by Investigator Christopher Parker.

Adam Michael Kreutz, 30, of Franklin Street, Batavia, is charged with falsifying business records in the first degree. He was arrested at 9:50 p.m. on July 7 after an investigation of an incident that occurred at 3:45 a.m. on June 22 on Fisher Road in Oakfield. Kreutz allegedly falsified information on a supporting deposition taken by the GC Sheriff's Office to conceal another crime that was committed. He was arraigned in Oakfield Town Court and jailed without bail. He was due to return to Oakfield court on July 8. The case was handled by Genesee County Sheriff's Deputy Erik Andre, assisted by  Investigator Christopher Parker.

Parker E. Payton, 20, of Pavilion, was arrested by the Wyoming County Sheriff's Office following a traffic stop on York Road in the Town of Pavilion. He is charged with: driving while ability impaired by drugs; reckless driving; criminal possession of a controlled substance in the seventh degree; unlawful possession of marijuana; unlawful possession of alcohol by person under 21; possession of a fictitious driver’s license; and multiple other traffic infractions. Payton was observed driving on State Route 63 in the Town of Covington several feet into the oncoming lane while traffic was flowing in the opposite direction past his vehicle. Payton drove his vehicle onto Perry Road then turned on to York Road where deputies were able to conduct a traffic stop. Payton was found to be in underage and allegedly in possession of alcohol in plain view within his vehicle. A subsequent vehicle search found Payton to be in possession of marijuana inside a grinder, concentrated cannabis, and a forged NYS driver’s license. Payton also allegedly failed field sobriety testing and was taken into custody for DWAI Drugs. Payton was taken to the Wyoming County Sheriff’s Office where a Drug Recognition Expert performed a drug influence evaluation with Payton. Payton was found to be impaired by cannabis and unable to operate a vehicle safely. Payton was released to a sober third party and scheduled to answer the charges in the Town of Covington Court on July 29.

Batavia Police Chief Shawn Heubusch presented City Council with a proposed resolution Monday night for a Memorandum of Understanding among Genesee County law enforcement agencies and the Monroe Crime Analysis Center in Rochester to share information. It received strong support.

Heubusch explained to Council members that over the past few months local law enforcement has coordinated with the NYS Division of Criminal Justice Services and MCAC to develop the agreement.

He said becoming a member of MCAC is the best approach to access information databases and facilitate crime response and investigation.

“What this memorandum does is it allows us to share information with Monroe Crime Analysis Center and also reap the benefits of them sharing information with us,” Heubusch said.

This new crime analysis system also comes at no cost to city taxpayers.

“Being a member of the crime analysis center in Rochester costs the city zero," Heubusch said. "It’s really about gaining that information and being able to analyze that information in a way that we can’t now."

The chief said that most of the criminal element in Batavia is connected to individuals from the City of Rochester and the Monroe County region. The MCAC memorandum will allow local police to share records with Monroe County law enforcement in real time.

The memorandum includes resources like crime monitoring and background checking information to alert law enforcement of identifying factors when pursuing suspects.

City Council members reacted favorably to the proposed resolution.

“It seems like, according to this, between the state police, the [Genesee County] Sheriff, Monroe County Sheriff and District Attorney, our District Attorney, DCJS — they’re all signed on to this," Council President Eugene Jankowski said. "It’s good to be sharing information.”

Other agencies participating in the memorandum are the Le Roy and City of Rochester police departments and the Genesee County and Monroe County probation departments.

City Manager Martin Moore wants to reduce crime and restore a sense of safety in Batavia. In June, the first Batavia Crime Task Force meeting was held so law enforcement and city leaders could talk about ways to combat crime.

“I want to thank the police department working together with the other police departments," Moore said. "This is one of the things that was brought up in our initial Crime Task Force meeting, and it’s one of the first actions that our police is working on."

The MCAC memorandum is expected to aid in identifying sources of crime, mapping incidents and arrests and following crime trends. MCAC is one of the task force’s first strides toward securing resources to prevent and deal with crime.

The proposed resolution for the memorandum will be forwarded for consideration by Council. The next City Council Conference and Business meeting at 7 p.m. Aug. 12 at the City Hall Board Room, 2nd Floor, City Centre.

Before the public learned David Bellavia would be awarded the Medal of Honor for his heroism during the Iraq War in Fallujah, the Batavia resident was on the short list of possible candidates for the NY-27, even in a possible primary challenge to Rep. Chris Collins.

After the award was announced, when the topic came up, Bellavia demurred. He expressed concern that entering the political fray could tarnish the medal. He said he wanted to serve his country and the best way to do that might be helping the Army recruit new soldiers.

His former political consultant, Michael Caputo, thinks Bellavia needs to hear loud and clear from the citizens of the NY-27 that the best way for the Iraq War veteran to serve his country is as a member of Congress.

Today, Caputo, along with the help of seven political leaders in all seven counties of the district, launched a "Draft Bellavia Campaign," aimed at demonstrating to Bellavia that the people of the district do want him to serve in Congress and it puts in place an organization to support a campaign -- and a list of potential donors -- so that when and if Bellavia does decide to run, he's ready to go.

"We’re at a point in this country here where we need heroes," Caputo said. "When I look around Congress and Washington, I see very few heroes. We have in David Bellavia right here in Western New York -- a hero -- and I think we need to look at our own hero and tell him we want him to run for Congress if he wants to.

"At a time when our country needs heroes like never before, and I think everybody realizes, and we have in our midst a bonafide hero, it is our responsibility as a community to step up and elect one for our own heroes, like it is the responsibility of any community to deliver good, honest leadership." 

Caputo hopes Bellavia will make the decision by the end of October, or at least after the holidays.

The Genesee County chair for the Draft Bellavia movement is City Councilman Adam Tabelski.

"I'm joining to encourage David to run because I care deeply about our country and our government," Tabelski said. "Its future will either be shaped by people who are the best we can find or by somebody else, and I think David is an outstanding individual who is among the best we could hope to represent us in Congress."

Bellavia is currently employed by the Army and traveling on behalf of the military. He cannot participate in a political campaign. Caputo said he informed Bellavia of the "Draft Bellavia" effort and Bellavia neither encouraged nor waived off the effort.

Yesterday, Bellavia returned to his radio show on WBEN in Buffalo for one day and when asked about a potential run for Congress, he again expressed concern that a run for office could be misconstrued now that he's won the Medal of Honor.

"I just I have so much reverence for this award," Bellavia said on air. "I know for the longest time what we do on this show is we stir the pot. We, you know, sometimes antagonize and sometimes poke people we disagree with, and I just I don't ever want anyone to say that this award is being used for anything other than promoting what I think is the most important thing for the future of this republic, which is getting young people to make the decision that myself and all of my friends made, and it made our lives better, and that was serving our country in uniform."

When pressed by cohost Tom Bauerle, however, Bellavia said he will serve his country in whatever way he feels compelled to serve.

"I'm not ruling anything out," Bellavia said. "If I feel compelled to serve, you know, I might if I feel compelled to serve in uniform. I'll get back in shape and grab a rifle and go back. You know, if I'm compelled to run for office I might do that, too. But at this point, I'm the property of the U.S. Army and my job is to get out there and share that story and get as many people from all backgrounds to make a decision to put their country before themselves and get that next generation ready for the fight."

Bellavia first ran for Congress in 2011, in the special election to replace Chris Lee after Lee resigned because of a shirtless post he made on Craigslist. While he eventually endorsed Jack Davis in that race, he began by knocking the Erie County GOP political machine that gave GLOW Tom Reynolds, Chris Lee, Jane Corwin, the GOP candidate that year, and eventually Chris Collins (who was county executive in Erie County at the time). 

Kathy Hochul eventually won the election.

He ran again in the GOP primary in 2012, losing to Chris Collins.

Bellavia has since cited that loss as a reason to believe the people of NY-27 may not want him to run now.

That's another reason Caputo believes Bellavia needs to be convinced there is a strong grassroots effort to back a Bellavia campaign.

The effort includes a website, DraftBellavia.com.

"Our goal is to get 10,000 supporters organized by county all within the boundaries of the district," Caputo said. "We’re about to put up a device on the website to provide an opportunity to send an email to David to give him special encouragement, saying why you back David, what inspires you to do so. That's the kind of input a draft candidate needs. He needs to know how the community feels." 

A big factor in Bellavia's decision, Caputo acknowledged, however, is what Collins decides to do. Publically, Collins, who is under federal indictment on insider trading charges, hasn't committed to a reelection campaign. He is going to face at least one primary challenger -- Chris Jacobs -- and Caputo said Collins and Bellavia are friends. He doesn't believe Bellavia will want to run if Collins is determined to have his own name on the primary ballot.

President Donald Trump could have some say in the race and Caputo, who is friends with Trump and was the one who first introduced Collins to Trump, said Trump will be watching developments in the NY-27 closely. He may or may not weigh in with his own wishes at some point.

Another political factor to be weighed, Caputo said, is redistricting after the 2020 census. New York could lose another Congressional seat. The NY-27 as we know it could become far less of a conservative district if it takes in more of Buffalo or Rochester, or stay red if it picks up more of the Southern Tier.

"David is the best candidate of all those considering running for the NY-27 that preserves the district if the redistricting ax handle falls in Albany," Caputo said. "The NY-27 is less likely to be taken from a Medal of Honor recipient. The voters of the NY-27 have a rare opportunity to select the only Republican candidate who can repel a redistricting raiding party."

As for what kind of candidate and congressman Bellavia might be, Caputo said he believes Bellavia could be the kind of leader that helps heal some of the divisions in the country. While Bellavia has supported the president, his Hall of Heroes speech -- a big hit with conservatives that has drawn no fire from progressives -- was patriotic without being nationalist, Caputo acknowledged. It was anti-war while promising to rain destruction on any nations that attack the United States, and standing before the Army's top brass, Bellavia stood strong for loyalty, equality, and a free press.

After praising the work of combat journalist Michael Ware, and noting the important role journalists play in telling the story of the men and women who go to war, Bellavia said:

"This entire military is one cohesive dedicated force. And the threats to our nations -- they don't sleep. They're watching our every move. Iran. Russia. China. North Korea. ISIS. Al-Qaeda. They may be watching this right now.

"Our military should not be mistaken for our cable news gabfest show. We don't care what you look like. We don't care who you voted for, who you worship, what you worship, or who you love. It doesn't matter if your dad left you millions when he died or if you knew who your father was. We have been honed into a machine of lethal moving parts that you would be wise to avoid if you know what's good for you.

"We will not be intimidated. We will not back down. We've seen war. We don't want war. But if you want war with the United States of America, there's one thing I can promise you, so help me God, someone else will raise your sons and daughters.

"We fight so our children never have to. We fight for one day when our children and our enemies' children can discuss their differences without fear or loathing."

That tempered conservatism reflects Bellavia's beliefs, Caputo said.

"Most Western New York progressives, who are valuable voices in the discussion, in the public discussion, most of them know David," Caputo said. "Some of them are good friends because David made a point when he returned to Western New York to reach out to progressives he respects.  

"The reflexively anti-conservative progressives might not support him but the open-minded, thinking progressives who have been in conversations with David for years now, understand the kind of person he is. 

"If people approach this honestly, there is an agreement on both sides that we're in trouble as a nation and we need to tone this down and become more united. David is the person who can start that conversation from our side."

Photo: File photo, Bellavia's 2012 campaign kickoff announcement.

Saturday night this kitten was thrown from a red car on Route 98 near West Saile Drive.

According to the Sheriff's Office, the kitten suffered severe injuries. 

No further description of the vehicle is available but the incident was witnessed at 8:45 p.m., Saturday.

People with information that can assist the investigation are asked to call the Sheriff's Office at (585) 343-5000.

UPDATE: According to Volunteers for Animals, "Due to the severity of the injuries, the kitten was euthanized per the veterinarian's recommendations."

     William Schultz

A 45-year-old Batavia resident has been arrested and accused of selling crack cocaine on two occasions to an agent of the Local Drug Task Force.

William G. Schultz Sr., 45, of East Main Street, Batavia, is charged with two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd. 

Schultz was arrested on a sealed indictment warrant after appearing at the Batavia PD headquarters on an unrelated matter. 

Following his arraignment today in Genesee County Court, he was jailed without bail.

His arrest is the culmination of a six-month investigation by the task force, assisted by Batavia PD, the Sheriff's Office, and the District Attorney's Office.

Brian Keith Dyer, 52, of North Street, Batavia, (inset photo, right) is charged with second-degree assault and criminal possession of a weapon in the third degree. Dyer was arrested on July 5 after he allegedly hit another person over the head with a blunt object, causing an injury, during an altercation at 6:07 p.m. on North Street. He was arraigned in Batavia City Court and jailed without bail. He was due back in court today (July 8). The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Christopher Lindsay.

O.V. Murphy, 60, of Highland Park, Batavia, is charged with second-degree harassment. Murphy was arrested after allegedly striking another person on the front porch of his residence at 14 Highland Parkway at 5:51 p.m. on July 3. The defendant was issued an appearance ticket for July 16 in Batavia City Court. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Officer Stephen Quider.

Linda A. Snyder, 36, of Highland Park, Batavia, is charged with second-degree harassment. Snyder was arrested after a physical altercation at 14 Highland Parkway. She allegedly struck another person while on the front porch at 5:51 p.m. on July 3. The defendant was issued an appearance ticket for July 16 in Batavia City Court. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Felicia DeGroot.

Damien Cole Clark, 18, of Lemoyne Avenue, Syracuse, is charged with second-degree harassment. On July 6, Clark was arrested at Six Flags Darien Lake Theme Park after he allegedly slapped an employee in the head. He was issued an appearance ticket for Darien Town Court and is due there on July 23. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

William T. Hughes, 62, no permanent address, Batavia, is charged with second-degree criminal contempt. Hughes was arrested at 4 p.m. on July 5 on Spruce Street, Batavia, after being allegedly found in violation of an order of protection. He was located in the residence of the protected party. Hughes was arraigned in Town of Batavia Court and jailed without bail. He is due in Batavia City Court at a later date. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Christopher Camp.

Wesley Thigpen, 38, of Ellicott Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 4:30 p.m. on July 7 on Vine Street in Batavia after he allegedly had unwanted contact with an individual in violation of an order of protection. He was arraigned in Batavia City Court and jailed in lieu of $2,500 cash or bond. He was due back in court this afternoon (July 8). The case was handled by Batavia Police Officer Peter Post, assisted by Officer Stephen Quider.

Samuel N. Sciascia, 47, of Dewey Avenue, Rochester, is charged with four counts of criminal possession of a controlled substance in the seventh degree, one count of criminal possession of burglar tools, and one count of criminal possession of a hypodermic instrument. He was arrested following a complaint of suspicious activity at the Tops Friendly Market parking lot on West Main Street in Le Roy. Upon arrival by a Le Roy patrol, Sciascia was allegedly found in possession of multiple different types of controlled substances along with a crack pipe and hypodermic needles and a vehicle access tool used to enter locked vehicles. He was arraigned and put in Genesee County Jail in lieu of unspecified bail.

Scott D. Higgins, 38, of Ganson Avenue, Batavia is charged with: driving while intoxicated -- with a previous conviction; operting a vehicle without an ignition interlock device; DWI with a BAC of .08 or more; leaving the scene of a property damage accident; and aggravated inlicensed operation of a motor vehicle in the first degree. At 2:36 a.m. on July 6, Batavia Police responded to the area of 5 Maple St. for a truck into a utility pole that left the scene. Subsequent investigation located the vehicle and operator on Ganson Avenue and Higgins was arrested. He was arraigned in Batavia City Court and jailed without bail. He was due back in court this afternoon (July 8). The case was investigated by Batavia Police Officer Arick Perkins, assisted by Officer Peter Flanagan.

Jonathan Henry Cordeiro, 32, of McIntyre Road, Le Roy, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI -- first offense; expired inspection; aggravated unlicensed operation in the third degree. Cordeiro was arrested at 1:33 a.m. after a traffic stop on West Main Street in Batavia. He was issued several tickets and is due in Batavia City Court on July 16. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Ross Miller, 59, of Rochester Street, Bergen, is charged with driving while intoxicated, operating a motor vehicle with a BAC of .08 percent or more, failure to keep right, failure to use designated lane, and illegal signal -- less than 100 feet from turn. Le Roy Police arrested Miller on July 3 after being observed allegedly operating his vehicle erratically and failing to maintain his lane of travel. A subsequent investigation allegedly found Miller to be intoxicated and he was ticketed and released.

Gregory James Savino, 36, of Oak Lane, Lockport, is charged with: aggravated driving while intoxicated; DWI; moving from lane unsafely; failure to keep right; and driving left of pavement markings. At 8:58 p.m. on July 4, Savino was arrested on Alleghany Road, Alabama. He allegedly crossed the center line into oncoming traffic while traveling southbound on Route 77 in the Town of Alabama. Further investigation allegedly determined he was driving with a BAC of .18 percent or more. He was released on an appearance ticket and is due in Town of Alabama Court on July 24. The case was handled by Genesee County Sheriff's Deputy David Moore.

Christine M. Wagner, 38, of Jackson Street, Batavia, is charged with having an unlicensed dog and having an unvaccinated dog. Wagner was arrested at 6:11 p.m. on July 1 following an investigation into a dog bite complaint on Jackson Street. She was issued an appearance ticket and is due in Batavia City Court on July 17. The case was handled by Batavia Police Officer Stephen Cronmiller.

Jodee M. Henderson, 34, of Broadway Road, Darien, was arrested and arraigned in Batavia City Court at 1:45 p.m. July 5 on an outstanding bench warrant. She was released on her own recognizance and is due back in court on July 17. The case was handled by Batavia Police Officer Kevin DeFelice.

Distracted driving is the suspected cause of a fatal accident at 12:15 this afternoon after a tan 2007 Mercury Grand Marquis sedan slammed into the side of a trailer being hauled by a semi-truck at Route 63 and Route 19 in Pavilion.

The 81-year-old driver of the sedan, Robert G. Daniels, of Warsaw, who deputies believe ran a red light, was pronounced dead at the scene by GC Coroner Tom Douglas.

The driver of the semi-truck, 69-year-old Michael D. Dunn, who had the right-of-way, was uninjured. He is from Prescott, Ontario, Canada, and was driving a 2019 International semi with an empty 2019 Manac trailer northbound on Route 63.

According to a Genesee County Sheriff's Office press release, the investigation continues as to the reason why Daniels failed to stop at the red traffic signal while he was traveling on southbound on Route 19. He struck the passenger side of the trailer.

The accident was investigated by GC Sheriff's Deputy Kevin Forsyth. Assisting at the scene were Sgt. Andrew Hale, Deputy Chris Erion, Investigator James Diehl, the GC Sheriff's Office Crash Management Team members Sgt. Jason Saile and Deputy Richard Schildwaster, Trooper Matt Luft with the NYSP Commerical Vehicle Enforcement Unit, amd members of the Town of Pavilion Fire Department.

Two vehicles and a tractor-trailer collided at Big Tree Road and South Lake Road (routes 63 and 19). One of the vehicles is lodged under the tractor-trailer. There are serious injuries and the roadway is blocked. Pavilion Fire Department is on scene along with mutual aid from Bethany. Mercy medics responding.

Law enforcement is shutting down multiple roadways: the intersection at Texaco Town; route 63 at GC county road 36, route 20 and route 19.

The State Police Commercial Vehicle Inspection Unit is called to the scene.

UPDATE 12:43 p.m.: Due to demands on manpower following the accident, a Sheriff's supervisor is requesting at least two deputies scheduled to work the next shift to come in early.

UPDATE 2:21 p.m.: This is a fatal accident. Although the initial dispatch was for a tractor-trailer and two passenger vehicles involved, only one sedan was involved in the collision with the big rig, which is operated by Kriska Transportation Co. Roads are still closed in the vicinity.

UPDATE 2:50 p.m.: According to Genesee County Sheriff's Sgt. Jason Saile, the tractor-trailer was northbound on Route 63 when a light-colored Mercury Grand Marquis was traveling southbound on Route 19 and failed to stop at a solid red light. The sedan plowed into, and under, the big rig and the male driver, the sole occupant, was deceased by the time first responders arrived. The trucker was not injured. Saile said there is no physical evidence of the sedan ever braking. The impact knocked the trailer into the southbound lane. It was empty. Parise's Auto & Towing was called in to lift the trailer off the car so the victim could be removed. Saile said distracted driving is suspected.

Video T/K.

UPDATE 3:27 p.m.: Just announced roadways are reopened and all responders are back in service.

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 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.

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.

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.

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:

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.

Jennifer L. Serrano, 48, of Irving, was convicted this afternoon of vehicular manslaughter, leaving the scene of an accident without reporting, driving while intoxicated, and aggravated unlicensed operation of a motor vehicle at the conclusion of her six-day trial.

After less than three hours of deliberation in Genesee County Court, jurors rendered a unanimous guilty verdict on all four counts.

Serrano stood trial for killing 18-year-old Connor Lynskey with her Jeep Wrangler last August as both individuals traveled along Sumner Road in Darien after a concert at Darien Lake Performing Arts Center.

The decision came shortly after the jury requested to review Deputy Robert Henning’s body camera footage, which captured Serrano participating in field sobriety tests and refusing an Alco-sensor test. This video appeared to be a deciding factor that helped refresh jurors' recollections of early evidence in the case and expedite their verdict.

Defense attorney Frank LoTempio spoke about his client’s disappointment upon receiving the verdict.

“We didn’t receive one decision in our favor," LoTempio said. "The cards were kind of stacked up against us. But, the jury rendered their verdict, and we live with that."

LoTempio said that the trial’s proximity to the July 4th holiday may have contributed to the quick verdict, and defense counsel may potentially appeal the case.

After his court victory, District Attorney Lawrence Friedman expressed his satisfaction with both the verdict and the case he presented to jurors. He commended the Lynskey family for seeking justice for Connor’s death.

“They’re strong people,” Friedman said of the Lynskeys. “They were here for every single court appearance no matter how minor it was. They made a six-hour round trip for every court appearance.”

“Even when the testimony or the evidence was certainly unpleasant for them, they were here," Friedman said. "I’m sure it was a very difficult thing, but it was obviously something that they needed to do. They got through it, and I’m sure that they’re glad that they were here."

Serrano faces a prison term of four and two-thirds to 14 years upon sentencing. Judge Charles Zambito adjourned the court awaiting Serrano’s sentencing at 9:30 a.m. Aug. 19 in Genesee County Court.

Top photo: The mother of Connor Lynskey, Donna, leaving court after the verdict, with Lawrence Friedman. Bottom photo, his father, Michael Lynskey. Photos by Lauren Leone.

District Attorney Lawrence Friedman called two rebuttal witnesses this afternoon, who are both accident reconstructionists, to provide insight about the precise location of 18-year-old Connor Lynskey when he was struck by alleged drunk driver Jennifer Serrano last August in Darien.

Expert James Orr testified in order to explain his findings based on police photographs and investigation measurements from the accident scene. Orr’s rationale for the absence of tire marks in the gravel along the edge of Sumner Road is that gravel will not be disturbed unless sudden maneuvering or braking occurs.

A photograph of what is purported to be Lynskey’s footprint was revisited numerous times today in court. The image, according to Orr, depicts a heel print in the gravel and the top of the foot pivoting out of the frame. Orr said this pivot represents Lynskey’s right foot as the left side of his body rotates in the direction of the vehicle upon impact. Orr said no debris of any kind could make that type of mark. 

"Using the debris field that was found primarily on the shoulder, gravel and grass, jurors will determine whether Lynskey was positioned in the traffic lane or if Serrano’s vehicle left the roadway.

Orr said that debris in accident scene photos may indicate that broken pieces from the vehicle's exterior made contact with Lynskey’s body at the point of impact.

Defense attorney Frank LoTempio asked Orr how he could know the exact collision location if he had relied on photos taken by Genesee County Sheriff's Office Investigator Chris Parker, who admitted he could not recall the precise location of gravel disturbance. Orr remained confident in his assertion that Lynskey was located on the shoulder at the time of impact. 

Jon Northrup, the second expert who testified today, reviewed police measurements and photos, and calculated pedestrian formulas when conducting his investigation. Northrup extended the angle of Lynskey’s slide path back to the shoulder and edge of the road to estimate Lynskey’s position.

Northrup testified that Lynksey flew 12 feet in the air upon collision and slid 18 feet through vegetation, a total distance of 30 feet from strike to resting place. Northrup predicts that Serrano’s vehicle was driving on the shoulder approximately 2.5 feet off the edge of the road.

Northrup said Lynskey’s footprint and contact with the vehicle’s windshield are not consistent with Lynskey tripping into the path of Serrano’s Jeep. He said that Lynskey was upright when he was struck.

Northrup disagreed with Thomas C. Onions, an accident reconstructionist called by defense counsel, about his findings related to vehicle speed and visibility. Northrup claims Serrano's vehicle was traveling faster than 37.5 miles per hour and its headlight visibility was over 150 feet.

Orr and Northrup agreed that photo evidence from the accident scene that was collected by investigators could have been more conclusive had they made better photographs of the alleged footprint and debris field. They said accident reconstruction experts are trained to observe evidence that officers may not look for. 

Orr and Northrup each conceded there is no way to determine the precise vehicle speed or location of Lynskey upon impact because pedestrian calculations are only accurate for full-body hits, not partial strikes. 

Serrano is facing charges of vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated and aggravated unlicensed operation of a motor vehicle. 

Jurors will be informed of the legal specifications of each of the four counts tomorrow at 9 a.m. in Genesee County Court.

District Attorney Lawrence Friedman and defense attorney Frank LoTempio faced off during oral arguments this morning over the admission of rebuttal witness testimony during the trial of alleged drunk driver Jennifer Serrano. 

Friedman intends to call accident reconstructionists James Orr and Jon Northrup to testify to their perspectives of the location of a deadly impact between Serrano’s vehicle and 18-year-old pedestrian Connor Lynskey. Serrano and Lynskey were both traveling along Sumner Road after a concert at Darien Lake Performing Arts Center last August at the time of the collision.

Friedman argued that evidence introduced earlier in the trial will yield different interpretations from those offered by witnesses such as Sgt. Jason Saile and Thomas C. Onions, an accident reconstruction expert.

The three main topics of debate are the speed of Serrano’s vehicle, the visibility on Sumner Road, and the location of vehicle-pedestrian impact. The rebuttal witnesses are also expected to weigh in on a photograph of what is purported to be Lynksey’s footprint in the gravel shoulder of the road.

LoTempio said that the district attorney failed to present Orr and Northrup as witnesses in a timely manner when he filed a motion for demand of discovery months ago. The discovery demand allows the People and the defendant to get an idea of the evidence that will be used against them during the trial.

LoTempio also claimed that the People’s rebuttal witnesses would be prejudicial to Serrano because defense expert Onions may not have the opportunity to respond to the alternate interpretations since he is currently out of the area.

During banter between Friedman and LoTempio, LoTempio let out an incredulous laugh when Friedman countered his arguments about mistrial, discovery demand and rebuttal witnesses. 

LoTempio said that the location of the impact is an element of causation that jurors should consider in their deliberations since Serrano is charged with vehicular manslaughter, leaving the scene of an accident without reporting it, driving while intoxicated and aggravated unlicensed operation of a motor vehicle. 

Judge Charles Zambito said that knowing the exact location of Lynskey at the time he was struck is not necessary for the jury to reach its verdict. After a recess, Zambito rendered the decision that the defense’s motion for a mistrial is denied and that it will be appropriate for the People to rebut with expert testimony from Orr and Northrup. 

The fifth day of the Serrano trial continues this afternoon in Genesee County Court.