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       Jaequele Tomlin

A trial date has been set for two men accused of running a scam on Craigslist, but there may also be a plea deal in the works for one or both of the suspects.

Jaequele M. Tomlin, 23, of Central Avenue, Batavia, and Quamane J. Santiago, 19, of Main Road, Stafford, appeared in County Court today on what was scheduled to be their plea cutoff date but with the agreement of District Attorney Lawrence Friedman and Judge Charles Zambito the plea cutoff date was extended to Nov. 19.

Tomlin's attorney, Arthur A. Duncan, said he needed more time in light of a decision on a motion handed down by Zambito.

The nature of the motion or the content of Zambito's decision was not discussed in open court.

Tomlin and Santiago are charged with conspiracy in the fourth degree.

They are accused of posting car-for-sale ads on Craigslist with the intent of robbing anybody who showed up to buy the car.

At the time of their arrest, they were allegedly found in possession of fake guns.

Tomlin faces an additional charge of criminal possession of a weapon, 3rd, for allegedly possessing a blunt-force weapon with the intention to use it against a person.

Fred Rarick, attorney for Santiago, did not indicate whether his client is considering a plea offer but Rarick agreed to the extension of the plea-cutoff date.

If no plea agreement is reached in either case, jury selection for a trial is scheduled for March 25.

"The snow should have melted by then," Zambito joked.

One of the two men arrested in connection to thefts from local liquor stores, where one man would distract the store clerk and another would enter the back room to steal cash or credit cards, admitted to his crimes today in front of County Court Judge Charles Zambito.

Edward F. Perdue, 57, walked into court dressed in a tan state prison jumpsuit with his hands and feet shackled. He seemed confused and wandered in front of the defense table at which point a state prison guard, one of his escorts, pointed to a chair on the other side of the table and told him where to sit.

Perdue was soft-spoken throughout the hearing and when Zambito asked him how he was feeling, he said, "a little depressed and down."

When Zambito asked him if he understood the proceedings, Perdue fought back tears before saying he did.

Perdue, who said he was born in Rochester, is already being held at the Mohawk Correctional Facility since his conviction in April in Monroe County on counts of third-degree burglary, criminal possession of stolen property, 4th, grand larceny, 3rd, and grand larceny, 4th. He was sentenced to three and a half to seven years in prison.

With his guilty plea today to grand larceny, 4th, for the theft of a credit card, the maximum term is two to four years.  

A year ago, Perdue participated with another suspect in a burglary of Plaza Spirits and Mr. Wine and Liquor. A cash box was stolen from the backroom of Plaza Spirts and a credit card was stolen from a purse at Mr. Wine and Liquor.

At one point, when Zambito was questioning about him about his status as a second felony offender, Perdue got a little more animated and exclaimed that he didn't steal $500 cash from Mr. Wine and Liquor.

Perdue's accomplice, Willie Dozier, previously entered a guilty plea to grand larceny, 3rd, as a second felony offender. He was sentenced in September to two to four years in state prison, to run concurrent with his sentence in Monroe County on charges stemming from similar crimes. Dozier was also ordered to pay restitution of $672.

Jennifer K. Urvizu-Hanlon

Whether certain statements Jennifer K. Urvizu-Hanlon made while in custody May 18, during the police investigation into a homicide and shooting the day before on Central Avenue in the city, can be used against her in court will be decided by Judge Charles Zambito by Jan. 4.

Urvizu-Hanlon appeared in court today for a hearing on the admissibility of those statements, called a Huntley Hearing (or a suppression hearing), and her attorney tried to use his time in court to also press for statements and notes from police that he believes his client has been wrongfully denied as he prepares to take her case to trial.

Whether Hanlon's statements can be used may come down to how Zambito views, within the scope of prior case law, two things Hanlon said during her interview with Det. Thad Mart, Batavia PD, that may indicate she had doubts about talking with police.

During the interview, she apparently said, "If I'm guilty of something I should have somebody here, I guess," and "I guess I should have somebody here" followed by "I don't have a lawyer."

A short time later she specifically asked for an attorney, at which point Mart terminated the interview and, apparently with enough evidence at that point, placed her under arrest.

Urvizu-Hanlon, the former owner of La Mexicana store on East Main Street in Batavia, is charged with criminal liability for conduct of another/criminal possession of a weapon, 2nd. She is accused of giving a handgun, which she was permitted to carry, to Samuel R. Blackshear, a 17-year-old accused of shooting Nathaniel D. Wilson Jr., who murdered Terry J. Toote with a knife on Central Avenue on May 17.

In a discussion after the hearing, with a reporter present, between defense attorney Christian Kennedy and First Assistant District Attorney Melissa Cianfrini, Kennedy said he doesn't dispute that the statements were equivocal.

Prior case law makes it clear, and Kennedy said he knew he would lose a motion on this point, because saying "I guess" or "maybe" is equivocal, whereas a statement like, "I want to speak to an attorney," or even, "I want to speak to my dad," or "I want to speak to my friend" is unequivocal and any statements made after that point to police might not be admissible at trial.

Kennedy said he will base his written motion, to be filed later, on other grounds but did not disclose what his argument will be.

Det. Kevin Czora testified today followed by Det. Mart.

Czora said police obtained a warrant to search Urvizu-Hanlon's car as part of their investigation into the crimes on Central Avenue and that her car was located and stopped in the parking lot of Valu Plaza at about 2:25 p.m., May 18. 

Urvizu-Hanlon was taken into custody for questioning and placed in the back of a police cruiser. At that point, she volunteered to an officer that there was a handgun in her car, as well as ammunition and that the gun was either on the passenger side next to the center console or in the trunk in a bag.

Czora then read her Miranda warnings (the right to an attorney, to remain silent, etc.) and she waived her rights. He then questioned her about the gun and its location.

At that point, Urvizu-Hanlon was transported to the police station where Mart questioned her.

The interview was videotaped and a DVD of that interview was placed into evidence.

Mart said Urvizu-Hanlon acknowledged that she had been read her rights and had waived those rights, agreeing to speak with him.

He said the interview started at 2:45 p.m. and terminated at 3:04 p.m. when she asked for an attorney.  

The substance of the interview, other than her two statements about maybe she should talk with somebody, was not discussed during today's hearing.

When Kennedy questioned both Czora and Mart, he tried to ask questions about their involvement in the investigation on May 17 but Cianfrini objected to that being outside the scope of a Huntley Hearing and Zambito sustained the objection.

Kennedy said he had been denied "Rosario material," which refers to material in possession of the prosecution that may have a bearing on the case.  

Zambito said Kennedy was entitled to Rosario material relevant to the Huntley Hearing (no such material was in dispute today) but statements, documents, and notes, won't become subject of a Rosario motion until trial, if there is a trial.

In 18 years of practicing law in other courts, Kennedy said, he had never been denied this material at this stage. This is a long-standing common complaint of defense attorneys in criminal cases in Genesee County Court.

The Batavian reported in September that Kennedy may be preparing a justification defense based on the idea that Blackshear and Hanlon had just witnessed Wilson murder Toote. Zambito has apparently issued a ruling limiting Kennedy's ability to use this defense. But based on today's discussion, Kennedy will present another motion and try to make the point that there is no case law that addresses this particular situation -- where the gun used was licensed and legally carried by the person who handed it over to a third party who used it.

As for the Huntley Hearing, there will be an additional written motion and argument filed by Kennedy and an opportunity for the people to answer. Zambito must also view the video of the interview. The case was put on the calendar for Jan. 4 with a written ruling from Zambito expected before that appearance.

Julia A. Hawley, 41, of Coward Road, Byron, is charged with operating a motor vehicle while ability impaired by drugs, failure to keep right, and moving from lane unsafely. Shortly after midnight on Wednesday Nov. 8, the Genesee County Emergency Dispatch Center received a call about a single-vehicle accident with injuries on Batavia-Elba Town Line Road. Investigation by the Genesee County Sheriff's Office determined Hawley was the sole occupent of the Chevrolet Silverado that left the roadway, striking a tree stump. Hawley was transported to Strong Memorial Hospital by Mercy Flight. She was allegedly impaired by drugs at the time of the accident and arrested. She was also issued citations. The accident was investigated by Deputy Andrew Mullen, assisted by Deputy Jenna Ferrando. Elba Fire Department also Mercy EMS assisted at the scene. (For previous coverage, click here.)

Shante C. Johnson, 21, of Holland Avenue, Batavia, is charged with grand larceny in the fourth degree. A complaint of a wallet and credit card stolen in September was reported to the Le Roy Police Department and investigated. Johnson was arrested on Nov. 6 and issued an appearance ticket to be in Le Roy Town Court on Dec. 3. It is alleged that Johnson stole the wallet from a fellow employee while working in the Village of Le Roy and then attempted to use a credit card from the wallet in the City of Batavia.

Miguel Hernandez-Gonzalez, 35, of East Road, Bethany, is charged with driving while intoxicated, DWI with a BAC of .08 percent or higher, and unsafe backing. Hernandez-Gonzalez was arrested following a motor-vehicle accident on East Road in Bethany at 4:42 a.m. on Nov. 3. The defendant was issued an appearance ticket and is due in Bethany Town Court on Dec. 27. The case was handled by Genesee County Sheriff's Deputy Mathew Clor, assisted by Deputy Andrew Mullen.

There are multiple storylines coming out of Tuesday's midterm election:

• The Democrats take control of the House but not the 27th Congressional District, though that race isn't technically over;
• Local Libertarians are celebrating the more than 90,000 votes garnered by Larry Sharpe, giving the Libertarian Party for the first time the same level of ballot access as Republicans and Democrats;
• Voters approved staggered, four-year terms for county legislators;
• National, state and local voter turnout, traditionally low in midterm elections, that match or exceed presidential year elections;
• Democrats gain full control of state government after picking up enough seats in the State Senate to now hold the majority in the upper chamber.

The last point is perhaps the most troubling to Assemblyman Steve Hawley who has both seen firsthand what happens when Democrats control the Senate and the "crazy stuff" of Assembly Democrats that has been kept in check, as he put it, by a Republican majority in the State Senate.

"The last time that it flipped to Downstate, I referred to it, we saw what happened," Hawley said. "They were in control for two years. Many of them have already served jail time. Many have been convicted and are going to be serving jail time. It was complete free fall from any sense of reality (with the) programs and bills that were passed in the Assembly that were heretofore blocked by the Senate. I really shudder to think what will happen with some of the crazy stuff that comes out of the Assembly."

As we reported previously, former NYS Farm Bureau President and Elba resident Dean Norton warned local farmers what to expect if the Democrats gained control of the State Senate: A higher minimum wage, a farm labor bill, more regulations, cuts in rural government and school funding.

As the election approached, Lt. Gov. Kathy Hochul, who previously represented Genesee County in Congress before losing to Collins in 2012, held an opposite view, according to her personal account Twitter feed. Example:

Joined great Democratic candidates in #Rensselaer who are fired up to continue our progressive agenda.

We will take back the @NYSenate and have @AaronGladd join us in the majority! We must fight back against Trump and stand together to push New York forward. pic.twitter.com/ebmfjf7IJS

— Kathy Hochul (@KathyHochul) November 2, 2018

McMurray Concedes Race, Then Demands Recount

Expectations of Democratic gains in the State Senate or congressional House didn't do much to boost spirits at Center Street Smoke House last night, where local Democrats had gathered, once Nate McMurray appeared on TV for a concession speech when results weren't looking good for his effort to unseat indicted incumbent Chris Collins.

McMurray had energized WNY Democrats in a way that perhaps even Hochul didn't do in 2011. The disappointment at McMurray's apparent loss was palpable.

"He ran (his campaign) from the grassroots," said Michael Plitt, chairman of the County Democratic Party. "I mean, you know, the state party and national party didn't invest much in the race at the beginning. He just worked and worked and worked and he got a lot of people interested that weren't in mainstream politics before.

"You look here in Genesee County, we had 37 people canvassing last Saturday -- in Genesee County. They were all encouraged by the message he had -- positivity and just getting things done. I think there was a lot of energy."

McMurray didn't waver in his high energy and encouragement to his volunteers even during his concession speech.

"We did something great," McMurray said. "It never shameful when you fight a righteous fight and that's what you did. I said in the beginning that we're going to break the machine, right? We're going to break the machine. Sometimes when you take on those big tasks, trying to break the machine, it doesn't break. You put a dent in it but if you keep whacking, eventually it's going to break." (Audio for McMurray's quotes courtesy our news partner, 13WHAM.)

McMurray expressed disappointment that Collins -- facing federal charges and a House Ethics Committee investigation, who avoided the public and the press during his campaign, who attacked McMurray and his family with dishonest television ads -- could possibly win in Western New York but he vowed to fight on.

"Come on, we're going to be all right," McMurray said, adding, "Remember Rocky one? Rocky didn't win. He looked like I do right now, all beat up, his face looked like hamburger. He lost. Well, remember there was Rocky two?"

At that point in the post-election night wind down, nobody expected "Rocky two" to come so quickly. Within hours, McMurray realized the vote count was going to be a lot tighter than he anticipated and so he announced that he would demand a recount.

Collins' 'Winning Strategy' -- Avoid the Press and the Public

While Collins mostly avoided the press after jumping back into the race four weeks ago (at one point he announced his withdrawal following his arrest on Aug. 8), the Clarence resident was pursued by Erie County reporters on Tuesday night and did answer some questions, at one point admitting it was his strategy to avoid taking questions from reporters or the public in debates or open meetings.

"I set a strategy, I think you'll see tonight that my strategy worked perfectly, it's about winning," Collins said. "Clearly, the media is not part of our strategy."

Plitt called the strategy "atrocious."

"Candidates should be available," Plitt said. "You know, we're here at a Democratic event. Anyone can walk in and talk. Nate was in Genesee County several times at events open to the public. It's imperative at any level of office, from town boards to Congress, that (officials) are accountable to the press and communicate with the public."

Hawley was less ruffled by the strategy.

"We'll see what happens if Collins wins," Hawley said (we spoke before the results were certain). "We'll see whether he becomes more involved in the process, whether it's attending town hall meetings, whether it's attending events. I ran into him two or three times recently at different events, so it looked to me as though toward the end of this race that he was becoming more visible and I would certainly encourage him to do that."

Libertarian Sharpe Surpasses Critical Vote Threshold

Local Libertarians were far more focused on the governor's race than the congressional race, not because they thought their candidate Larry Sharpe had any chance of winning but because Sharpe surpassing the 50,000 vote threshold was critical to the party's gaining ballot access in state and local races that is on par with Democrats and Republicans.

"This has been a goal since 1971," said Mark Potwora, chairman of the Genesee County Libertarian Party. "Now when we run our candidates it'll take fewer signatures and hopefully we will attract more people who will want to run. We want to be able to get into the county legislative races and more local races. It's a big thing. It's just a big step for the Libertarian Party."

The recruitment effort for more local candidates has begun and there's enough interest, Potwora said, that people have been contacting the party about running in races. The goal is to have fewer one-candidate elections.

"We've already had a lot of discussion with people that are ready to go," Potwora said. "We have members now from Le Roy. We're hoping that we can reach into Le Roy. It's all about more candidates. Our next step is outreach and getting more candidates because these ballots should not go with unopposed races. There should be no unopposed races."

County Voters Pass Long-sought Term Reform

There was a high turnout in Genesee County and whether the high turnout helped county legislators finally get passed a reform they've sought for years -- creating staggered, four-year terms -- is impossible to say, but at Ken's Charcoal Pits & Bar-B-Q last night, where a few Republicans gathered to watch the results of the election come in, the legislators who where there were grateful it passed.

"On behalf of my fellow legislators, I would like to extend our appreciation to the voters of Genesee County for their support of the proposal to change the terms for county legislators," said Chairman Robert Bausch. "We believed that it was very much warranted considering the issues the county faces and are pleased that the county voters listened to that message and supported the proposal. We also want to extend our appreciation to all those who stepped forwarded and publicly supported this proposal."

In the run-up to the election, starting more than a year ago, there was a lot of talk about a "blue wave" sweeping the nation, a resistance against President Donald Trump, that would lead to Democratic victories across the land. After the Brett Kavanaugh hearings, where Democrats tried to derail his appointment to the Supreme Court, and after Trump's fearmongering about immigration, Republicans started talking about a "red wave," or a "red tide," or a "red wall" (Republicans never did seem to settle on a branding message).

Voters Showed Up

Among both Democrats and Republicans, across the nation, turnout was massive. What was true elsewhere was true in Genesee County.

"People are excited," Plitt said as we watched results come in. "From what I've heard turnout is high, almost at presidential levels, maybe better. People want to go express their opinion."

He didn't fully attribute the high turnout as a reaction to the Trump presidency.

"I think on both sides of the aisle he definitely fans the flame and maybe he brings out both side," Plitt said. "Yeah, I think that's a lot of it but there's a lot of interest in state issues as well."

Hawley thinks it's a good thing that people are getting out to vote, whatever the reason.

"Any time you can invoke people to become participants in our electoral process it's a good thing," Hawley said. "Whether we're divided or not, I'm not really sure that's the case. We'll have to watch the election results across the country to see whether it's divisive or not. Whether it's President Trump and his style, whether it's Governor Cuomo and his style, and whether it's challengers who are perhaps a little less verbal and vocal without regard to what they're saying, that gets people involved, as I say, it's a good thing."

Top Photo: Libertarians at T.F. Brown's.

Democrats at Center Street Smoke House.

Republicans at Ken's Charcoal Pits & Bar-B-Q.

Steve Hawley, Barb Eddy, and Gregg Torrey pose for a selfie.

Gloom and disappointment at Center Street as McMurray delivers a concession speech.

As Nate McMurray appeared on TV just after 11 o'clock tonight, a couple of local Democrats at Center Street Smoke House for election night noticed McMurray didn't look happy.

The room turned glum.

"Don't concede, Nate," one of them said.

That's was what McMurray was about to do.

With 94 percent of the precincts reporting in the New York 27th Congressional District, Rep. Chris Collins held at 2,697 vote lead, a 49.5 to 48.4 percent margin.

In Genesee County, Collins won with 2,837 more votes, 53.8 percent to 39.91 percent, or 10,986 votes to 8,149.

These are unofficial vote totals, not yet certified and do not include absentee ballots.

Reform Party candidate Larry Piegza picked up 598 votes locally, or 2.93 percent, which was fewer votes than the 651 ballot line for the 27th blank.

McMurray did beat Collins in the City of Batavia, 2,219 votes to 1,821.

The NY-27 is a 22-point Republican advantage and McMurray, a Democrat who is town supervisor in Grand Island, still managed to make it a close race, primarily because Collins has spent much of the past year under the cloud of an ethics investigation and was arrested Aug. 8 on federal charges related to alleged insider trading. 

Also in Genesee County, the controversial ballot measure to stagger and extend terms in office members of the County Legislature passed 9,508 votes to 8,981.

In contested races, Barbara Czworka won the Town of Bethany Highway Superintendent election over Michael T. Adams, 440 votes to 289 votes. For Town of Alexander Justice, Mark Anderson beat Nicholas Falcone 775 to 757. (CORRECTION: This was a vote-for-two election. Anderson and Falcone both ran unopposed, not against each other.)

Gov. Andrew Cuomo did not fare well among Genesee County voters, getting only 4,982 votes to 13,397 for Marc Molinaro. Larry Sharpe received 1,201 votes locally. Howie Hawkins got 252 and Stephanie Minor, 188.

UPDATE 12:28 a.m.: McMurray issued the following statement:

"While tonight's results are disheartening, my fight for a better Western New York and a better United States will not end. This is my home, and I believe we deserve better than a Congressman under indictment and out on bail, but I also respect the will of the voters, and they have spoken. This campaign was a part of a movement to fight for the rights and leadership that we deserve as Americans. Tonight’s result is a setback, but we will never give up.”

UPDATE 12:53 a.m.: McMurray just issued a new statement demanding a recount:

"After examining the numbers, the margin is 1 percent and the will of the voters must be heard. We are demanding a recount. Mr. Collins is going to need another set of lawyers.”

We'll have more election coverage sometime tomorrow.

Top photo: Democrats watch Nate McMurray's concession speech at Center Street.

Plush Dozier, 22, of Kelly Street, Rochester, is charged with third-degree criminal mischief and attempted menacing of a police officer. He was arrested on Nov. 5 for an incident that occurred in August in which he allegedly damaged the door in the back of a GC Sheriff's vehicle while he was being transported for a court appearance. He also allegedly attempted to menace a police officer during the same incident. He was arraigned on the new charges in Batavia City Court and is due there again on Nov. 9. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Andrew Mullen.

Justin Williams, 56, Post Avenue, Staten Island, is charged with criminal obstruction of breathing. Williams was arrested following an incident on Main Street in Oakfield at 2:58 a.m. on Nov. 5 in which he allegedly placed his hands around the neck of another person, causing them to be unable to breathe. He was arraigned in Oakfield Town Court and jailed in lieu of $2,500 cash or $5,000 bond. Williams is due back in Oakfield Town Court at 6 p.m. Nov. 5. The case was handled by Genesee County Sheriff's Deputy Mathew Clor.

Lawrence W. Worsley, 38, of Ridge Road, Albion, is charged with third-degree assault. He was arrested after an investigation into a domestic incident which occurred at 1 a.m. on Nov. 2 on Vine Street in the City of Batavia. He was arraigned in Batavia City Court then jailed on $2,500 cash or $5,000 bond. He is due to return to city court on Nov. 9. The case was handled by Batavia Police Officer Felicia DeGroot, assisted by Arick Perkins.

Teshawn Anthony Lang-Smith, 22, of Pearl Street, Batavia, is charged with third-degree criminal mischief and second-degree harassment. He was arrested after a domestic incident that occurred at 3:20 p.m., Nov. 2, on Bank Street in Batavia. He allegedly damaged property belonging to another person. He was arraigned and jailed in lieu of $2,000 cash or bond and was due back in city court on Nov. 5. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Christopher Camp.

Tyanna D. Green, 23, of Walnut Street, Batavia, is charged with criminal possession of stolen property in the fourth degree, identity theft in the third degree and petit larceny.  It is alleged that at 6:13 p.m. on Sept. 11 on Highland Park in Batavia that she used a stolen debit card to make multiple ATM withdrawals. She was arrested on Nov 1 and jailed with bail. She was due back in Batavia City Court on Nov. 2. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jamie Givens.

Tyrone Lee Doward Jr., 28, of North Spruce Street, Batavia, is charged with DWI -- first offense, and operating a motor vehicle with a BAC of .08 percent or more. On Nov. 3, Doward was arrested on Lake Road in Le Roy following the investigation into a suspicious vehicle at the 490 Truck Stop in Le Roy. He was allegedly parked in the parking lot after hours when the business was closed. He was transported to GC Jail and processed, then issued appearance tickets. He is due in Town of Le Roy Court on Nov. 25. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen.

Dennis S. Rogers Jr., 46, of Batavia, was arrested on Nov. 3 by Troopers out of SP Batavia as the result of a traffic stop on Route 5. Rogers was charged with driving while intoxicated, aggravated unlicensed operation, 3^rd, operating a vehicle without an interlock device, along with other traffic offenses after allegedly failing field sobriety tests. Rogers was issued an appearance ticket returnable to the Town of Pembroke later this month.

Riley Kristine Davis, 21, of Gilbert Road, Bergen, is charged with unlawful possession of marijuana and a muffler exhaust violation. She was arrested at 11:47 p.m. Nov. 3 on Clinton Street in Batavia after being pulled over for a muffler violation. She was released on an appearance ticket and is due in Batavia City Court on Nov. 13. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Sgt. Dan Coffey.

Joseph W. Morrow, 18, of Ellicott Street, Batavia, is charged with unlawful possession of marijuana. He was arrested on Cedar Street in Batavia at 9:05 p.m. on Nov. 5 after he was allegedly found in possession of marijuana during a traffic stop. He was issued an appearance ticket and released. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Felicia DeGroot.

Genesee County, acting as a pass-through agency for a nonprofit that serves Western New York veterans, is to receive $80,000 in state aid for a program that provides fun group activities for combat veterans and their families.

WNYHeroes Inc. is based in Williamsville and provides several veterans programs, including service dogs for qualifying combat vets and financial aid for veterans in danger of losing their homes.

"We assist veterans if they're three or four months behind on their rent or mortgage," said Chris Kreiger, an Iraq War Vet and president and cofounder of WNYHeroes. "We pay the rent or mortgage, the security, utilities, food, whatever they need. If they fall three or four months behind, we provide the funds in grants, not loans."

Last year's Red, White and Blue Gala raised $300,000 for the assistance fund, he said, and $236,000 of that money went directly to veterans in need.

The ninth annual gala is tonight at Seneca Niagara Casino.

The $80,000 state grant is for the organizations for Operation B.O.O.T.S., which brings together veterans and their families in a casual, non-clinical, non-threatening, safe, fun environments to foster teamwork, networking and friendship. The program's motto is, "From defending our freedom to enjoying it."

WNYHeroes serves 12 of WNY's 17 counties and Kreiger said the goal is to expand to all 17 counties within the next two years.

The Human Services Committee yesterday unanimously approved a resolution authorizing the county to act as the pass-through agency for the state funds.

Photo: William Joyce, Genesee County veterans service officer, and Chris Kreiger and Lynn Magistrale of WNYHeroes.

Paul M. Gelardo is indicted for the crime of driving while ability impaired by drugs, a Class E felony. It is alleged that on July 13 in the Town of Oakfield that Gelardo drove a 2002 Chevrolet on South Pearl Street while his ability to do so was impaired by drugs. In count two, he is accused of aggravated unilicensed operation of the motor vehicle in the first degree, another Class E felony. It is alleged in count two that Gelardo knew, or had reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities at the time he drove on South Pearl Street, and he did so while under the influence of alcohol or a drug. In count three, he is accused of the same crime as in count two, plus it alleges he had in effect three or more suspensions imposed on at least three separate dates for failure to answer, appear or pay a fine. In Special Information filed by the Genesee County District Attorney, Gelardo is accused of having been convicted of driving while impaired by drugs, as a misdemeanor, on March 14, 2016 in Town of Brighton Court. That conviction was within 10 years of the commission of crimes alleged in the current indictment, and he knew, or should have known, about that conviction and that his driver's license was still suspended.

Shawn J. Scheg is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on July 25 in the Town of Stafford that Scheg drove a 2007 Acura on Route 33 while intoxicated. In count two, he is accused of aggravated unlicensed operation in the first degree, also a Class E felony, for driving that day while his license was suspended, revoked or otherwise withdrawn by authorities. In count three, he is accused of circumventing an ignition interlock device, a Class A misdemeanor, which he was court ordered to have on his vehicle and which the Acura did not have. In Special Information filed by the Genesee County District Attorney, Scheg is accused of having been convicted of DWI, as a misdemeanor, on Oct. 9, 2012 in Genesee County Court, and that conviction forms for basis for the suspension or revocation referred to in count two of the current indictment.

Carl W. Altman is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 26 Altman drove a 1998 Ford in the Darien Lake Concert Amphitheater parking lot in the Town of Darien while he was intoxicated. In Special Information filed by the Genesee County District Attorney, Altman is accused of having been convicted of DWI as a misdemeanor on Aug. 24, 2015 in Town of Gates Court and that conviction was within 10 years of the crime alleged in the current indictment.

David J. Henry is indicted for the crime of driving while intoxicated, per se, as a misdemeanor. It is alleged that on March 3 in the Town of Stafford that Henry drove on 2017 Volkswagon on Route 90 while having a BAC or .08 or more. In count two, he is accused of DWI, a msidemeanor. In count three, he is accused of aggravated unlicensed operation of a motor vehicle, a Class E felony. It is alleged in count three that Henry drove while under the influence of alcohol or a drug while his license was suspended or revoked and while he had three or more suspensions imposed or at least three separate dates for failure to answer, appear or pay a fine.

For the first time -- as far as we know -- Rep. Chris Collins made his first appearance in Genesee County since his arrest Aug. 8, stopping by a polling location in Oakfield to drop off donuts.

Dick Siebert, the Republican election commissioner, said he spoke with a Democratic poll monitor at the poll in Oakfield and Collins did not campaign while at the location, did not carry any campaign material and did not wear anything that would identify him as Chris Collins.

"He spoke to one or two of the inspectors," Siebert said. "From what I understand he just wished them a good day. He had no campaign button or anything on that would identify him as Chris Collins. He did no campaigning with any of the people standing in line to vote."

Collins is running for reelection after being charged with securities fraud, wire fraud, and lying to the FBI. His top rival is Nate McMurray, town supervisor of Grand Island.

The turnout is reportedly good at Genesee County polling locations, on par with a presidential-year election, according to Lorie Longhany, the Democratic election commissioner. 

"We just heard from another polling location and they are using the word, 'busy,' " Longhany said. "My guess is, a more robust turnout for a midterm, which is what is being reported nationally."

Our news partner, WBTA, contributed to this story.

In the past three weeks, Rep. Chris Collins has made eight campaign stops, according to his Twitter feed, and none of them have been in Genesee County.

His opponent, Nate McMurray, made eight stops in just two days, including one Sunday morning at Tim Hortons in Batavia.

"I feel we're going to win," McMurray said. "I mean, I had people in Albion and Medina yesterday running up to me or stopping cars because they recognized me. I never had that experience in my life."

Whether McMurray's prediction of victory is confidence or overconfidence, we won't know until late Tuesday night but McMurray said he also feels the weight of the world when he thinks about winning. He knows it will mean that a lot of Republicans in this bright red district put their faith in him.

"I had Republicans coming up to me saying 'we believe you, do not let me down,' " McMurray said. "I could see they were serious, like, 'we've been let down, don't let me down,' and I'm like 'I'm not lying. This is who I am. I'm going to fight for you and I'm going to learn from you.' And I think honestly, I'm not trying to be glib, but I have learned from the people of this region and I'm humbled by it."

McMurray, who told reporters he's lost 30 pounds since the campaign started, has made an issue of the tribalism and cynicism that has gripped American politics and has vowed to break down those barriers. That, too, will create a responsibility for him if he wins, he said.

"I think a lot of people are so beaten down by politics and they become so pessimistic and just so dismissive of their political leadership," McMurray said. "For whatever reason, they're starting to feel hope in me in this campaign and I feel a great duty towards them, and on both sides of the aisle.

"Obviously, as a Democrat running here, I'm going to have a bigger burden to prove to Republicans that they can trust me and they can vote for me again."

He said he has run his campaign with little to no Democratic party input or influence and very little help, and vowed that if he won he would not buckle to pressure from Democratic leaders to conform to their views of the world.  

The latest polls show the race a toss-up that will come down to the wire. The state just released updated registration numbers for the NY-27 that may put a little wind behind McMurray's sails. The Democrats registered 1,848 voters compared to only 467 for Republicans.

Previously: Profile: Nate McMurray, Democratic capitalist, bucking the trend of his party

A fire that is thought to have started on the west side of the home destroyed a parsonage at 4131 Rose Road in Batavia late this morning.

"We lost our parsonage," said Faith Community Chapel Pastor Henry Pokrywa. "Firefighters responded promptly. Nobody was inside. The dog got out and they're still looking for the cat."

Retired Faith chapel Pastor Gene Demay and his wife, Rena, lived at the church-owned property with their pets.

They were at the chapel next door when the fire broke out and a passerby saw flames coming from the structure and called the Emergency Dispatch Center.

Town of Batavia Deputy Fire Chief Robert Tripp said they secured the natural gas line when they arrived on scene and waited for apparatus to arrive. They had difficulty accessing the origins of the fire because the house has a metal roof on top of asphalt shingles.

Tripp said they were able to send a crew inside initially, but then the interior became fully involved and a partial collapse of the roof on the south side made staying inside too dangerous so the crew was called outside.

At that point, until they could cut through the roof, the only points to fight the fire were windows and where venting occurred. Extensive overhaul will need to be done to ensure it's out and there's no rekindle.

"Don't put a metal roof over asphalt shingles," Tripp said. "Have one (kind of roof) or the other. Our saws are prepared for one style or the other. We have to switch out the blades to cut through both," which takes precious time to do.

"No one was injured, thank God," said Pastor Pokrywa. "We thank everybody for their prayers and we thank the firefighters and first responders."

Pokrywa added that the well-being of retirees Gene and Rena Demay "will be taken care of."

Once the fire was out, firefighters searched the flooded basement for the cat and found it alive. After getting a bit of oxygen, the cat was taken to a local vet for further examination.

Asked if the parsonage is a total loss, Deputy Chief Tripp said they have been unable to get inside yet to make that determination. There is significant smoke and fire -- not water -- damage to the first floor.

Firefighters responded with mutual aid from Le Roy, Alexander, and Stafford. Also responding were the American Red Cross, Mercy medics and Genesee County Sheriff's deputies.

Howard Owens was at the scene and contributed to this report. Photos by Howard Owens.

Pastor Henry Pokrywa

Tim Yaeger, the county's emergency management coordinator, carries books that were recovered by interior firefighters after the fire was out. These were the first items removed from the house. Several items were removed, including what looked like family photos that probably sustained water and smoke damage but appeared unburned.

A church-owned house next to Faith Community Chapel is on fire at 4131 Rose Road, at the intersection of Rose Road and Route 98 in Batavia. Flames are showing. It has a metal roof. Churchgoers were on the premises when the fire broke out, but they are believed to all be out of structures. Town of Batavia Fire Department is responding.

UPDATE 11:38 a.m.: Flames have well involved the west side of the house and are shooting through the roof, according to a firefighter on scene. Alexander's Fast Team is called for mutual aid, along with Le Roy and Stafford fire departments and Mercy medics.

UPDATE 11:42 a.m.: A first responder has shut off the natural gas line on the property. They are clearing the parking lot of vehicles to accommodate emergency equipment. The American Red Cross is called to the scene.

UPDATE 11:48 a.m.: National Grid is called to shut down power. Traffic is being held at Route 98 and Rose Road.

UPDATE 3:09 p.m.: The family dog was rescued from the house before the fire spread but the fate of a cat was unknown. Throughout the fire and overhaul, it was believed the cat was in the basement. The basement was flooded and firefighters had to pump water out. We just received word the cat was found alive and was rescued.

UPDATE 3:25 p.m.: Town of Batavia assignment back in service.

John P. Wittkopp, 35, of Columbia Avenue, Batavia, is charged with sixth-degree conspiracy and fourth-degree grand larceny -- value greater than $1,000. On Oct. 31, Wittkopp responded to Batavia PD and was arrested after an investigation into an incident that occurred at 4:21 p.m. on Oct. 27 on Main Street in Batavia. He was issued an appearance ticket, released, and is due in Batavia City Court on Nov. 13 to answer the charges. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Jamie M. Ficarella, 42, of Liberty Street, Batavia is charged with sixth-degree conspiracy and fourth-degree grand larceny -- value greater than $1,000. On Oct. 31, Ficarella responded to Batavia PD and was arrested after an investigation into an incident that occurred at 3 p.m. on Oct. 28 on East Main Street in Batavia. She was issued an appearance ticket, released, and is due in Batavia City Court on Nov. 13 to answer the charges. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Breanna C. Toal, 22, of Dellinger Avenue, Batavia, is charged with petit larceny and falsifying business records in the first degree. Toal was arrested Oct. 28 following an investigation into a report that she stole from her employer while working at 7-Eleven on East Main Street in Batavia. She was processed and released on an appearance. She is due in city court on Nov. 13. The case was handled by Batavia Police Officer Jason Ivison.

Aaron L. Klein, 47, no permanent address, Batavia, is charged with petit larceny. Klein was arrested on three counts of petit larceny following an investigation into property that was stolen from a residence on Montclair Avenue in the City of Batavia, shortly after midnight on July 26. He was already being held in Genesee County Jail on unrelated charges. He was issued an appearance ticket for city court and is due there Nov. 13. The case was handled by Batavia Police Officer Jason Ivison.

Olivia J. Paganin, 29, of Myrtle Street, Le Roy, was arrested on Nov. 1 by Le Roy Police Officer Kellogg on a Batavia City Court warrant. The defendant was then extradited to Batavia PD, arraigned in city court and put in jail. Paganin is due in city court at a later date. The case was handled in Batavia by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

      Richard Hanes

A former Orleans County resident whom investigators believe planned the murder of Raymond Morgan before beating him to death in his apartment at 111 Liberty St., Batavia, on July 24, was charged in Genesee County Court today with murder in the second degree.

Richard D. Hanes, 36, entered a not guilty plea before a courtroom packed with Morgan's family and friends as well as several police officers and detectives from Batavia PD. He was shackled and dressed in the green jumpsuit of the Department of Corrections and accompanied by a pair of corrections officers.

"Right now we don't have a motive," said Det. Kevin Czora after Hanes was arraigned on the single count of second-degree murder. "All we know is that it was an exceptionally violent attack that happened in an extremely short period of time. I believe it was premeditated from the evidence that we've collected, and what we know, but as of right now we do not have a motive."

Hanes has been in state custody since July 26, two days after the murder, on an alleged parole violation. He is being held at the Attica Correctional Facility.

He was convicted in Orleans County in 2003 of burglary, 3rd, attempted robbery, 2nd, and grand larceny, 4th. His parole on those charges expires Dec. 7.

According to a police spokesman, Hanes was living at 5 Thorpe St., Batavia, a rooming house for clients of GCASA, at the time of the alleged murder.

The evidence against Hanes, according to Czora and District Attorney Lawrence Friedman, is wide-ranging.

"There were witnesses in the area who, when this happened, identified him," Friedman said. "That's how it got started. So we have that. There are various items of physical evidence that were found and connected to him. We've got surveillance video from various locations that follow his path after the crime. There are also various items of scientific evidence."

Hanes is scheduled to remain in state custody until early December. Judge Charles Zambito ordered him held without bail but Fred Rarick, representing Hanes, said he reserved his right to make a bail application at a later date. Hanes will next appear in County Court on Jan. 9 for a hearing on any motions that have been filed.

Though Morgan had his own trouble with the law, he was a 47-year-old Batavia native with a large, tight-knit family locally, including five grandchildren, and a large network of close friends. Victor Thomas said they're all relieved to see the case reach this stage after months of waiting for justice to be served.

"This is the first step," Thomas said. "At least we start to see some justice; at least we got a name; at least we have a charge; at least we've got a prosecutor and somebody who is going to fight for us."

While police identified a suspect early in the investigation and gathered several items of physical evidence, formal charges were delayed until DNA could be analyzed.

Friedman said, because of ethical guidelines, he couldn't discuss that aspect of the case but he said the important factor was just making sure all of the evidence was ready for a successful prosecution.

"I can say that the delay was a matter of completing the investigation," Friedman said. "Fortunately, we had the luxury of time knowing that he was being held on a parole detainer and we knew what our timeline was as far as when we needed to have a grand jury presentation to make sure that we were at this point before he got released by parole."

He said he understood the desire of family and friends to see an arrest made quickly.

"Obviously, I've known all along that there are a lot of people who are very interested in this case, family members, people who are anxious to see something happen and we're maybe at times troubled by the fact that that wasn't happening quicker," Friedman said. "But my position has always been in this case and others is, we're going to do it right rather than doing it quickly. We're not going to jump the gun before we've got everything in order."

Todd Crossett, Batavia PD's assistant chief, said patrol officers and detectives put in more than 800 hours on the case so far (and the investigation isn't done).

"This is a culmination of many hours of work from patrol officers doing an excellent work at the initial crime scene and then going to the detectives," Crossett said. "Anything that came into the department, they were on it. Long, long hours, especially when it initially came in, long hours of chasing everything down. I think because of that hard work in the beginning that's why we ultimately got to where we are."

There has been speculation, Czora acknowledged, that there may have been other people involved in the murder of Morgan. He said every lead along those lines has been pursued and so far there is no evidence of any other people being involved.

The investigation doesn't end with the arraignment today, Czora said.

"There are countless numbers of pieces of evidence that we've obtained and processed and continue to process even still to this day," Czora said. "Our investigation continues even after this arraignment. It's just been an extensive amount of work that needed to be accomplished."

Top photo: Friends and family wearing T-shirts in tribute to Ray Morgan.

Richard D. Hanes is charged with second-degree murder, a Class A-1 felony, in the beating death of Raymond Morgan on July 24.

The crime occurred at 111 Liberty St. in the City of Batavia.

Hanes was indicted by a Grand Jury and arraigned in Genesee County Court this afternoon.

The charge carries a mandatory life sentence if convicted.

UPDATE: Investigators believe murder of Ray Morgan was premeditated

Updated at 2:20 p.m. with additional comments from Piegza.

President Trump "is a traitor." He's "Putin's lap dog." "He colluded with the Russians." These aren't statements you would expect to hear from a candidate for Congress who wears a red MAGA hat and holds himself out as a better choice for Trump Republicans than the current incumbent.

But Larry Piegza has used these phrases in his social media advertising The Batavian has learned.

Shortly after our story about Piegza was published yesterday a reader sent us a link to his advertising history on Facebook.

There's a clear pattern: Before Rep. Chris Collins was arrested by federal authorities on insider trading charges, Piegza attacked both Trump and Collins. Trump as a traitor, Collins as corrupt and unethical.

After Collins was arrested, Piegza donned the MAGA hat and proclaimed himself the only pro-Trump conservative who wasn't also facing criminal charges in the race. He's been selling himself that way to the media and on social media and at campaign appearances ever since.

Asked about the transformation, Piegza issued a statement to The Batavian and said the attacks on Trump were an attempt to draw attention to his campaign. He wanted to offer an alternative to Collins -- who was already facing an ethics investigation -- who wasn't a Democrat but Republicans didn't want to listen to him.

"The problem came up against when I tried to get my message out as a third-party candidate," Piegza said. "When people heard that I was against Collins, they accused me of being a Democrat and walked away.

"Noting that Trump gets a lot of press by making huge, provocative statements, I followed his example and called him out on some issues, namely his over usage of Twitter and his bizarre love of Vladimir Putin. I was doing this to create media buzz and get some free press."

After Collins was arrested, Piegza said he changed his tone because he calculated that in the changed political environment, he would get coverage.

"When Chris Collins was arrested, I panicked (like the rest of the district) when I realized that he couldn't get off the ballot," Piegza said. "Our district might be known as the district that elected a criminal! I dropped my provocative statements because I felt the press would cover me more naturally."

We also asked if the Democrats had anything to do with his campaign. He hasn't responded but that's a suggestion raised by Ellis McNally, who describes herself as a Republican strategist in Western New York, in a piece published on the blogging platform Medium in September.

In his statement, Piegza didn't address that charge directly but he did lead off by saying that there had been a fake candidate in the race early on, one seemingly put up by the Collins team, Mike Zak, as a Green Party candidate (an apparent attempt to draw votes from the Democratic nominee). Zak was eventually found out and he withdrew from the race.

In a follow-up e-mail, Piegza said of the suggestion that the Democrats have something to do with his campaign, "It is false. The Reform party has always supported Chris Collins in the past. In this election throughout the state they are endorsing conservatives. They chose to endorse me because Chris Collins probably broke the law and they wanted an ethical candidate. If the local  GOP offices had just endorsed someone else, I wouldn't be running, and the Reform Party wouldn't have endorsed me."

In a NewsGrowler piece about the controversy, published in May, Piegza is described as supporting the Mueller investigation.

Like Collins, Piegza is a hardline conservative. He is pro-life, pro-2nd Amendment, and for lowering taxes. Unlike Collins, Piegza describes himself as “pro-Mueller,” indicating his support of Special Counsel Robert Mueller’s investigation into President Trump.

Piegza sent two press releases (one, two) to The Batavian before Collins was federally charged with securities fraud, wire fraud, and lying to the FBI (charges he denies). Neither of them mentioned Trump, though Piegza did say he wanted to return the GOP to its conservative roots.

“Many people are saying we’ve drifted from believing in good fiscal responsibility, ethical values, and a government that stays out of our lives. People are saying they’d like to see us return to these values. I’ve shown that I can make good fiscal decisions that aren’t at the expense of another person. I’d love to help restore the party to a strong ethical foundation.” 

It's a common complaint of NeverTrump Republicans that Trump is pulling the party away from its traditional values.

After the jump, the complete statement from Piegza:

This seems like Collins' last hurrah -- an attack on the best conservative candidate in the district. It tells me that Collins has finally realized that he will probably place third in this race. Sad.

The fake candidate in this race was Mike Zak.

http://www.dailypublic.com/articles/04152018/collins-hand-picks-his-green-party-surrogate

Here's my full statement:

-----

The facts show that I believe that the policies Trump is enacting -- tax cuts, better trade deals, etc. are fantastic and exactly what this nation needs.The economy is thriving under Trump's leadership, and he is setting up deals to make us more competitive for the future. 

I don't believe anyone should trust politicians at their words so if you want to know what I stand for, you should "Follow the money."

Six months ago I founded the American Center for eDemocracy, LLC.(http://eDemocracy.us). This is a website which allows citizens to tell their congressman exactly how to vote on policy and allows residents to tell their congressman what they want them to fight for. This start-up company will personally cost me hundreds of thousands of dollars and years of effort before we turn a profit (if ever). I spent my time doing this because I believe politicians should represent their districts' needs exactly, and I really believe that a tool like this will help them do that. One example of why this might be useful is if you think back to when Collins repeatedly voted to end Obamacare. A system like eDemocracy.us would have told Collins that voting against it and ending preexisting medical condition coverage was a bad idea.

The fact is, NY 27 is Trump country. I am confident any polling of residents through eDemocracy will result in people saying that they want to support President Trump. So if you follow the money, you'll see that I will support Trump completely. I simply didn't spend hundreds of thousands of dollars just to ignore the result. That would be like a farmer hiring people, buying equipment, planting crops and then burning the crops before harvest.

So why did I run?

Twelve months ago I ran against Chris Collins because he had most likely broken the law and I wanted to allow people to cast an "Ethics Vote." I knew that many people wanted to tell our Republican Party to "Endorse better candidates -- we do not support criminals." I wanted people to not have to choose between holding their nose and voting for Collins or voting for a Democrat.  

The problem came up against when I tried to get my message out as a third party candidate. When people heard that I was against Collins, they accused me of being a Democrat and walked away. Noting that Trump gets a lot of press by making huge, provocative statements, I followed his example and called him out on some issues, namely his over usage of Twitter and his bizarre love of Vladimir Putin. I was doing this to create media buzz and get some free press.

When Chris Collins was arrested, I panicked (like the rest of the district) when I realized that he couldn't get off the ballot.  Our district might be known as the district that elected a criminal! I dropped my provocative statements because I felt the press would cover me more naturally. As a small business entrepreneur, I believe I can very much help out NY 27. As a Pro-2nd amendment candidate, I've also donated $150,000 to help regrow fish and game populations in the U.S. If you want to "follow the money" for proof, you can contact Sharon London at National Wildlife Federation. Check out my website for a full platform at http://FixItLarry.org 

The great news is that if you, the voters, believe that I am planning on voting against a policy you love, you can just log in to http://eDemocracy.us and tell me to vote the way you want. I've already promised that if 60% of the voters in the district want me to vote a certain way, I will, no questions asked. This is a far better deal than Chris Collins gave us when he stated he votes the way his donors tell him to.  

In summary, people have two choices this election. They can choose to vote for Collins, who most likely has broken the law and does not listen to residents. Or, they can vote for someone who has spent hundreds of thousands of dollars proving that he just wants to listen to his voters. My recommendation is that everyone should vote for the candidate that they can brag to their grandchildren about afterwards.

Additionally, we asked Piegza questions about his views of Trump. Here is that portion of his follow-up email.

Do you believe Trump is a traitor, as you say in one of your ads? Did he collude with the Russians? Is he Putin's lap dog?

Trump's methodology of getting things done is to alternately praise and threaten world leaders. This seemed to work for both Canada and North Korea, as he has managed to renegotiate deals and accomplish things that other leaders thought impossible (remaking NAFTA, returning fallen soldiers remains, etc.). This obviously means Trump has a "change of pace" strategy that works well. It is what the voters have hired him for -- shaking up the current order of things. It is stunningly effective -- China is now starting to buckle under the tariffs, and I would guess that they will come to the table soon. All of this indicates that Trump is a very successful negotiator. It is time that everyone in Congress get behind his strategies and help him succeed.

Months ago, Russia dumped all of their U.S. bonds. This is a great indication that Putin is unhappy with the United States and that Trump is not colluding with anyone. The U.S. has also arrested a lot of Russians and expelled 40ish diplomats from the United States. Is Trump a traitor? No.

Why did I say provocative things in my ads? As a third party candidate, I have been unsuccessfully trying to get the press to notice me in this race. Thus, I've been forced to do edgy things to get on everyone's radar. Trump should be pleased -- imitation is the highest form of flattery. I've actually been studying what he does to try to learn how he accomplishes the things he does. The whole reason why I took a cardboard cutout of Chris Collins and took pictures in front of a police car is I'm working to master that "edgy" side of communication.

Should the Mueller investigation continue?
It's been a year and a half and there is no evidence of collusion. This is a strong indication that it should be closed down.

Don't call NY-27 Reform Party candidate Larry Piegza a spoiler. He may be behind in the polls but if the media had just given him as much attention as Chris Collins and Nate McMurray he would be leading those same polls, he believes.

He is, after all, the only not-arrested, not-out-of-jail-on-bail, pro-Trump candidate in the race.

The tech-company CEO says he has the data to prove he is a logical alternative to incumbent Chris Collins, who has a federal court date pending in 2020 on insider trading charges.

"What I did was I had a robocall," Piegza said. "I called every single Republican, conservative, independent and unaffiliated voter that has voted in the last in an off-year election. In five seconds explain it, 'Hi, I'm Larry. I'm a pro-Trump candidate running against Chris Collins. He's the guy who recently got arrested. Would you consider voting a pro-Trump, third-party Republican?' "

In all, his computer dialed 125,000 phone numbers. Of those, 19,000 phones were answered. Of those, 1,900 completed the survey. Of those completing the survey, 59 percent said they would consider voting for a pro-Trump alternative to Collins. Only 22 percent of the respondents said they would still prefer Chris Collins.

"So as soon as they were actually given a choice, people were actually willing to consider a third party conservative," Piegza said during an interview with The Batavian two weeks ago at Moonjava Cafe. "These are the people that actually vote in off-year elections. Interesting. So, I'm actually convinced that if I can just get my name out that clearly I cannot only win this election but if I don't it's because Chris Collins is actually the spoiler."

Piegza entered the race well before Collins was arrested Aug. 8 by federal authorities on charges of securities fraud, wire fraud, and lying to the FBI (charges Collins denies, though has refused to explain), not just because he wanted to run for Congress as a minor-party candidate but because he knew trouble was looming for Collins, who was already facing a Congressional ethics investigation for his dealings with Innate Immunotherapeutics.

For Piegza, who jumped on the Trump "drain the swamp" bandwagon, Collins is just another corrupt politician out to serve himself rather than the voters of the NY-27.

"I actually believe if the liberal media started to actually realize that I am a real candidate, and get my name out there, I believe I have an excellent chance of winning this election."

Piegza shares the president's concern about "fake news" (though he wishes the president would stop calling reporters "the enemy of the people"), so much so that he and software engineers who work for him, created a now-defunct website, Identifact.org, designed to rate reporters and news organizations on their adherence to facts.

The site never gained traction but Piegza has continued to look toward technical tools to help solve democracies' problems.

His other venture is eDemocracy.us. 

Piegza has big ambitions and eDemocracy is at the heart of his plans, now that his company GAP Technoligies Inc., has reached a sustainable level of success, giving him more time to try and make the world a better place.

"(Collins) never had town hall meetings and I thought to myself, 'well, how can I do better than that?' " Piegza said. "It occurred to me that we should really be putting constituent feedback online. Why can't somebody who is actually in the district and has an opinion on a piece of legislation or wants to contact their congressperson, why can't they just log online, go into a secure website and tell their legislator how to vote?"

According to Piegza, eDemocracy is designed to match constituents with their representatives, contain every piece of legislation coming up for a vote, provide a place to petition representatives on any topic, and allow representatives to explain themselves to the voters. The site is also designed to contain a reservoir of fact-based information to help voters better understand issues so they can provide more informed advice to elected officials.

Piegza has a lot of faith that such a system would temper the partisan divide and get representatives to actually do what their constituents want them to do rather than legislate based on sound bites.

"If we can get the entire United States onto a system like this that it would be really, really exciting because you'd be able to break down each district, what their residents feel," Piegza said.

"This would take all of the politics out of it," he added later, "because you would actually know what the people in the United States want. It's an exciting concept and I really believe it can revolutionize policymaking in the United States."

If elected, Piegza said he will use the system and will vote according to how voters on eDemocracy tell him to vote. If 60 percent of those who log on and express their opinion tell him to vote a certain way, that's how he will vote.

We grilled him on this idea a lot.

For example, as far-fetched, as it sounds, what if the district flipped on Trump and 60 percent of the voters told him to vote to impeach the president? He ran as a pro-Trump candidate. Would he really betray that campaign promise because a poll told him to change his mind?

"That's a great question," Piegza said. "I think most people, given the fact that it's one of the few parts of my platform that I say 'this is what I'm standing for,' I would follow my conscience, most likely," Piegza said. "Obviously, if 80, 90 percent of people said yes, absolutely. We need to oppose this particular Trump policy, yeah I consider it."

Piegza thinks eDemocracy can help untangle complicated topics such as immigration. If eDemocracy were widely used, he said, the country would be less divided over the issue.

"Take something like immigration," Piegza said. "Everyone wants legal immigration, but that means different things to different people. They have different tolerances for various things. So since nobody really has a great handle on what the people want, the parties are fighting. There's all the chaos that's currently going on.

"What would happen if you could administer a survey across the United States and everybody who cares about immigration logs in and completes this 50-question survey? It asks questions like: Do you want a border wall? How much are you willing to pay for a border wall? Do you support DACA? You administer this across the entire United States and you find those places where it's extraordinarily calm, like 80 percent of the people agree that on whatever, like we should have a border wall, and then we craft legislation that's custom tailored to what you know 80 percent of the people want."

That, Piegza said, would make policymaking easier and less political.

However, immigration is also a good example of a policy conflict where facts don't matter to popular opinion. For example, we pointed out, it's well documented that farmers need immigrant labor to help bring the crops in, yet much of the opposition to immigration comes from residents in those same rural counties.

Piegza said he believes if people are given good facts through eDemocracy they will come to the right decisions.

Which brought us to a discussion of climate change, a topic where the data is clear yet some people hold steadfast to the belief that climate change is a hoax.

Piegza said he would approach legislation related to climate change like any other issue that might pop up on eDemocracy. We would want the facts presented, the policy issues fully vetted, and he would vote the way his constituents said he should vote.

"I would consider a carbon tax," Piegza said. "We'd have to figure out how to pull it off so it doesn't damage any businesses or limit small business growth. I believe that we as the United States should be encouraging small businesses in research and development to make sure that we can have businesses that are running more effectively.

We also asked about confirmation bias and the tendency of people to put the belief of their political cohort ahead of what the data says -- people defend their beliefs no matter how wrong on the facts might be presented to them that contradict their beliefs.

It turns out Piegza is well acquainted with confirmation bias. He has a degree in Psychology. He believes eDemocracy can overcome confirmation bias.

"If there's one thing that I could add to our culture or to the United States, it's that there has to be an attempt at getting Democrats and Republicans to see eye to eye," Piegza said. "It is eDemocracy? I'm not saying that's a complete solution or anything like that. What I am saying is that it can't hurt knowing exactly what the Americans feel exactly and what each district feels."

For a guy who believes political harmony can be achieved in the United States, it might be surprising he supports Trump, who calls Democrats "evil" and has a tendency to come up with derogatory nicknames for his opponents ("Lying Ted," "Little Marco," "Low-energy Jeb").  He does wish Trump wouldn't go there.

"He's got he's got a bombastic personality," Piegza said. "He likes charging events and charging words and using explosive phrases. As a leader, I think he should step back from that. I'm a big believer in getting consensus. I'm a big believer that we can make better decisions together. So I'm not a big fan of the explosive language. You know to be perfectly honest, if there's one thing I could do it could be to grab the President's phone and throw it in the toilet."

It's been a banner year for the Genesee County Chamber of Commerce -- more ribbon cuttings, more members, more tourism dollars, and even higher attendance at the chamber's annual meeting at Terry Hills.

This year, 156 people turned out for the luncheon and Chamber President Tom Turnbull's upbeat review of the past year of chamber activity.

Membership has increased from 425 businesses on the Chamber's rolls to 464, a 9-percent increase, the largest single-year climb in membership on record.

"I think we've done a better job of conveying the value of being a Chamber member," Turnbull said after the meeting. "From our improved staff, improved social media, improve the communication with our members, we've been able to let people know what the chamber does and that it's growing.

"It also is a reflection on the business community. Businesses are growing. We're doing ribbon cuttings because there are new businesses. I think we that reflects what's happening in the business community."

The new visitor center on Park Road has given a boost to local tourism, Turnbull said, but new hotels, more travel, a good economy, are also giving a boost to the bed tax, which funds tourism promotion in Genesee County. Bed tax revenue was up 11 percent in 2017.

Tourism is the county's second leading industry, after agriculture, Turnbull said, with nearly two million visitors passing through the county annually contributing $180 million to the local economy. Darien Lake alone draws 800,000 people during its short 100-day season.

During the summer, sports events have become a big draw for the county, leading to all rooms booked at every hotel in the county on many weekends.

This past summer, 53 events in Genesee County drew 123,000 people.

Asian tour companies have discovered Batavia is a convenient location for an overnight stay, Turnbull said, because it's still close to Niagara Falls but with competitive room rates. As many as 10 tour buses a day stop in Batavia.

Local tourism employes more than 2,000 people at 380 tourism-related business with a $58 million annual payroll, Turnbull said.

David J. Somerton, 36, of Kelsey Road, Batavia, (in photo above) is charged with five felony counts of disseminating indecent material to a minor. Somerton was arrested and arraigned on Oct. 31 following an investigation into an offense that occurred on Kelsey Road in the Town of Batavia on Oct. 13. 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.

Victoria Lynn Jacques, 49, of Seward Road, Alexander, is charged with aggravated driving while intoxicated, with a BAC of .18 or higher, and DWI -- first offense. Jacques was arrrested at 8:42 p.m. Oct. 27 on Broadway Road in Bethany. She was operating a vehicle that matched the description of a vehicle cited in a traffic offense complaint called into the Emergency Dispatch Center. Genesee County Sheriff's deputies pulled her vehicle over and allegedly determined she was intoxicated. She was transported to Genesee County Jail and released on appearance tickets for Town of Bethany Court Nov. 22. The case was handled by Genesee County Sheriff's Deputy Andrew Mullen, assisted by Deputy Mathew Clor.