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Law and Order: Kelsey Road man faces two new felonies related to child porn case

By Billie Owens

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with possession of obscene sexual performance by a child and use of a child in a sexual performance, both felonies. He was arraigned on the charges on Nov. 29 in Batavia Town Court. Somerton was initially arrested and arraigned on five counts of disseminating indecent material to a minor on Oct. 31 after investigation into a sex offense that occurred in the Town of Batavia Oct. 13. The new charges stem from further investigation and additional charges are pending. The case was investigated by Genesee County Sheriff's Investigator Howard Carlson, assisted by Investigator/Youth Officer Timothy Westcott. The Genesee County Sheriff's Office Criminal Investigation Division was assisted by the FBI Buffalo field office.

Alvin Ezra Way, 57, of Bank Street, Batavia, is charged with second-degree criminal contempt. He was arrested at 9:06 p.m. on Dec. 1 on Colonial Way in Batavia for allegedly violating an order of protection by having personal contact with the protected party. He was issued an appearance ticket for Dec. 17 in Town of Batavia Court. The case was handled by Genesee County Sheriff's Deputy Travis DeMuth, assisted by Deputy Erik Andre.

Christie Lynn Daniels, 22, of Council House Road, Basom, is charged with: DWI, speeding in excess of 55 mph, and unlicensed operation -- driving without a license. At 1:59 a.m. on Dec. 2 on Lewiston Road in Batavia, Daniels was stopped by Genesee County Sheriff's Deputy Ryan Young for allegedly speeding. After an investigation, it is alleged that Daniels was driving without a license and while intoxicated. She was issued appearance tickets for Dec. 17 in Batavia Town Court. Deputy Young was assisted in the case by Deputy Austin Heberlein.

Trisha A. Park, 26, of Le Roy, was arrested in the evening on Nov. 30th by the Le Roy Police Department and charged with: aggravated driving while intoxicated with a child passenger under 15 years of age inside the vehicle, a class E felony; operating a motor vehicle impaired by drugs and endangering the welfare of a child -- both misdemeanors; unlawful possession of marijuana and inadequate headlights on a motor vehicle, both violations. At approximately 5:45 p.m. on Nov. 30th, patrols observed a vehicle operating without a headlight on Wolcott Street in the Village of Le Roy. Patrols initiated a traffic stop and interviewed the operator. While speaking with the operator, patrols allegedly noticed a strong marijuana odor emanating from the vehicle. A vehicle search would allegedly reveal marijuana as well as marijuana paraphernalia. After a brief investigation it was allegedly determined that Park was impaired by drugs. Park was taken into custody without incident and was evaluated by a Drug Recognizant Expert. Park was arraigned in Le Roy Town Court and released under supervision. Park is due back in court on Dec. 20th.

Frank L. Cortright, 60, of Route 77, Alabama, is charged with fourth-degree criminal mischief. It is alleged that at 12:15 p.m. on Nov. 30 on Pratt Road in Pembroke that Cortright intentionally damaged property belonging to another individual. He was issued an appearance ticket returnabled to Pembroke Town Court on Dec. 11. The case was handled by Genesee Coounty Sheriff's Deputy Travis DeMuth.

Stephen Michael Milroy, 24, of Perry Road, Pavilion, is charged with seventh-degree criminal possession of a controlled substance and unlawful possession of marijuana. At 3:42 a.m. on Dec. 1, Milroy was arrested on Park Road in Batavia after investigation into a report of an unconscious male sleeping in his vehicle in the Batavia Downs' parking lot. Milroy was processed at the jail and issued appearance tickets returnable to Batavia Town Court on Dec. 17. The case was handled by Deputy Andrew Mullen.

Christopher Jai Shawn Middleton, 24, of Dumont Avenue, Brooklyn, is charged with unlawful possession of marijuana and speeding. The defendant was stopped at 8:35 a.m. on Sumner Road in Darien on Nov. 29 for allegedly speeding. Investigation allegedly revealed he possessed marijuana. He was issued an appearance ticket returnable to Town of Darien Court on Dec. 11. The case was handled by Genesee County Sheriff's Deputy Kevin McCarthy.

Restitution of $14K again delayed in case of former nurse who falsified business records

By Howard B. Owens

Michelle Ann Case, whose criminal case goes back to 2011, still owes her former employer, HomeCare & Hospice, in the neighborhood of $14,000 but her restitution has yet to be placed on a payment plan by a judge and such a plan was delayed again in County Court this morning.

The 50-year-old Case has been through two trials, convicted twice but the first conviction was overturned on appeal.

This morning Judge Charles Zambito ordered Case to prepare a financial affidavit to help him determine appropriate monthly payments and set a hearing for 9:45 a.m., Dec. 18.

Meanwhile, Public Defender Jerry Ader, representing Case, is challenging Zambito's jurisdiction to order restitution payments.

Because Case has moved a couple of times since her jury trial conviction in July 2016 her probation was transferred to Erie County and then to Niagara County.

She is no longer on probation.

Ader contends that since she was last on probation in Niagara County, the county court in Niagara County has jurisdiction over restitution. He said there is no legal mechanism to transfer jurisdiction back to a court in Genesee County.

District Attorney Lawrence Friedman disagrees. He argued that legal precedent doesn't cover jurisdiction over restitution just other matters related to probation.

Ader said he will prepare a written memo for Zambito on his interpretation of legal precedent for Zambito to consider prior to the Dec. 18 hearing.

Case was convicted of falsifying business records in order to increase her compensation from HomeCare & Hospice. She said the inaccurate records were not her fault.

Jerome Foundation honors Dr. Matthew Landfried for contributions to the community

By Howard B. Owens

The admiration for Dr. Matthew Landfried ran deep Friday at Terry Hills for the presentation of the Jerome Foundation's Health and Humanitarian Award but there was also a bit of humor along the way, including a giant bumblebee that delivered an honorary proclamation from State Senator Michael Ranzhofer along with a bouquet of flowers.

In the end, Landfried expressed his appreciation for the award.

"This doesn’t say what I do," Dr. Landfried said. "This tells me what the community thinks of who I am. I really appreciate it. Thank you very much."

Dr. Landfried is currently the medical director of Surgical Services and chairman of the Department of Surgery at UMMC, and serves on multiple committees at UMMC and its partner Rochester Regional Health. 

He also volunteers his time with Batavia and Notre Dame high schools, assisting on the sidelines of sporting events, serving as a team doctor. He's also been involved in several community organizations and supported many local causes financially. 

Greg McAlister introduced Dr. Landfried before the award presentation and his remarks along with a tribute video recalled many of accomplishments of Dr. Landfried's medical career, including remarks by a woman who recalled how Dr. Landfried stepped in to assist with a case after her father contracted sepsis after surgery.  The woman said she didn't want to return to the original surgeon. She said Dr. Landfried spent hours researching the case and trying to assist. When her father took a turn for the worse he tried to refer the case to a specialist in Rochester but none of the doctors he contacted would take the case.

"I begged Matt to try one last time and he did and he got a specialist to take the case," McAlister said, quoting from the unidentified woman's letter. "Because of Matt’s determination, my dad lived another 15 years.”

Dr. Landfried is a member of the Trauma and Critical Care response team of National Disaster Medical System of the U.S. Department of Health & Human Services, he has volunteered in Haiti, Texas, and other disaster sites supporting the critical medical needs of the communities struck by disasters such as earthquakes and hurricanes. He assisted at an orphanage in Haiti and remains in contact with them and provides financial help as well.

As part of Friday's festivities, each guest of the luncheon received a small jar of honey and a small wooden honey wand, which, along with the bumblebee costume, recognizes one of Dr. Landfried's hobbies: raising honey bees. He and his wife also grow apples, grapes and make wine on their farm property on Shepard Road.

In addition from a proclamation from Ranzenhofer delivered by a bee, Dr. Landfried received proclamations from Assemblyman Steve Hawley's Office, the County Legislature, delivered by Legislator Shelly Stein, and the Batavia City Council, delivered by Councilman Bob Bialkowski.

"People like you," Bialkowski said, "with your commitment, your dedication, all your time and contributions, you make Batavia a great place to live."

Pavilion man accused of dealing fentanyl, allegedly in possession of heroin at time of arrest

By Howard B. Owens
      Jack Benson

A 60-year-old Pavilion man has been arrested and accused of illegally selling fentanyl in Genesee County.

Jack E. Benson, of St. Mary's Street, Pavilion, is charged with three counts of criminal sale of a controlled substance, 3rd, and criminal possession of a controlled substance, 3rd.

Benson was taken into custody on an arrest warrant stemming from a sealed grand jury indictment following a traffic stop this afternoon in Stafford.

He is accused of selling fentanyl to an agent of the Local Drug Task Force on three different occasions. 

At the time of the stop, he was allegedly in possession of 24 doses of heroin and $1,300 in cash. 

Jolynn M. Gorski, 38, of Batavia, was reportedly a passenger in Benson's vehicle at the time of the stop. She was allegedly found in possession of drug paraphernalia and charged with criminal use of drug paraphernalia.

Benson was arraigned in County Court by Judge Charles Zambito and ordered held in the Genesee County Jail without bail. 

Additional charges are pending.

The arrest was the result of an investigation by the Local Drug Task Force. The task force was assisted by Batavia PD and the District Attorney's Office.

Law and Order: Bergen teen accused of grabbing teacher's head and shaking it during class

By Billie Owens

A 16-year-old male who lives in Bergen was arrested and charged with second-degree harassment at 12:40 p.m. on Nov. 14. He allegedly grabbed and shook a teacher's head during class at Byron-Bergen High School. He was arraigned in Bergen Town Court and an order of protection was issued for the teacher. The teenager is due in Bergen Town Court at 5 p.m. on Dec. 12. The case was handled by Genesee County Sheriff's Deputy Matthew Butler.

Rodney Scott Schwartz, 53, of Broadway Road, Alexander, is charged with: DWI -- second offense within 10 years; aggravated unlicensed operation in the first degree; and open container of alcohol in a vehicle. Following an investigation into a domestic incident at 6:55 p.m. on Nov. 25, Schwartz was arrested on these charges and jailed on $1,000 cash bail or $2,000 bond. He was due in Alexander Town Court on Nov. 29. The case was handled by Genesee County Sheriff's Deputy James Stack.

Sara Rae Tombari, 21, of Roanoke Road, Pavilion, is charged with third-degree bail jumping. She was arrested after failing to appear for a scheduled court appearance. She was arraigned at 1 p.m. on Nov. 27 in Batavia City Court and jailed in lieu of $2,500 bail. The case was handled by Genesee County Sheriff's Sgt. Thomas Sanfratello, assisted by Sgt. Ronald Meides.

Joseph Michael Smith, 42, of Colonial Lane, Bath, is charged with third-degree bail jumping. He was arrested after failing to appear for a scheduled court appearance. He was arraigned at 12:50 a.m. on Nov. 28 in Batavia Town Court and jailed in lieu of $1,000 bail. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Byron girl found safe, Amber Alert canceled

By Howard B. Owens

A 14-year-old Byron girl who was the subject of an Amber Alert earlier today has been located safe, according to Sheriff Bill Sheron.

He said more information will be released soon.

The 22-year-old man, Guillermo Torres-Acevedo, suspected of taking her away from a location on West Bergen Road, Byron, has also been located.

UPDATE: The girl and Torres-Acevedo were located in Mansfield, Pa., by Pennsylvania State Police. Torres-Acevedo was taken into custody on a warrant and is being held pending extradition. The girl is returning to Genesee County. 

Assisting in the investigation, the New York State Police and U.S. Secret Service. Additional charges are pending.

Updated photo released of suspect in Amber Alert

By Howard B. Owens
        Guillermo Torres-Acevedo

UPDATE 7:15 p.m.: Amber Alert canceled. The girl has been located and is safe. The suspect has also been located.

The suspect in the disappearance of a 14-year-old girl from Byron shaved his head before this morning, according to Sheriff Bill Sheron.

This evening, the Sheriff's Office released an updated photo of Guillermo Torres-Acevedo with short hair and a trimmed Van Dyke-style goatee. 

According to the Sheriff's Office, Kamerie Elliot willingly got into Torres-Acevedo car at about 8 a.m. today and left with him and hasn't seen since.

She is considered in "imminent danger or serious harm and/or death" and an Amber Alert has been issued.

The suspect vehicle is a blue Dodge Journey are New York HHP5458.

Kamerie currently has hair that is dyed cotton-candy blue.  

If you have information or spot the vehicle or either individual, call 9-1-1 or (585) 343-5000.

For more information, our previous story: Girl from Byron missing after leaving with man ordered to stay away from her

This is not a picture of the vehicle but it looks like the vehicle in this photo.

Alexander needs new bus garage, classroom upgrades, football lights go along with it, residents told at forum

By Howard B. Owens

Becky Cokelet, SEI Design Group

A $12.6 million capital improvement proposal for the Alexander Central School District truly is a collaborative effort by members of the local community, Superintendent Catherine Huber, Ed.D., told residents at a community forum Wednesday night.

"The committee worked tirelessly for several months and really came up with a plan that represents the voices of the community," Huber said. "The work was nothing but true collaboration and this plan really does represent the voices of our community."

The plan calls for a new bus garage, four upgraded classrooms in the elementary school building, and lights for the football field.

There are some in the community, including Toby Wade, who had a lot to say at the forum, who suspect the lights for football is a sort of bribe of the community to get approval for the bus garage.

"There is a perception out there by some people, and I admit, I'm one of them, who think you are just throwing them a bone so you can get the rest of the stuff you want," Wade said. 

Huber said the football lights were included because lights on the football field are a long-standing request of the community. She said it was one of the first things brought up to her by community members when she joined the district two years ago. The need for a new bus garage and dealing with the classroom situation is driving the need for a capital project, and that creates an opportunity to wrap in lights for the football field.

"We feel like this plan is not a matter of throwing a bone to anybody," Huber said. 

The state requires school districts to do a facilities review every five years and identify potential issues that need to be addressed. To comply with that requirement, Huber said, the district formed a committee -- any member of the community was able to participate -- and committee members toured the entire district property.

"When we came back from our site tour, almost everybody in that room knew what our priorities should be," Huber said. "When we toured the transportation facility, we realized what dire straits that transportation facility is in. We had no idea what condition the classrooms were in on the garden level but flooding was happening there regularly. The transportation facility and the elementary school building, we knew we had to do something about that. That was our jumping off point."

The current bus garage is beyond repair, Huber said. Bricks are deteriorating, there are other structural problems, and modern buses don't fit in it well.

There is also a persistent complaint about the safety of the current location. The current configuration means buses must back up into both car and pedestrian traffic areas.

Another long-standing request from the community, Huber said, is for a sidewalk connecting the high school with the elementary school in order to improve safety.

The proposed new transportation facility would eliminate indoor parking for buses (a configuration the state would not fund), create bays for bus maintenance, and a second floor for offices for transportation staff.

The transportation facility would be on a raised elevation, creating separation from pedestrian traffic on the sidewalk next to the football field.

Huber said the district decided to build a new transportation hub at the present location of the bus garage because there was no other available space on school district property and with declining enrollment, it made no sense for the district to acquire off-campus property for buses.

"We looked at several locations on campus and everywhere we ran into issues -- slops, water flows, traffic," Huber said. "It's a very complicated space."

Becky Cokelet, project consultant, from SEI Design Group, explained the situation with the elementary school classrooms.

There is a problem with flooding in the lower southwest area of the building because of soil conditions and that has caused damage to the building. 

The plan also calls for eliminating the bathrooms in each classroom and converting those to storage closets. Two new multi-stall bathrooms will be added where there is currently a classroom. 

The classrooms will be updated with modern fixtures and features and module desk units purchased. There will also be new lockers installed in the hallway.

Funding for the $12.6 million projects will come from a variety of sources:

  • $1.9 million from capital reserves;
  • $750,000 from other reserves;
  • and, 79 percent funded by state aid.

There will be no tax increase in either the near-term nor the long-term related to the project, Financial Director Tim Batzel said.

The district will be required to take out a 15-year bond on the classroom renovations and a 30-year bond for the new building but there will be no increase in the tax levy as a result.

The bonds will be repaid over the years by reimbursements from the state, not out of district funds (after the allocated reserves are spent).

While the statutory language of the ballot measure voters are being asked to approve Monday discusses using tax levy funds to pay for the project, that is language required by state law. In reality, Batzel, future tax levy money will not be used for the project. The expense of the project is completely covered by existing reserves and state aid.

If voters approve the project, Cokelet and her SEI colleagues will need until June 2019 to draw up architectural plans, then state officials will need to approve those plans -- a process that takes several months -- so construction won't begin before 2020 and then will take 10 to 12 months to complete.

Toby Wade said it seemed like there were a lot of unanswered questions about project details, particularly around the design of a retaining wall that he and others thought could present a safety issue.

Huber assured the audience that there is no way the district would approve plans that didn't adequately address safety issues.

As for the lack of detailed design plans, Cokelet said the stages of development are driven by state regulation. First comes the assessment, then a preliminary plan, which requires state approval, and then that plan is presented to the school board for approval. After the board approves it, it is brought to district voters for consideration.

It's only after voters approve it that architects can begin to actually design the buildings and infrastructure of the project.

Wade said that process is a problem because the district voters have been burned before.

"The year 2000 building project was a complete failure," Wade said. "We had to go through lawsuits and it was a huge disservice to people. I can respect that you're trying to do what is needed, but a lot of people in the community aren't going to trust that you're doing your due diligence and trust that it's all going to turn out right."

Cokelet didn't deny the previous project had numerous problems but she said she wasn't involved in the 2000 project, nor was her company.

"I'm ashamed on a professional level, on behalf of my profession, how that firm represented (and) handled that project, but thankfully that firm is out of business," Cokelet said.

However, the district won't be able to maintain the garage much longer. Soon the state will require it be replaced.

"I understand this requires faith and trust but I hope you will look at our most recent projects and I hope you see the great work that was done on limited budgets," Cokelet said.

Voters in the Alexander Central School District can vote on the capital improvement project at the school on Monday (Dec. 3) from noon to 8 p.m.

Legislature puts proposed pawn shop local law on hold for further review

By Mike Pettinella

The Genesee County Legislature on Wednesday tabled a proposed local law designed to closely regulate secondhand dealers, but as far as one longtime Batavia businessman is concerned, the board should scrap it completely.

(Download PDF of the proposed local law.)

“I can’t sleep over this; I’m livid,” said Michael Barrett, owner of Batavia Marine & Sporting Supplies on West Main Street. “To put the onus on the business in the county is terrible.”

Barrett said he doesn’t like the proposed $150 licensing fee and what he perceives as extra layers of government intervention. Businesses not complying with the law would be subject to being charged with a Class B misdemeanor.

“I don’t need to be checked out by the sheriff’s (department), I don’t need to have to log everything in a book and I don’t need to have to download it to the sheriff’s (department),” he said. “That is their area of expertise, not mine.”

Legislature Chairman Robert Bausch said county lawmakers have “gotten comments about it – pro and con,” which has led them to ask for clarification of some the language of the law.

He said that District Attorney Lawrence Friedman, in conjunction with police agencies and the county attorney’s office, will be revising portions of the law.

“We’re going to get something out there eventually, but it is going back to the Public Service Committee and they don’t meet until January 14th," Bausch said.

Wednesday’s tabling action means that a public hearing scheduled for Dec. 12 on the matter will be cancelled.

Bausch said that the primary focus of the law is to pinpoint the source of items being sold to pawn shops and similar businesses and to curtail criminal activity -- “not to interfere with their business activity."

“We’ve heard that Pawn King (the county’s lone pawn shop, located on Veterans Memorial Drive) is doing the right thing in other counties (with a LeadsOnline tracking program),” he said. “Our concern is that there (be) no collateral damage to other businesses.”

He also noted that when a similar law was proposed five or six years ago, no one objected except for scrap dealers. The law did not take effect due to lack of support from legislators. This time around, scrap dealers are exempt from the proposed ordinance.

Commenting on concerns from business owners who offer gift cards, Bausch said that is not part of the equation.

“I don’t even worry about the gift cards as part of normal business activity, unless people are selling gift cards to the pawn shop,” he said.

Legislator Andrew Young, who has come out as being opposed to the law, acknowledged that the intent is "admirable," but feels that it is too restrictive.

"We've gone way too far ... it's nine pages of limitations and regulations," he said. "And it is ambiguous as to who it really covers."

Young said he hopes some of the points he made during recent committee meetings will take hold and that he is looking forward to discussing the revised document at a Ways & Means Committee meeting next month.

Public comments on The Batavian and other sites have been mostly against the law.

Barrett, who takes in used gun parts such as empty cartridge brass, scopes and reloading equipment, said there already are many layers of regulations and is “overburdened as it is.”

“Business is bad in the county … so many empty buildings in our town,” he said. “I’ve talked to one business owner and he said if this goes through, he’s taking his business out of the county.”

Barrett said he’s read the proposed law very closely and believes that other than “used cars, clothing, books and scrap, everything else is open.”

He said he plans to be there when the public hearing does take place and hopes that he is joined by other business owners.

“Wild horses couldn’t drag me away,” he said.

Girl from Byron missing after leaving with man ordered to stay away from her

By Howard B. Owens

UPDATE 7:15 p.m.: Amber Alert canceled. The girl has been located and is safe. The suspect has also been located.

The Sheriff's Office believes a 14-year-old Byron girl was allegedly abducted this morning from a location on West Bergen Road, Byron by a 22-year-old man driving a blue Dodge Journey.

She is considered in "imminent danger or serious harm and/or death" and an Amber Alert has been issued.

Kamerie Elliot is described as 4 feet, 11 inches tall and 140 pounds. She normally has brown hair but recently dyed it a cotton-candy blue.

The suspect is Guillermo Torres-Acevedo, who has black hair and brown eyes. He is approximately 5 feet, 6 inches tall and weighs 180 pounds.

The license plates of the Dodge Journey are New York HHP5458.

According to Sheriff William Sheron, Kamerie and Torres-Acevedo knew each other and Torres-Acevedo had been arrested by State Police on Monday in connection with that an incident involving the girl.

According to State Police public information officer for Troop A, James O'Callahan, the Bureau of Criminal Investigations received a tip from the National Center for Missing and Exploited Children and BCI opened an investigation into Torres-Acevedo's activities. Torres-Acevedo was arrested and charged with endangering the welfare of a child.

He was jailed on $5,000 bail and issued a complete stay away order as a result of the charge.

This morning, Kamerie apparently got into his car willingly at about 8 a.m.

The car was last seen traveling northbound on West Bergen Road. 

Town of Batavia Justice Tom Williams this morning signed an arrest warrant for Torres-Acevedo for the alleged violation of the stay away order.

If you have information or spot the vehicle or either individual, call 9-1-1 or (585) 343-5000.

UPDATE 3:21 p.m.: The suspect may have shaved his head this morning, according to Sheron.

This is not a picture of the vehicle but this photo looks like the suspect vehicle.

The charity of St. Vincent in Attica saves Tri-Town's basketball season

By Howard B. Owens

For a time, the leaders of Tri-Town Youth Athletics Association considered skipping the basketball season because they knew they couldn't pay new fees imposed by the Alexander CSD on use of the school's gym.

Then they got an offer from St. Vincent's Church in Alexander -- low-cost use of the gym there.

"Someone was kind enough to reach out and asked if we knew the building was sitting there not being used a ton and they offered to let us use it," said Lisa Lyons, president of Tri-Town. "It's worked out good for us so far."

The school district announced last spring that it would start charging Tri-Town a fee for use of school facilities even though Tri-Town helps develop student-athletes for the Trojans and the community has already made a substantial investment in The Field of Dreams, which the school district uses.

Tri-Town was able to reconstruct its football field in the park behind the Alexander Fire Department rec hall over the summer, but Lyons said the board didn't think it had access to a low-cost gym for basketball for the winter, so there was talk of canceling the season since the district's new fees proved unaffordable.

The uncertainty of the season, Lyons said, meant that registration this year was lower than normal, a dropoff from about 100 participates, down to 70 or 75.

But practices are underway and there will be games played this Saturday at St. Vincent's.

There's no set fee for the association to use St. Vincent's, Lyons explained. The association will make a payment from available registration funds after paying for insurance, uniforms and equipment.

St. Vincent is the patron saint of charities. 

The season runs through the end of January.

Previously:

Public forum in Alexander tonight on $12.6 million in improvements at school district

By Howard B. Owens

The Alexander Central School District has proposed a $12.6 million capital improvement package that includes lights for the football field, a new transportation building and classroom improvements.

The district will host a public forum on the package at 7 o'clock tonight in the auditorium.

There is an election schedule Monday to ask district voters whether to approve the package.

The transportation building is the largest part of the package, with an estimated cost of $6.9 million.

The proposal calls for the demolition of the existing transportation facility and the construction of a new bus garage.

The cost of lighting the football field is expected to come in at more than $400,000.

The district is proposing borrowing more than $10 million and spending $1.9 million from the capital reserve fund.

The ballot proposition anticipates an increase in the tax levy to help pay for the project but doesn't specify how much the levy might increase, if at all.

Alexander superintendent finalist for BOCES top job in Wayne-Finger Lakes

By Howard B. Owens

Catherine Huber, Ed.D., who was named superintendent of the Alexander Central School district two years ago this month, is one of two finalists for the Wayne-Finger Lakes BOCES District superintendent position, according to the BOCES website.

Huber is scheduled for a daylong visit at the BOCES campus as part of the interview process Dec. 12.

The other finalist is Vicma Ramos, superintendent for the Greater Amsterdam School District.

Prior to accepting the position in Alexander, Huber was a principal in West Seneca, director of secondary education and assistant superintendent for human resources in the Kon-Ton School District. She's a member of the chief school officer group at Genesee Valley BOCES and chairs the instructional subcommittee.

The Wayne-Finger Lakes BOCES includes 25 public school districts, 11 in Wayne County, nine in Ontario County, three in Seneca County and two in Yates County. The superintendent manages a $3.3 million budget.

The BOCES board anticipates appointing a new superintendent in January with a start date for the job in the spring.

Previously: Q&A with Catherine Huber, Ed.D., superintendent of Alexander CSD

Photo: File photo.

Law and Order: Basom woman accused of driving with a BAC of .18 percent or more and possessing cocaine

By Billie Owens

Daphne Sundown, of Basom, was arrested on Nov. 24 and charged with aggravated DWI -- with a BAC of .18 percent or greater, and criminal possession of a controlled substance in the seventh degree. Troopers responded to a report of a vehicle accident on Greiner Road at the intersection of Goodrich Road in Clarence. Investigation revealed that she rear-ended another vehicle that was stopped at the light. Sundown subsequently allegedly failed field sobriety tests. During a search a small amount of cocaine was found on Sundown and in the vehicle. She was released with a return court date in Clarence.

Isaiah P. Petty, 21, of Van Schoick Avenue, Albany, is charged with unlawful possession of marijuana and drinking alcohol in the motor vehicle on a highway. Petty was arrested at 3:30 a.m. on Nov. 24 on Main Street in Batavia following a traffic stop. Petty was issued an appearance ticket and is due in City of Batavia Court on Dec. 18. The case was handled by Genesee County Sheriff's Deputy Joshua Brabon.

Teen who shot killer on Central Avenue pleads guilty to weapons charge with chance to avoid prison term

By Howard B. Owens
  Samuel Blackshear

The attorney for the teenager accused of shooting murderer Nathaniel Wilson in the leg on May 17 on Central Avenue reached an 11th-hour plea agreement with District Attorney Lawrence Friedman today, saving his client a trial on felony assault charges. 

Jury selection was scheduled to begin today for Samuel Blackshear, 17, who was indicted by a grand jury on counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree.

Today, Blackshear entered a guilty plea to one count of criminal possession of a weapon with the understanding that he could be granted youthful offender status, which could mean probation or a 1 1/3 to four-year prison term, but if he isn't granted YO he faces at least three and a half years in state prison.

Whether Blackshear is declared a youthful offender will be entirely up to Judge Charles Zambito, who will issue his decision at Blackshear's sentencing at 2:30 p.m., Jan. 23, and Zambito, given the severity of the criminal possession of a weapon charge, can only reach that conclusion if he's convinced there were mitigating circumstances to justify Blackshear's possession of a loaded handgun.

Blackshear did not have a license to possess a handgun and at 17; he's too young to obtain a license to possess a loaded handgun.

His attorney, James Hinman, of Webster, will argue, he said, that there was justification, the mitigating circumstances necessary for Zambito to reach that conclusion.

Outside of court, Hinman explained that the video obtained from the pole camera placed by Batavia PD on Central Avenue just a day before the incident shows Wilson stabbing 41-year-old Terry J. Toote twice (Friedman said Toote was only stabbed once), killing him, and after dropping the knife, Wilson picks it up, walks into the middle of Central Avenue and starts approaching three other people in the street.

Toote, according to Hinman, is Blackshear's uncle. Friedman said he doesn't believe that is accurate.

"The video clearly shows (Wilson) threatening those other three people with that knife," Hinman said. "That is clearly, to me, a circumstance under which using deadly physical force to defend someone else is permitted under the law."

If the case had gone to trial, Hinman was expected to argue that Blackshear was justified in shooting Wilson but that only would have been a defense on the assault charge and the criminal possession of a weapon with intent to harm another person charge.

As Friedman explained after the hearing, "As you heard the defense attorney say, they were going to raise a justification defense, defense of yourself for others, and that would address the attempted assault first, the assault second, and also the one weapon possession charge that requires intent to use unlawfully, because if you are justified in the use then it wouldn't be unlawful use. But he realized that there was no defense to the possession of a loaded firearm outside of your home or place of business."

Wilson and Blackshear were two of the three defendants taken into custody after the May 17 incident. Also arrested was Jennifer Urvizu-Hanlon, 48, a Batavia businesswoman who owned a Mexican grocery store in the Valu Plaza.

Urvizu-Hanlon is accused of giving her licensed handgun to Blackshear at the Central Avenue scene.

She is charged with two counts of criminal possession of a weapon in the second degree, both Class C violent felonies.

Her attorney, Christian Kennedy, has indicated at previous court appearances on her behalf that he also intends to raise the justification defense if the case goes to trial.

Hinman thinks that in defending his client he could easily have convinced a jury that Blackshear was justified in shooting Wilson.

"All I would really need to have done is play the video, identify who Mr. Wilson is, who's Sammy, and that should have been the end of it," Hinman said.

Friedman said what Blackshear pled guilty to was actually one of the more serious charges of the indictment. 

"It's a Class C violent felony," Friedman said.

If Blackshear fails to abide by the terms of his release on bail while awaiting sentencing he could lose his chance for youthful offender status and the maximum prison term for the charge is 15 years in prison.

Friedman said he couldn't discuss whether at this point whether he will support, oppose, or be neutral on Blackshear's application for youthful offender status.

So far, Friedman said, he's satisfied with the outcomes of the prosecutions in the Central Avenue cases.

"We have taken care of two of the three defendants and I obviously feel they were appropriate dispositions," Friedman said. "As you know Nathaniel Wilson pled guilty to murder and got 20 to life."

CORRECTIONS: We corrected the sentencing options for Blackshear to include that he may still receive a prison sentence even if declared a Youthful Offender and that if YO is not granted the minimum term is 3 1/2 years.  We corrected the first name for Terry Toote. While Mr. Hinman said that Mr. Toote was stabbed twice, Mr. Friedman says he was only stabbed once. On two occasions, Mr. Hinman has referred to Mr. Toote and Mr. Blackshear's uncle, Mr. Friedman said he doesn't believe that's accurate.

Previously:

Stafford man allegedly fought with police outside Tops in Le Roy

By Howard B. Owens
      Todd Englerth        Philip Serverino

A Stafford man was arrested Tuesday after allegedly struggling with a Le Roy police officer and leading him on a chase behind the Tops Market at 128 W. Main St., Le Roy.

Todd M. Englerth, 46, criminal possession of a weapon, 3rd, criminal possession of a control substance, 7th, obstructing governmental administration, 2nd, assault 3rd, and resisting arrest.

The incident began at 1:50 p.m. when the police officer spotted a white Ford pickup parked in the fire lane, a no parking zone, in front of the store.

Englerth was reportedly sitting in the passenger seat when the officer approached. The passenger told the officer that the driver, whom he identified as Phillip J. Severino, of Corfu, was in the store. 

According to the officer, during the interview, he observed brass knuckles in the armrest of the pickup in plain view.

When Severino came out of the store, the officer interviewed both Severino and Englehart in an attempt to determine who owned the brass knuckles.

During the investigation, the officer discovered Severino was allegedly in possession of a loaded handgun. Severino was detained and placed in the officer's patrol car.

The officer then attempted to detain Englerth, who allegedly refused to comply with the officer's verbal commands and then physically resisted.

The officer informed Englerth he was under arrest and Englerth allegedly continued to resist.

Multiple citizens attempted to assist the officer in restraining Englerth, according to Le Roy PD's report on the incident. 

Englerth reportedly broke free and ran.

The officer gave chase and he shot his taser at Englerth but with no effect.

Englerth reportedly ran into the woods behind the store. There was another struggle and the officer deployed his taser again, this time with effect.

Englerth was taken into custody as a result.

During the investigation, Englerth was allegedly found in possession of cocaine. 

The DEC's K-9 assisted in the investigation.

Severino and Englerth were arraigned in Le Roy Town Court and released under supervision of Genesee Justice.

Severino, 42, was charged with criminal possession of a weapon, 3rd.

Le Roy PD was assisted by the Sherif's Office and State Police.

Le Roy PD also thanked the citizens who attempted to assist at the scene.

Batavia undone by key injury and great opposing QB in state championship game

By Howard B. Owens

What if Ethan Biscaro wasn't injured in the first quarter Saturday of Batavia's Class B state championship football game at the Carrier Dome?

Could Batavia have maintained its early lead, its early momentum, and held off Joseph Girard and the Glens Falls Indians, instead of losing 55-32?

We'll never know.

Biscaro's injury certainly isn't the only reason Batavia lost. The Blue Devils made their mistakes and missed their opportunities but, truth be told, Girard is one heck of a quarterback.

To whatever degree last week's game against Skaneateles and their athletic QB Patrick Hackler prepared the Blue Devils to face an athletic, strong-armed QB, it wasn't enough. Hackler was good but he wasn't Joseph Girard III good.

Experienced sportswriters in the press box were raving about Girard by the fourth quarter, the best high school quarterback they've ever seen, some of them said.

Girard showed arm strength, touch, accuracy, and savvy on the field, as well as strength and quickness that enabled to him to turn what looked like sacks for lost yards into gains, into first downs, and even into touchdowns. 

For example, with Batavia leading 14-0 in the second quarter, Girard, from Batavia's 19-yard line, tries a keeper to his right and finds the path cutoff and he appears pinned in a corner near the sideline but he swings out wide into his own backfield and starts running toward the far side with Cam White in pursuit. Just as it appears White would snag his jersey, somehow Girard steps ahead of him and now has the entire defense beat on the far side of the field. He scores to give Glen Falls its first six points.

"He is a great football player, obviously a division one athlete," said Batavia Coach Brennan Briggs. "We had our opportunities, I think, and you know, he was very difficult to get a hold of. We simulated all we can in practice but at the end of the day, you have got to come up your make plays."

While officially, Girard gained only 15 yards on the ground on 15 carries, with two TDs, he was 10-18 passing for 314 yards and two TDs on passes.

All this and it was still a big game for Ray Leach, who for the third game in a row gained more than 400 yards, this time picking up 410 yards on 30 carries. He scored three touchdowns and he was clearly exhausted in the second half and playing on sheer determination.

"He's just a tough kid, he loves football," Briggs said. "He wanted to be out here so he did whatever it took to be out here."

With 1,645 yards over the final four games, Leach ends the year with 2,826 rushing yards, breaking the season Section V record of Hornell's Austin Dwyer, 2,826 yards, set in 2009.

A former Blue Devil who played for Batavia last year when the team opened the season in the Carrier Dome said a factor in that game was the heat on the field. As the game wears on the Dome warms up.

Ironically, the Carrier Dome is not air-conditioned.

Leach said he and his teammates were feeling the heat.

"The temperature was a little different than we've been playing and we had to get used to the heat," Leach said. "It's definitely a big adjustment. We're a little tired. I just had to rely on my line and keep on the ball hard."

Leach could be seen at one point in the third quarter with his hands on his knees. The sign of a winded athlete. Still, Leach went on to break off a couple of long runs in the second half, including an 80-yard touchdown run that avoided contact with every Glens Falls player on the field.

The turning point, if there was one, may have been Biscaro's injury. Batavia went on to score on that drive, thanks to a 46-yard pass from Leach to Taiyo Iburi-Bethel on the first play after Biscaro left the field. But that didn't reveal how unsettled the offense would become without Biscaro.

That score gave Batavia a 14-0 lead but it was clear how much things changed on the next Blue Devils' possession, which began with a successful onside kick. The play calling was slow and a combination of Leach and Alex Rood in the backfield lacked the tempo and organization of a Biscaro-led offense.

The Blue Devils were unable to convert that opportunity into points on the board and with Glens Falls scoring on its next possession, momentum seems to have shifted in the Indians favor.

Briggs said losing Biscaro hurt on both sides of the ball.

"He's a huge part of our offense and our defense so there's no question about it, that hurt a lot but, hey, I'm the football coach and you've got to figure out how to get it done and I didn't do that."

Biscaro did take the field to start the second half but Batavia was still unable to get back in rhythm, and after taking another hit that sent him to the turf in pain, Biscaro was once again lifted from the game.

Briggs tried a few different looks with the offense with Biscaro out -- Leach along in the backfield, Leach at QB with Rood at running back, Rood taking the snaps, along with reverses, flea-flickers, end-arounds, and the offense wasn't able to execute consistently.

One of Batavia's touchdowns in the fourth quarter came after a pass to Andrew Francis bounced off his hands, into the air and toward the end zone. Iburi-Bethel grabbed the pop-up fly, turn, ran and scored.

That and Leach's 80-yard run where among the few bright spots for the Batavia offense without Biscaro.

Briggs blamed himself, not the dropped passes, the fumbled snaps, the miscommunication on the field.

"We ran a lot of wildcat stuff with Ray but obviously everybody's keying on him," Briggs said. "He's not a pure passer back there so we tried to do a few different things. But you know, it didn't totally work out but again we've got to get some stops and you know maybe I should have been a little better prepared for that."

Iburi-Bethel finished with four catches for 82 yards and a TD. Leach had one reception for a 28-yard TD. Biscaro was 5-6 passing for 70 yards and TD.

Besides Girard's heroics for Glens Falls, Trent Girard, one of six Girard cousins in the game, caught seven passes for 183 yards and a TD. David Barclay had two catches for 93 yards and a TD. Aalijah Sampson carried the ball 23 times for 135 yards and four touchdowns.

Batavia had 538 yards and 25:37 time of possession while Glens Falls had 464 total yards and 19:25 time of possession.

For Batavia, Cam White, Joseph Martinucci and Alex Rood all recorded sacks.

Joshua Barber had eight tackles. 

Photos by Jim Burns.

 

For more pictures, click here.

Live Blog: Batavia Blue Devils playing for Class B state championship at the Carrier Dome

By Howard B. Owens

We're just a couple of minutes from kickoff at the Carrier Dome in the Class B state championship game between the Batavia Blue Devils and the Glens Falls Indians.

We spoke with a former Batavia player before the game who played in last season's opener at the Carrier Dome and he said on that September day it got hot inside the dome. Something to watch for this game -- whether the colder November weather helps keep it cooler in here or if it gets hot and then the effect that has on players. Ironically, the Carrier Dome is not air-conditioned. 

Other keys: Can the Blue Devils keep Indians QB Joseph Girard III in the pocket? And if they can, pressure him while the secondary maintains coverage? Turnovers good be key in a potentially high-scoring game.  

On the Batavia side, it's likely all about Ray Leach, who has gained more than 1,200 yards and scored 22 touchdowns in the last three games. Even if Glens Falls slows Leach, Batavia still has weapons in Ethan Biscaro, Alex Rood and Taiyo Iburi-Bethel.

It looks like Batavia comes into the game with the bigger line on offense and defense.

Check back shortly for updates or tune in to WBTA for the broadcast or WBTAi.com for the live stream.

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Opening kickoff to Batavia is out of the back of the end zone. Batavia starts on the 20-yard line. Leach on the first play, six-yard gain. Leach gets the first down on the next play. On the third play, Leach turns the corner and carries the ball to the Indians 23-yard line, with the last 15 yards gained coming while dragging defenders with him. Leach gains just two on his next carry. Holding penalty. First and 20. Pass to Taiyo Iburi-Bethal for a five-yard game. Leach out wide, pass from Biscaro, he gains 10 before an Indian defender grabs his jersey. Leach drags him five yards and then breaks the tackle. Leach breaks two more tackles and scores. Extra point missed. 6-0 Batavia.

Batavia kickoff out of bounds. Glens Falls starts on its 35. Joseph Girard passes on the first play. Dropped by Trent Girard on the far side. Joseph Girard barely backs it to the line of scrimmage after being held in the pocket and trying to run up the middle. Girard sweeps right and on the run heaves the ball far downfield and the pass is incomplete. Andrew Francis with good coverage. Glens Falls punts. No return.

Batavia starts on its own 26. Leach up the middle on the first play. Two-yard gain. Leach has nowhere to go on the second-down play. He barely makes it back to the line of scrimmage. Biscaro on a long pass to Iburi-Bethel. Complete at the 50-yard line. Iburi-Bethel on an end of round, nine-yard gain. Biscaro from shotgun, fakes a pass to a wideout and then darts up the middle for a three-yard game. First down. Biscaro from the shotgun sacked on a blitz. Second and 16. Biscaro on a keeper, collapses before he reaches the line, untouched and is on the field being tended to by a trainer.

Biscaro limps off the field. He was holding his knee. Third and 17. Leach takes over at QB. Snap to Leach and Leach heaves a high-arching pass intended for Andrew Francis, bounces off his hands and Iburi-Bethel picks the ball out of the air and streaks into the end zone. Touchdown. Leach scores on the two-point conversion. 14-0 Batavia.

Batavia recovers an onside kick at the Glens Falls' 45 yard line. Leach starts at QB and runs off the snap for a three-yard game. Timeout Batavia with 2:47 left in the quarter.

Leach at QB, and he hands the ball to Rood, who gains three yards. Leach back at QB. He drops the snap, recovers, breaks a tackle and sweeps to the nearside and gets back to the line of scrimmage. Fourth and 4. Leach on direct snap, sweeps right and gets six yards. Empty backfield, snap to Leach, runs left and gains three. Clock under 20 seconds, direct snap to Leach who tries running to his right and is tripped up in the backfield and flags fly. Holding on Batavia, 10-yard penalty. That's how the quarter ends. 14-0 Batavia.

Second and 19 for Batavia to start the second quarter. Leach takes the snap, long pass intercepted by Girard and he's tackled on the seven-yard line. Girard misses a pass two passes and then scrambling, nearly sacked in the end zone, on the run throws a long pass to Davi Barclay, complete at Batavia's 33-yard line. Handoff to Aalijah Sampson runs left and carries the ball to the 19-yard line for a first down. Sampson gets handoff again, carries the ball to the four-yard line. First and goal. Girard fakes the handoff and tries to run off tackle and stopped at the line of scrimmage. Batavia's defense again blocks up the middle of the line and Sampson stopped for a one-yard loss. Third down. Sampson rolls out to his right and is pursued. Cam White is on his tail and he reverses direction and as White reaches for him he seems to just take an extra step and eludes White, runs to far sideline, down the line, and into the end zone. Touchdown The extra point is blocked by Andrew Francis. 14-6, Batavia still leads.

Kick to Leach on the five-yard line. He returns it to Batavia's 27. Rood is QB on the first possession. Hands off to Leach for a two-yard gain. Incomplete pass from Rood. Intended for Iburi-Bethel. Rood takes the snap, drops back and feigns pass and then decides to run. Two-yard gain. Batavia will punt on 4th and 7. No return. Glens Falls takes over on its 29.

First and 10, Sampson on the carry for four yards. Girard hits Trent Girard the Indians have first and 10 at the 48-yard line. Girard with a completion to Sampson, nine-yard gain. Girard with plenty of time in the pocket, long pass intended for David Barclay but it falls beyond his diving reach. Girard rolls out, forced to turn back toward the right side and is tackled from behind for a loss by Josh Barber of a yard. Fourth and one. Timeout. There is 5:20 left in the half. Girard has to scramble and his pursued through the backfield, he runs right, gets the first down and cuts back to the middle past nearly every Batavia defender. Before he reaches the end zone with a Batavia player close, he dives and looks like he gets the ball over the line but a ref 15 yards away rules him down at the one-yard line. Sampson scores on the next play and then runs the ball in for the two-point conversion. 14-14.

There is 4:55 left in the half. The kickoff goes out the back of the end zone. Batavia's ball on its own 20. Leach drops the handoff and recovers his own fumble on the 17-yard line. Second and 13. Leach up the middle, finds a hole, cuts to his left, gets a good block and finds open field. He stumbles and recovers, three Indians pursuing him, he heads toward the sideline and outruns a lone defender for a score. That's an 83-yard TD run. Timeout before the extra point. Leach on the carry for a two-point try and he's stuffed at the line. 20-14, Batavia leads.

Batavia again tries an onside kick. The Indians get first and 10 from their own 49-yard line. Girard with a pass to Sampson, complete. Leach tries to shove him out of bounds but he stays on his feet and finds some space. He's tackled at about the 10-yard line. Sampson with the carry to the three-yard line. Sampson with the ball again and sweeps to the left, tackled at the one-yard line. Sampson up the middle for the score. Extra point is good for a 21-20 lead for the Indians. The first time all season Batavia has trailed.

According to our photographer on the sideline, Jim Burns, Ethan Biscaro is being taken by his parents for medical treatment. He's out for the remainder of the game.

Batavia takes over on the 20. Leach breaks free for again to the 38-yard line. Leach with the next carry for a five-yard gain. 2:06 left. Batavia has no timeouts left. On a flea-flicker, Leach throws down to the 20, intended for Iburi-Biscaro, incomplete. Leach with the carry. No gain. Flag on the play. Illegal formation declined. Fourth and three, Batavia will punt. Line-drive punt with a favorable Batavia punt. A 47-yard punt, ball down on the five-yard line.

Sampson on the carry from the five, three-yard gain. Girard is sacked, bringing up third and 17 but Glens Falls lets the clock run out on the half.

The half ends with Glens Falls leading 21-20.

During half-time, Ethan Biscaro was warming up. Apparently, in consultation with his parents, the decision has been made to let him play in the second half.

Batavia's kickoff to start the second half goes to Girard at the 20 who brings it back to the Indians 38, first and 10. Movement by Batavia on the line. Flag. Five-yard penalty. First and five. Girard drops back to pass and seems to have plenty of time to pass and then faces pressure and heads toward the far side and steps out of bounds for a short game. Pass for a first down, ball on the Indians 48. Girard rolls out and throws across the middle of the field to Trent Girard, complete to Batavia's 30. Sampson tripped up in the backfield by Batavia, second and 13. Girard drops deep, scrambles and just before reaching the line, throws a bullet at the knees of a receiver who drops it. Girard begins in the shotgun, scrambles, long pass to the far side, pass broken up by Iburi-Bethel. Fourth and 13. Girard's pass into the end zone, complete for a touchdown to Barclay. Francis wants an offense pass interference flag but doesn't get it. Extra point good. 28-20, Glens Falls.

Batavia starts on its own 20. Biscaro is at QB. Handoff to Leach, five-yard gain. Leach stopped at the line. Pass wide to Iburi-Bethel on the nearside, gain to the 33, making it first and 10. Leach up the middle, five-yard gain. Leach bottled up at the line, but gets two yards before being pushed back. Biscaro has Iburi-Bethel wide open down the middle with a pass to the 35 but Iburi-Bethel drops the pass. Batavia in punt formation. High deep punt by Francis. Glens Falls gets the ball on their own 21.

First play, Sampson dropped for a loss. Girard with a bullet to Trent Girard at the first-down marker on the far side. First down. Girard sacked by Iburi-Bethel. Two-yard loss. Girard on the run finds Trent Girard wide open on the 30. Rood makes a shoe-string tackle on the seven-yard line to save a touchdown. Sampson up the middle. Batavia claims a fumble but doesn't get the call. Ball on the two. Sampson again dropped for a loss. Ball on the three. Third and goal with 4:01 left in the third. Girard rolls right with two defenders in pursuit, on the two-yard line, they lunge at him and he sidesteps the tackle attempt and scores. Extra point is good. 35-20. 

Iburi-Bethel with the return. Batavia's ball on the 33-yard line, first and 10. Leach with the carry, out to the 39. Leach breaks two tackles on the way to the Indian's 42-yard line. First and 10. Leach with the ball, picks his way to the 29. First and 10. Leach off the left side, gain of three. Leach looking tired. A blitzer gets past him and sacks Biscaro, there is a fumble but Biscaro recovers. Biscaro passes to Zack Anderson back to the original line of scrimmage. Fourth and 10. Biscaro sacked. He drops the ball. The fumble is recovered by a Batavia lineman and Biscaro is again down on the turf but limps off the field. Glens Falls takes over on downs on their own 37.

Indians call timeout after lining up in formation. Five seconds left in the third quarter.

Trent Girard with a reception for a first down.

End of the third, 35-20, Glens Falls over Batavia.

Girard loses three on a keeper. On the next play, Girard again eludes the rush but his pass falls incomplete. Girard finds Trent Girard 10-yards out, who is wide open and with no defenders behind, touchdown. Extra point is good. 42-20.

OBSERVATION: Girard is a much better QB than what Batavia saw in Patrick Hackler last week, and Hackler is very good. Girard has a better touch, can also throw bullets, throw down the field on the run without under-throwing his targets, and is very hard to contain or catch in the backfield.

On first and 10 at the 15, direct snap to Leach, who eludes all tackles and carries the ball to the 50 before stepping out of bounds. Leach on the next carry, three-yard gain. Iburi-Bethel on the end-around, big gain out to the 30. Leach, direct snap, hands it off to Iburi-Bethel who breaks a tackle in the backfield and gains a couple of yards. Leach on direct snap runs to the outside and gets enough yardage for the first down but flag on the field. Holding on Batavia. Rood in the shotgun, pump fakes, looks downfield. Iburi-Bethel is wide open. The pass is on the numbers. He drops the ball. Third and 12 with 8:47 to go. Rood swings right, pursued by Terrell Bonner-Welch who hits him from behind. Rood lost the ball but he appears to have been down. There is a penalty against Batavia. 4th and 19. Rood drops back, in the grasp of a defender, he spins and tosses the ball down the middle of the field and finds Daemon Konieczny but well short of a first down. Glens Falls takes over on downs at their own 42.

Girard is sacked for an 11-yard loss. Girard sacked again, ball now on the 21. Glens Falls will punt.

With 6:12 left, down 42-20, Batavia starts on its own 43. Leach runs left, picks up about 10 where he breaks a tackle, and he changes direction heading toward the far sideline, picks up a couple of blockers and steps out of bounds at the 21. Leach with the ball, heads to his left and finds nothing but open field to the end zone. Touchdown. Two-point try fails, 42-26 Glens Falls.

Batavia tries an onside kick but a whistle blows at the line of scrimmage. Illegal motion. Batavia will kick again from the 35. The kick fails to travel 10 yards before going out of bounds at the 40. Five-yard penalty on Batavia, first and 10 from Batavia's 35. 

Sampson with the carry for four yards. Sampson with a 25-yard carry but a flag on the play. Block below the waist, 10-yard penalty on the Indians. Sampson again, big gain, to the 22. First down. Great backfield tackle on Sampson sweeping to the left, loss of two. Sampson breaks a tackle and finds some space but Iburi-Bethel catches him and comes over his back, hanging on, trying to strip the ball, and Sampson shakes him off and scores. Extra point is no good, 48-26 Glens Falls.

Time left, 3:44.

Rood at QB, hands off to Leach, sweeping left and a five-yard gain. Ball on the 25. Batavia tries a tricky play, with snap to Rood, hand off to Leach, pitch to Iburi-Bethel who heaves the ball downfield well beyond any receivers or defenders. Rood scrambles stops, turns to throw just pass the line, and lineman T.J. Guy intercepts giving Glens Falls the ball on Batavia's 16.

Sampson on the sweep to the left. Nobody touches him. Touchdown. Extra point makes it 55-26. There was a late flag on Sampson run, a personal foul that will be enforced on the kickoff.

Glens Falls kicking off from Batavia's 45. The kick skips through the end zone.

First play from the 20, Leach with the ball, untouched through the line, all the way to the end zone for an 80-yard TD. Leach stopped on the two-point try. 55-32, Glens Falls.  

Leach is exhausted.

Penalty on Batavia's kick. Try again from the 35. And another penalty. Encouragement. Ball on the 30. After two failed onside attempts, deep kick to Sampson who bobbles the ball but recovers, and carries the ball to Glens Falls 41-yard line. Sampson with the carry, six-yard game. Sampson with a first-down carry. Sampson, no gain. Less than a minute to play. Time will expire with Glens Falls up 55-32.

Here's the hardware they're playing for.

Local Salvation Army in desperate need of freezer space to store turkeys for Christmas dinner for the needy

By Billie Owens

As many know The Salvation Army is quite busy this time of the year preparing for Christmas. This year we expect to help approximately 300 families here in Genesee County. This will include food for Christmas dinner.

We work hard to be able to give each family a turkey. In years passed Holiday Ice has generously provided freezer space to store the turkeys as we collect them between Thanksgiving and our distribution date just before Christmas.

We were just informed that this option is not available to us this year. We desperately need to find someplace to store frozen turkeys this season.

Our onsite freezers are near capacity. Is there perhaps a restaurant or other facility that could help us with this dire need?

Todd L. Rapp
Office Manager
Director Emergency Disaster Services 
The Salvation Army 
Batavia, NY 14020
585-343-6284 (office)
585-734-8145 (cellular)

Law and Order: Alexander woman accused of driving while ability impaired by drugs

By Billie Owens

Julie Marie Neale, 37, of Alexander Road, Alexander, is charged with: driving while ability impaired by drugs; driver's view obstructed, uninspected motor vehicle, and failure to keep right. At 2:20 p.m. on Nov. 16, Neale was stopped on Oak Street in the City of Batavia following the observation of vehicle and traffic violations. Upon investigation, it was determined that Neale was allegedly operating her vehicle while her ability to do so was impaired by drugs. She was processed at the jail and released on appearance tickets and is due in Batavia City Court on Nov. 27. The case was handled by Genesee County Sheriff's Deputy Ryan DeLong.

Dave W. Case, 60, of Corfu, was arrested Nov. 20 and charged with unlawful possession of marijuana, consumption of alcohol in a motor vehicle, inadequate headlamps, and unsafe tires. He was arrested on Route 354 at Burrough Road in the Town of Bennington by Wyoming County Sheriff's Sgt. Colin Reagan following a traffic stop because a headlight was out. He was released to a family member and is due in Town of Bennington Court on Dec.17 to answer the charges.

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