notify

David A. Leach Jr., 24, of Stafford, was arrested Oct. 20^th by the Le Roy Police Department and charged with: first-degree burglary, a Class B felony; second-degree strangulation, a Class D felony; third-degree criminal mischief, a Class C felony; and third-degree assault, a Class A misdemeanor. In the early morning hours of Oct. 20^th, Le Roy police responded to the report of physical domestic incident in progress. Upon arrival, the suspect, later identified as Leach Jr., had fled the scene and was believed to be operating a motor vehicle while under the influence of alcohol. It is alleged that Leach Jr. broke into a residence causing damage to property in the process, and once inside the residence a physical altercation occurred. During the altercation, Leach Jr. allegedly placed his hands around the victim’s neck, obstructing the breathing of the victim, and he bit the victim, causing physical injury. The defendant was subsequently located by the Genesee County Sheriff’s Office and faces additional charges. He was arraigned in the Le Roy Town Court and jailed in lieu of $10,000 bail. Leach Jr. is to return to the Le Roy Town Court at a later date to answer to the charges.

Heather M. Coates, 32, of Myrtle Street, Le Roy, was arrested on Friday, Oct. 26, 2018, and charged with one count of hindering prosecution in the third degree and one count of endangering the welfare of a child, both Class A misdemeanors. On Oct. 25, the Le Roy Police Department assisted New York State Parole with attempting to locate Rob H. Hoag. New York State Parole received information that Hoag was allegedly at Coates’ residence and at the time there was a child under the age of 17 also present in the residence, in violation of Hoag’s parole conditions. Patrols responded to the residence and spoke with Coates, who allegedly made several statements to the patrols hindering their investigation to locate Hoag. During the investigation, Hoag allegedly jumped from a second-story window at the residence then fled from police on foot. The Le Roy Police Department was assisted by the New York State Police and DEC K9 Unit in an attempt to locate Hoag. To avoid capture, it is believed Hoag was picked up in a vehicle and then left the area. Hoag was not located on the date of the incident. Coates was arrested as a result of assisting Hoag from being located by the police as well allowing Hoag to be in the presence of a child under the age of 17. Hoag was located and taken into custody on Oct. 26 on parole violations. Hoag also has pending charges with the Le Roy Police Department as a result of the incident on Oct. 25. Coates was arraigned in the Le Roy Town Court and released under the supervision of Genesee Justice. Coates is to reappear in the Le Roy Town Court on Dec. 3.

Let's talk about French fries.

The lowly fry. Can you really kick it up a notch?

Cooking a gourmet fry is actually no secret. Any competent chef can do it. But it's a lot of work.

The new chef at Terry Hills, John Steward, is ready to do the work.

It's a four-day process that consists of blanching, drying, blanching again, more drying, freezing and then frying.

The result is a fry that has a veneer of crunch and a soft, fluffy center, like a perfectly cooked baked potato or a mouthful of savory clouds.

We told Steward we were going to write about his fries and that some people might find that odd. He agreed.

"People will be like 'oh, this guy doesn't know what he's talking about, talking about good French fries,' " Steward said. "A fry is a fry, you know. But at the same time, people feel like, 'oh, why is this fry so good? What's so different?' And that's what we need right now. We need people talking about Terry Hills. So many times I hear that people forget that Terry Hills is a restaurant."

A native of Rochester, Steward, is a new father, current resident of Le Roy and the former sous chef at Farmer's Creekside Tavern & Inn.

Terry Hills isn't his first head chef's job, but it may be his most important. It's a chance, he said, not only to take Terry Hills to the next level but also to better establish his name and provide his staff with the training necessary to help advance their careers. Those are his goals.

They're ambitious for a guy who a little over six years ago started in the restaurant business as a dishwasher and quickly moved through his first kitchen, entirely self taught, to be ready to run a kitchen himself a few years later -- La Luna, in Rochester.

"Yeah, I never went to a culinary college or school," Steward said. "Everything I've learned, I've learned on the job. I've done a lot of research on my own, watched a lot of shows, read a lot. When I first started, I would go to the public market and buy a bag full of potatoes and  sit in my apartment working on knife cuts."

Danielle Rotondo, VP, and co-owner of Terry Hills, said Steward was just what management was looking for -- young and ambitious and eager to take the dining experience for lunch, dinners, and banquets to the next level. He came out on top after three rounds of interviews and several reference checks.

"We want to grow; we want to do more; we want to show Batavia that we're not just a golf course," Rotondo said. "You know we have our golf course, our restaurant, our banquet facility, we have all of that here, and, yes, we want to show that there are some different things out here and there are different ways to do it. Yes, it's Batavia, but we can also go on the edge a little bit and try something else."

To show off how Terry Hills will take it to the next level, a couple of weeks ago the restaurant hosted a chef's menu night for a few dozens guests both to introduce some new dishes and as a kind of soft opening on how things are changing.

It was at that chef's menu night that we tried those crisp, fluffy fries. But Steward also introduced diners to his gnocchi carbonara, like everything that night, made from scratch, consisting of hand-rolled, house-made ricotta in a rich and thick carbonara sauce with diced ham and peas.

Steward also served a dry-aged strip steak, a pan-seared salmon, chicken roulade, to go along with a wedge salad, a Caesar salad, and a grain medley.

Many of these dishes -- particularly, say, the fries and the gnocchi -- take substantial prep time but Steward said there's no reason he and his line staff aren't up to the demands of the extra effort.

"As you're organized, you always have lists going; then it should be executable," Steward said. "There's no reason why it shouldn't be executable."

Steward said what makes a good dining experience is fresh ingredients, scratch cooking, and service. It's his job to oversee all aspects of a guest's experience at Terry Hills now, and he plans to pay attention to those details.

"Even if I go to a diner, or if I go to a finer place, you can see if the food is taken care of, if people care about quality," Steward said. "I think that is what makes a good meal -- making sure you use fresh ingredients, you use the proper techniques, execute the proper techniques. Your execution is what makes a good meal."

He said he expects the care of the kitchen staff to be carried out into the dining room by the servers.

"Nothing frustrates me more when I go to a place, and I ask a server a question about the menu, and the server is like, 'I don't know,' Steward said. "You should, you should. To me, I feel like it's your job to know the menu to know what the chef is trying to cook.

"There's going to be time and money invested to ensure our staff is trained properly."

The one thing Steward didn't change for the night was Terry Hill's famous seafood bisque.

"The only thing I might change is the garnish and change the saltines to oyster crackers," Steward said. "I think a seafood bisque should have oyster crackers."

While upgrading the sit-down lunch and dinner menus for Terry Hills is high on the agenda, Steward said he also plans to revamp the banquet service.

"I'm not knocking the former chefs here, but some of these recipes are outdated," Steward said, "by like 25 years."

That doesn't necessarily mean there will be big changes in menu choices. He already considers Terry Hills the premier banquet facility in Batavia. He thinks a few changes to how things are done will make it even better.

"I understand that like I can completely get everything off the menu," Steward said. "But, again, some of the techniques we're using here again are outdated. No one uses them anymore so. Therefore, we need to update our techniques to make a better product. The quality of the product will improve but still essentially be the same, they will have the same ingredients, but it's just going to be a better product overall because it's done better."

Steward said the chef's that inspire him include: Massimo Bottura, owner of Osteria Francescana in Italy, now ranked the #1 restaurant in the world (Bottura was the subject of the first episode of Chef's Table on Netflix); Thomas Keller, a chef and restauranteur in California; and, Wylie Dufresne, a chef in Manhattan.

"I pride myself working hard, putting in the hours," Steward said. "I think anyone who does that is going to do well in any field."

Steward thinks he can take what he's learned on his own and use that knowledge to help make his line cooks better. He would like to be known as a chef who helps his staff advance their careers.

"I really want to make really good food," Steward said. "In that process, I want to teach the guys that are here, too. As I said from day one, my goal is for you guys, whenever your time is up here, is to walk into any kitchen (and) be the best cook that walks in that kitchen because you've got trained by me."

Brendan David Curry, 38, of Batavia Elba Townline Road, Batavia, is charged with: DWI with a previous conviction within the last 10 years; refusal to take a breath test; operator leaving the scene of a property damage accident; moving from lane unsafely; and second-degree burglary -- illegal entry of a dwelling. Batavia police were called to an address on Ellicott Street for a burglary in progress at 12:08 a.m. on Oct. 24. They were advised that Curry had fled the scene in a vehicle and had also struck a guard rail. NYS Police located Curry and his vehicle at the intersection of Webster Avenue and Howard Street. Batavia Police Officer Nicole McGinnis interviewed Curry and allegedly found him to be intoxicated and he was arrested. Batavia Police Officer Felicia DeGroot investigated the burglary and arrested him on the charge of second-degree burglary. He was arraigned in Batavia City Court and bail was set at $5,000 cash or $10,000 bond for the DWI; he was released on his own recognizance on the burglary charge. He was to return to city court the same day, Oct. 24. Batavia Police officers McGinnis and DeGroot handled this case.

A 17-year-old who lives on Oak Street in Batavia is charged with second-degree harassment -- physical contact. The defendant was arrested following a report that the defendant punched and pushed a juvenile near Dwyer Stadium at 7:40 a.m. on Oct. 17. The defendant was issued an appearance ticket and is due in Batavia City Court on Nov. 13. Then on Oct. 28, the same teenager and a codefendant, no age given, were arrested and charged with disorderly conduct and fighting in public. They allegedly entered the scene of a car accident at 2:13 p.m. on Oct. 28 on West Main Street, Batavia, while it was actively being investigated by police and engaged in a violent public fight. Neither defendant was connected to the accident in any way. They were processed and released on appearance tickets and are due in city court on Nov. 13. Both cases were handled by Batavia Police Officer Jason Ivison.

Lindsay JR Goins Jr., 62, of State Street, Batavia, is charged with second-degree harassment -- physical contact. He was arrested Oct. 24 for an incident that occurred at 4:46 p.m. on Oct. 23 on State Street during which he allegedly had physical contact with another person. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Annie G. Stanley, 65, of State Street, Batavia, is charged with second-degree harassment -- physical contact. She was arrested Oct. 24 for an incident that occurred at 4:46 p.m. on Oct. 23 on State Street during which she allegedly had physical contact with another person. She was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Catherine Mucha.

Raymond Charles Cook, 48, of Jackson Street, Batavia, is charged with: DWI -- first offense; operating a motor vehicle while having a BAC of .08 percent or more; third-degree aggravated unlicensed operator; failure to use designated lane; and driving left of pavement markings. At 12:41 a.m. while on patrol, Batavia Police Officer Nicole McGinnis observed a vehicle traveling westbound on Main Street in Batavia committing numerous traffic infractions. After a roadside investigation, Cook was arrested. He was release on appearance tickets and is due in city court on Oct. 31. Batavia Police Officer Christopher Lindsay assisted Officer McGinnis with the case.

Jordan Edenholm, 30, of Gabbey Road, Pembroke, is charged with: driving while intoxicated with a BAC of .08 percent or more; DWI; speeding; and making an improper left turn. He was arrested following a traffic stop on Route 63 in Batavia at 11:35 p.m. on Oct. 27. The case was handled by Genesee County Sheriff's Deputy James Stack, assisted by Deputy Andrew Mullen.

Brandon Michael Burgess, 31, of Maltby Road, Oakfield, is charged with: DWI; DWI with a BAC of .08 percent or more; inadequate exhaust; and following too closely. Following a traffic stop on Lewiston Road in Batavia at 8 p.m. on Oct. 26, Burgess was arrested on these charges. He is due in Town of Batavia Court on Nov. 15. The case was handled by Genesee County Sheriff's Deputy Eric Meyer, assisted by Deputy James Stack.

Kimberly A. Showler, 53, of Ellicott Street, Batavia, is charged with petit larceny. She was arrested after it was discovered she was allegedly shoplifting at Tops Friendly Market in Batavia at 4:35 p.m. on Oct. 22. She is due in city court on Oct. 30. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Thomas Allan Torrens Jr., 23, of Overlook Drive, Batavia, is charged with unlawful possession of marijuana and speeding. On Oct. 28 following a traffic stop at 10:23 p.m. on Main Street Road in Batavia, Torrens was arrrested on these charges. He was issued an appearance ticket and is due in Town of Batavia Court on Nov. 12. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan.

Brandon C. Smart, 41, of North Pembroke Road, Batavia, was arrested Oct. 26 on a Batavia City Court warrant for failure to appear on unnecessary noise charges he incurred on March 21 on Central Avenue in Batavia. The case was handled by Batavia Police Offier Stephen Quider, assisted by Jason Davis.

Daniel E. King is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that the convicted sex offender moved to 2058 Phelps Road in the Town of Basom on Jan. 24 and failed to register his change of address with the NYS Division of Criminal Justice Services within 10 calendar days as required.

Candido Candelaria III is indicted for the crime of driving while intoxicated, as a Class D felony. It is alleged that on Aug. 16 in the Town of Le Roy that Candelaria drove a 2005 Chevrolet Equinox on Route 33 while intoxicated. In count two, he is accused of aggravated DWI, per se, as a Class D felony, for allegedly having a BAC of .18 percent or more at the time. In count three, it is alleged that the defendant knew or had reason to know that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and that he was under the influence of alcohol or a drug at the time. In Special information filed by the District Attorney, Candelaria is accused of having been convicted for DWI, per se, on Jan. 9, 2017 in Town of Ridgeway Court, Orleans County. The conviction forms the basis for count three of the current indictment.

Benjamin J. Marien is indicted for the crime of driving while intoxicated, as a Class E felony. It is alleged that on June 15 in the Town of Darien that Marien drove a 2008 Chevrolet Silverado on Chick Road while intoxicated. In count two, he is accused of DWI, per se, as a Class E felony, for allegedly having a BAC of .08 at the time. In Special Information filed by the District Attorney, Marien is accused of having been convicted of DWI as a misdemeanor on Oct. 12, 2016, in City of Batavia Court and that conviction was within 10 years of the crimes alleged in the current indictment.

A former Batavia resident who was arrested on drug dealing charges in August of 2017 will be allowed to miss his County Court date for sentencing because it will conflict with federal prosecution he's facing in Maine.

Until recently, local authorities were unsure where Quintin L. Spinks, 34, had gone. He was located in a federal detention facility in Maine where he faces an indictment involving other individual accused of dealing drugs and trafficking in weapons.

Spinks, in the federal indictment, is named in only count one of the indictments, for conspiracy to distribute a mixture of heroin and cocaine.

Attorney Thomas Burns told Judge Charles Zambito in County Court today, where Spinks appeared, escorted by state corrections officers, that his client sought a delay in sentencing for "strategic" reasons related to his pending federal case and a pending case in Monroe County.

While the delay might help his other cases, it may mean he can't make it back for his sentencing once those cases are resolved, so today he waived his appearance for his eventual sentencing. He will allow Burns to accept a sentencing on his behalf.  

How the delay might help Spinks with his federal case was not discussed in open court.

Under a plea agreement, he can expect a prison term of under two years but there is no cap on his post-release supervision. He will also be required to pay the standard fines and make a $200 restitution to the county before he is sentenced.

He was arrested by the Local Drug Task Force on two counts of criminal sale of a controlled substance, 3rd, and two counts of criminal possession of a controlled substance, 3rd.

He was arrested by federal authorities in Maine in June. His co-defendants are Rashaad McKinney, Deondray Warren, Sharoz Haywood, and Demario Boler. All face drug charges but McKinney and Warren also face federal weapons charges for making straw purchases of firearms -- buying guns using a fake name.

No date was sent for Spinks to be sentenced.

Photo of two additional dogs that Welch had. Both are at the county animal shelter.

Suspected puppy abuser Brandon Welch made his first court appearance yesterday afternoon since his arrest Oct. 18.

The 23-year-old, who lives in an apartment on East Main Street in the city, was granted bail at his preliminary hearing.

It was requested by his private counsel, Frank Ciardi, on the misdemeanor charges of falsely reporting an incident in the third degree (for claiming he found the starving puppy); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

Ciardi, whose criminal defense practice is based in Rochester, advocated his client's suitability for bail by noting that Welch has no criminal history, he's lived here two years and was employed in Churchville at the time of his arrest.

To Ciardi's right stood his diminutive client, silent and stoop shouldered; shackled and wearing orange jail uniform, with his head nearly shorn bald and his brown beard neatly trimmed.

City Court Judge Robert Balbick set Welch's bail at $5,000 cash or $10,000 bond, which was not opposed by First Assistant District Attorney Melissa Cianfrini.

The question of bail for the Class D felony charge of making a terroristic threat was deemed null and void after two witnesses could not get here in time to testify. The charge was brought after investigators learned that the defendant allegedly said he would shoot the next cop who came to his home.

Two female witnesses were to be served with orders of protection from Welch, subpoenaed and brought from the "other side of the state" to Batavia to testify about the threat they allege Welch made against law enforcement. That failed to happen by 11:30 a.m. yesterday.

As of the day before -- Tuesday afternoon -- Welch's case was docketed for 1:30 p.m. Wednesday. Yet the pair of witnesses was apparently scheduled to give statements earlier -- in the morning -- and the deadline could not be met.

The first district attorney said not only were orders of protection requested, and subpeonas sought, but the people requested all of Welch's firearms to be turned over; she was concerned that only two of three known weapons were recovered in Welch's apartment by law enforcement after they got a search warrant.

Judge Balbick said there was no order on file concerning the firearms.

Cianfrini said she had supporting depositions showing that the defense was asked to turn over all weapons and ammunition.

"He freely handed over the weapons he had there," replied Ciardi.

But a third weapon, a rifle which Cianfrini referred to as a "30-'ott'-6" -- which is a caliber, a size of cartridge (.30-06) that is used in various kinds of weapons and is powerful enough to take down a moose -- was not recovered.

The rifle and ammo were missing and a rifle case was "found empty," she said, adding that this made the people uncomfortable because Welch had been seen in possession of the rifle.

Ciardi then asked: "Why would he turn over two weapons and not all three?"

He added that if Welch is released -- he makes bail -- he will advise him to turn over all weapons.

An emaciated 9.2-pound pit bull mix pup now known as "Opal" was brought to Batavia Police after it was found in Stafford Oct. 4. A tipster later led police to Welch. 

Three other animals in his care were subsequently seized from Welch's home: a bearded dragon lizard, which, like Opal, is now in foster care; and two other mixed breed dogs, which Welch told Judge Balbick are part boxer and part German shephard, respectively. The canines appear healthy, albeit lean, and are at the shelter. They have an eager-to-please, energetic disposition.

Under Article 26 of the state Agriculture and Markets Law, the shelter is eligible to be reimbursed at a rate of $10 per animal per day for any seized animal in its custody, plus vet bills. Vet bills in Welch's case to date stand at $837.38 and counting.

The bond application sought was for more than $4,500, according to Animal Control.

Because Welch forfeited ownership of all four creatures, repayment for costs incurred and vet bills will not be sought and the security bond application was vacated.

Welch's next city court date is 1:30 p.m. on Tuesday, Oct. 30, for discovery on the misdemeanor counts and pre-trial motions.

Inset photo above right: This is an example of the kind of lizard -- a bearded dragon lizard -- Welch kept before relinquishing ownership Wednesday. It is not a picture of the one that belonged to Welch.

Ronnie L. Calloway, 24, of Hutchins Place, Batavia, is charged with third-degree assault. He was arrested on Oct. 23 after city police responded to 22 Hutchins Place. He was jailed on $2,500 bail and was due in Batavia City Court this morning (Oct. 25). The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Felicia DeGroot.

Renee L. Sweet, 36, of Prestige Crossing, Batavia, and Danielle E. Winter, 29, of Park Street, Alden, were arrested at 1:58 p.m. on Oct. 20 on East Main Street in Batavia and charged with disorderly conduct. They were allegedly observed by two Batavia Police officers engaging in a physical altercation outside. They are due in Batavia City Court on Oct. 30. Sweet's case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Arick Perkins. Winter's case was handled by Officer Perkins, assisted by Officer Cowen.

Thomas Allen Griffin, 31, of Ellicott Place, Batavia, is charged with second-degree criminal contempt. He was arrested Oct. 22 after allegedly violating a stay-away order of protection at 12:06 p.m. on Oct. 20 by being at the residence of the protected party. He was issued an appearance ticket and is due in Batavia City Court on Oct. 30. The case was handled by Batavia Police Officer Christopher Lindsay.

Katty Lee Jackson, 22, of East Main Street, Batavia, was arrested on a warrant for failing to appear in court on a ticket for criminal trespass. She was arraigned, then released on her own recognizance and is due in Batavia City Court on Nov. 8. The case was handled by Batavia Police Officer Nicole McGinnis, assisted by Officer Felicia DeGroot.

Harry R. Silliman, 54, homeless, is charged with second-degree criminal contempt for an alleged violation of a court order. At 4:57 p.m. on Oct. 19, Silliman was arrested for allegedly violating an order of protection. He was arraigned in Batavia City Court and jailed in lieu of $1,000 bail. He was due back in court on Oct. 22. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Chad Richards.

If you take Nate McMurray at his word, he often sounds a lot more like a conservative, or even a populist, than the progressive he sometimes claims to be.

He says, for example, that he's a capitalist. He believes in an American work ethic. He worries about deficit spending. He's concerned about any increase in middle-class taxes. He decries over-regulation of business. He's a gun owner who says a homeowner has a right to use a firearm to defend himself and his household. He lists Ronald Reagan as one of his childhood heroes.

On the populist side, he says Donald Trump is right about some things -- he's right about unfair trade deals and he's right that much of America has been hurt by recent economic policies and that the system has become fundamentally unfair to working Americans.

If McMurray goes to Washington, he promises to be his own man. He won't be beholden to Nancy Pelosi and he won't owe anything to any special interests.

"I am not controlled by anybody, especially not Nancy Pelosi," McMurray said Monday night during a meeting with about 50 undecided voters at Noblehurst Farms in Pavilion. "I have no relationship with her whatsoever. ... I don’t know anything about Nancy Pelosi. I’m going to go (to Washington) and I’m going to be an independent voice. If Nancy Pelosi is right about something, I’m going to say that’s right. If she’s wrong, I’m going to say that’s wrong."

Rise from underdog to legitimate challenger

When Nate McMurray announced his intention to run for Congress in New York's 27th District, he wasn't even the favorite among the five others expected to vie for the seat. Once he emerged after a few weeks as the lone Democrat still interested in running, Gov. Andrew Cuomo tried putting pressure on Lt. Gov. Kathy Hochul to drop her bid for reelection and run against Rep. Chris Collins, whom she lost to in 2012. Hochul refused to switch races and has since endorsed McMurray.

Early on, McMurray adopted the hashtag on social media "#NateWillWin" but remained at best a long shot as July dragged into August. Even though ethics questions hung on Collins like bright red lights on a Christmas tree, the GOP said Collins was their man. His credentials included a first-in-Congress endorsement of Donald J. Trump in 2016 and a $1.4 million war chest. Loyalty to Trump in the 27th runs deep (the president's approval rating is 62 percent, twenty points higher than the rest of the nation) and Collins has never wavered from his support for the sometimes embattled president.

The incumbent seemed invincible.

That all changed when the multimillionaire businessman was arrested Aug. 8 and charged with securities fraud, wire fraud, and lying to the FBI, in connection with a series of stock trades his son Cameron and others made in June 2017 after Collins learned that a critical drug trial had failed for Innate Therapeutics.

Collins is accused of illegally providing confidential information about the drug trial's failure to his son during a phone call Collins placed from the lawn of the White House.

Since then, Collins has said he was running for reelection, then not running for reelection, and then was back in the race. In the intervening weeks, he has largely avoided the public and reporters while dumping campaign funds into TV commercials that portray McMurray as a Pelosi-backed extremist out to destroy the presidency, destroy the economy, and take away your guns.

None of that is true, McMurray told the crowd at Monday night's meeting.

"Every independent news outlet that has looked into these things is saying the advertisements are false," McMurray said. "The fliers are false. The advertisements are false. If the stuff (Collins) is saying is so true, he would have the guts to stand on stage and say it to my face."

McMurray has worked hard. The criminal charges have hurt Collins. While Trump supporters are steadfastly behind their man, other members of the GOP are expressing doubt and the race has tipped from a sure thing for Collins to a toss-up, according to a recent Siena poll.

Contrasting backgrounds, different messages

McMurray, a barrel-chested, 6'3" former high school bodybuilder,  makes much of his working-class background, both to burnish his populist image (though he said he never thought of himself as a populist until asked about it) and to contrast his upbringing to that of Collins.

McMurray was born in Tonawanda. His father was a proud union member, a painter, and McMurray said the chemicals in the paint at the time were more dangerous. His father died of cancer at age 39, leaving his 35-year-old wife to raise McMurray and his six siblings on her own.

He said finances were a struggle. He worked his way through Erie County Community College. He studied hard and became a Fulbright Scholar and earned his law degree and passed the bar. He's been a corporate attorney most of his adult life, most recently with Delaware North in Buffalo. He is currently the supervisor in the Town of Grand Island.

Collins, in McMurray's narrative, grew up in privilege. Where McMurray is a working-class Western New Yorker, Collins is the son of a well-to-do business executive, able to attend a four-year university in North Carolina. Where McMurray made his own way, Collins benefitted from his family's wealth. Where McMurray played by the rules, Collins thinks the rules don't apply to him.

"If we win this seat, we don’t just win for Western New York," McMurray said Monday night. "We send a message to this entire country that a guy who started at a community college, who worked every day, worked his way through law school, is able to beat maybe the richest and perhaps the most corrupt man in Congress."

McMurray also thinks his background and his attitudes, especially his full-throated support for capitalism and his support of Second Amendment rights, puts him in conflict with the mainstream of the contemporary Democratic Party.

"I do not want to run to impeach President Trump," McMurray said during an interview with The Batavian early this month at WBTA's studio. "I don't support the SAFE Act. I mean there are things about me that most Democrats when they hear me, they cringe. The reason why I'm a Democrat however is I think we need some fairness in our society.

"I think some things got out of whack. I think we need to fight for working people again. I want to restore the Democratic Party -- not of Nancy Pelosi, but the Democratic Party of my dad, who wore a union jacket with pride and believed in labor and believed in working families, and that's who I am and that's what I'm fighting for."

In our interview, we talked about issues and policy. McMurray said it was the first time a reporter had sat down and talked to him in depth about what he really believes and not just the horse race angle of a political campaign.

The economy & trade, capitalism vs. socialism

We spent most of the time talking about economics: the nature of capitalism, the threat of socialism, and Trump's trade policies.

"I want to save capitalism from where we are," McMurray said. "I think capitalism is in danger. I think we're moving towards oligarchy. I think we're moving toward a society where a few people have all the power and control the democracy and control the vote and control the propaganda that we see every day about who to vote for.

"I can see that in my own race. We have potlucks and picnics where it is very successful it seems but unless you're going into that corporate till and getting those $50,000 dollar checks, it's almost impossible to compete."

McMurray defends capitalism from a populist viewpoint.

"Right now, those rules are dominated by a clique of corporations and powerful elites," McMurray said. "It makes sense. Think about it. Why would a major corporation hire lawyers? I'm one of those lawyers they've hired in the past. Why would they hire lobbyists to shape and manipulate laws to their benefit?

"Everything from labor standards to environmental laws to everything else. They're passing the risks on to us. A congressperson is supposed to be in there making sure those laws are also fair to help people who don't have that power, not the lobbyists. We're supposed to be an advocate for regular people."

Big Pharma, economic elites and the forgotten

It's the crony capitalist controlling the system, McMurray said. The problem is perhaps most acute, in his view, in the pharmaceutical industry.

"We have to shorten (drug patents)," McMurray said. "They're almost indefinite right now so they can rake everybody over the coals. That's why we got people in Batavia driving to Canada to get medicine because we pay more than any (other country). So that's what I'm talking about. They say why aren't you a capitalist? Yeah, I'm capitalist but we have to have a capitalistic system that makes sure all stakeholders are considered and not just ones with the money to buy lawyers they can make the laws for them."

It's this sort of populist resentment of the economic elite setting the rules to benefit themselves that fires up Donald Trump's base, McMurray said, and they're right.

At 43, married for 20 years, with two sons, Moses, 10, and Luke, 7, McMurray says he wants to represent the working families of Western New York, not corporate interests. 

"I also believe that the message of President Trump is a strong message," McMurray said. "People have been forgotten in this country. Now I don't agree with his answers but I agree with that message. I believe that we have to remember there's a forgotten America. We can see that in the 27th District. Look at our population decline. Look at how things have gone downhill for so many people. We need someone to advocate for them.

"We know who is advocating for the big corporations," McMurray added. "I'm not taking any corporate money. I've denied corporate money. Look at my background as a business person. That money is accessible to me and it's been painful. It's tested my values not to take that money but we're doing everything to try to run this the way the Founding Fathers intended, from a grassroots perspective."

Trade creates opportunities for Americans

On one hand, McMurray says he shares Trump's views that the United States has gotten itself trapped in unfair trade deals based on naive and utopian views of the world. On the other, when pressed, he acknowledges NAFTA has benefitted the United States and that KORUS (the free-trade agreement with South Korea) has opened up a new market for U.S. companies (in one of his corporate jobs, McMurray helped U.S. companies find customers in South Korea, helping to create jobs in the United States, which is the exact opposite of what Collins claims in one of his campaign commercials).

The United States needs trade, McMurray said, to create opportunities for America's farmers and manufacturers.

"The biggest populations are in Asia," McMurray said. "They're in India and China. Those are growing economies where people are hungry for new items. Listen, I'm someone who has been over there for awhile. They would kill for our Fords or a nice big truck. Many Chinese guys would love to drive a brand new F-150.

"We've got to make sure they have access to it. You know many people in China would love clean milk from Batavia or clean yogurt from Batavia. To put up a wall and say we're not going to sell to these people, that's lunacy."

Again, while saying he agrees with Trump on trade, he opposes tariffs. It's hard, after all, to call yourself a capitalist and support tariffs.

"I think tariffs are bad," McMurray said. "I think that it depends on the situation. I mean a tariff is a tax, essentially. It's a tax on whatever business is being poked. Right now it's a tax on soybean farmers. (It's a tax on consumers, The Batavian interjects) Yes, it's a tax. I mean they call it a tariff but a tariff is a tax. Go back and look at our history. Go back to the Boston Tea Party. A tariff is a tax. So in principle, I'm against it."

Regarding McMurray's economic populism, in our interview, we raised the issue that much of the resentment expressed by many Americans about their economic status is driven by political rhetoric. The left in particular, for a decade or more, has decried wage inequality and wage stagnation. The message has stuck even though it doesn't fully account for how every American at every level of society is actually better off than 10, 20, even 30 years ago.

Some inequality is needed to power the American Dream. It's what drives entrepreneurs to create new things and new jobs. Complaints about wage stagnation ignore the fact that overall compensation has continued to rise, driven mainly by employers paying ever-increasing health care costs (costs that eat up potential raises), and that consumer purchasing power has increased decade by decade (see this chart from humanprogress.org).

McMurray replied that he worries that the sense of resentment people feel when the boss makes so much more than they do is an overall threat to the survival of capitalism. That perception, whether based on reality or not, needs to be addressed, he said.

"There is definitely some truth that capitalism over time is consistently (better)," McMurray said. "This is why I'm a capitalist. It consistently improves the lives of people. It consistently does so. I think if you're making the long-term argument things have gotten better over time for a lot of people. It certainly has, but I think there's also the truth that on the top what they have is getting larger and larger. And I think that's a threat to the overall system."

In 2018, McMurray finds himself in a Democratic Party that is unlike the Democratic Party of his father. The socialists are surging. Bernie Sanders remains popular and a possible  2020 presidential contender. In New York, Alexandria Ocasio-Cortez, a congressional candidate, Julia Salazar, a State Senate candidate, are avowed socialists Ten more self-identified socialists across the nation have won state house races, while more than 50 percent of Democrats polled say they've lost faith in capitalism. The Democratic Socialists of American, whose adherents include Ocasio-Cortez and Salazar, now has more than 50,000 members, up from 7,000 less than two years ago.

Given a chance to talk to socialists in his midst, McMurray says he would tell them how misguided they are in their support of socialism, which has cost countless millions their lives over the past 100 years and has led to economic ruin everywhere it's been tried. He said the idea that capitalism is inherently evil is extremely dangerous.

"(To) the people who want to embrace socialism, I would ask them to look at our history and see the failures of the last 100 years in the world and the many, many people who died from these experiments," McMurray said. "You have to be very cautious about trying to use these social experiments to fix all the -- there's no magic wand to fix all the world's problems. Human beings, there are many challenges to human life. There are things we can do better, but I would ask them to remember how great our success as a country has been for the last hundred years."

Opposes 'unwinnable wars'

On foreign policy, Donald Trump campaigned as a non-interventionist. He's governed like a neo-conservative. If elected, McMurray said he would oppose unwinnable wars.

"Well, obviously, we don't we don't use U.S. troops unless we're sure about what we're doing and we have a clear goal," McMurray said. "I would never send my children to war, to death, to violence without having a clear goal and a clear understanding what we're trying to achieve. I think what we are not the world's police. I think that's a mistake. "

If elected, McMurray said it will not be his goal to impeach Donald Trump but he does think Congress needs to reassert its rightful place in our system of checks and balances and reclaim some of its power from the executive branch, though he pivoted in his answer to a state issue, the SAFE Act, to illustrate how unchecked power causes people to distrust government.

"We're creeping towards the unintentional destruction of our of our separation of powers system," McMurray said. "I think the way the executive order has been used by past presidents, like President Obama, has been gratuitous and wrong. I think the way we force -- listen, when people feel they're forced to do something or it's not done through the proper process or system they get angry. They get apathetic. That's why people hate the SAFE Act, more than anything else, because they feel it was forced upon them in an undemocratic way. They are angry about that. I agree with that. They should be angry about it."

Guns and the Second Amendment

On guns, McMurray supports the Second Amendment, though he won't side, he said, with the absolutists on the left or the right of the issue.

"I believe the extreme positions on both sides are wrong," McMurray said. "I believe in universal background checks. We have to look at certain weapons and who gets to hold them and how they get to hold them but I can promise you, I will not take action without listening to the 2A groups that oppose me now. I will talk to these guys. I will listen to them because there are a lot of experts. I am amazed at the amount of detail and research that has been done on this issue and I believe in the Second Amendment."

The gun issue in this campaign came up in a unique way a couple of weeks ago when Grand Island Republican Councilman Michael Madigan complained to local media that McMurray threatened him. He produced a recording where McMurray said, “I think you’re sick. I think you really are. I have a gun. Don’t come to my house.”

Rather than defend McMurray's Second Amendment rights, the Collins campaign used it as an opportunity to attack him, according to a statement released to the Buffalo News.

“This obnoxious and borderline violent behavior displayed by Nate McMurray is nothing out of the ordinary,” said Collins campaign spokeswoman Natalie Baldassarre. “Whether it be his off-putting comments on social media or his unprofessional conduct during town meetings, it’s clear Nate needs to learn how to keep his emotions in check. This audio is deeply disturbing and further shows Nate is unhinged.”

After Monday night's event, McMurray defended his reminder to Madigan that he owned a gun. The right to defend yourself, your family, and your home is a fundamental right most NY-27 residents support, he said. He's surprised the Collins campaign would attack him over it.

"This is a guy (Madigan) who digs through my garbage and hides in the bushes," McMurray said. "I told him, you come near my house again, I’m going to defend my family. I would say it 100 times. It’s the way I believe."

The NRA has given McMurray an F rating. On Twitter yesterday, McMurray complained that the NRA has no voting record on which to judge him and didn't even bother to ask him a single question about gun rights.

He called the NRA "corporate hacks."

The attack on his position on guns by Collins, he said, is just another way Collins lies about him.

"Some people on the other side (the left) say I’m way too pro-gun, so I think I’m OK," McMurray said. "I want reasonable steps like universal background checks but I would never do anything to take away the Second Amendment."

New York voters have been disappointed a couple of times by Democrats who campaigned with conservative and populist themes only to transform into standard-issue progressive Democrats once they obtained statewide office (Kathy Hochul, Kirsten Gillibrand), so you will have to decide for yourself whether to take McMurray at his word when he espouses conservative values.  

For McMurray's part, he says he wouldn't be where he is, living in Grand Island, serving as town supervisor, if he wasn't at least a little red.

"We have a very red town and we're proud of that," McMurray said. "We're proud of what that means. We believe in conservatism from a traditional perspective, which means you hold onto your traditions and your values and you hold them as important because they're valuable to you. They define who you are as a community. In that sense, I would call myself also a conservative.

"I mean, again, I grew up as an Eagle Scout. I grew up in a very very Christian household. I grew up reading very conservative authors. I grew up respecting and loving Ronald Reagan, like any kid in the '80s. That's who I am and I think we need to get away from this paradigm of Republicans versus Democrats. First and foremost we're Americans and Americans do not want to be taken advantage of by people like Mr. Collins."

A 23-year-old City of Batavia man suspected of starving and neglecting a puppy found by a Good Samaritan in Stafford on Oct. 4 has been arrested.

Brandon Joseph Welch was arrested in the afternoon on Oct. 18 at his residence, 679 E. Main St., apt. 4H, and jailed without bail for allegedly making a terroristic threat to police, among other charges.

Batavia police executed a search warrant at his apartment in connection with the animal abuse case of a pup Volunteers for Animals at the shelter dubbed "Opal." That animal is now in foster care.

According to Batavia Police Det. Eric Hill, police got the warrant after receiving a tip from a witness.

Welch initially told police that he had found the puppy, a fawn-and-white colored female weighing only 9.2 pounds when rescued. The dog was not able to stand on its own and was covered in urine and feces, and was severely dehydrated and malnourished.

The police investigation determined Welch was "supposed to be caring for the dog," Hill said.

Welch said "he was going to shoot the next police officer who came to his apartment," Hill said, and police recovered firearms in Welch's possession.

Welch is charged with making a terroristic threat, which is a Class D felony, as well as falsely reporting an incident in the third degree (for claiming he found the animal); torturing/injuring/not feeding an animal; and owning/harboring an unlicensed dog.

He was arraigned the same afternoon, last Thursday, and is due in Batavia City Court tomorrow, at 1:30 p.m. on Wednesday, Oct. 24.

The case was investigated by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Opal, meanwhile, is looking like a different creature since she's been in foster care and received veterinary care and some decent nutrition. The pictures below -- sitting up smart and standing up strong on all fours, -- were sent to us yesterday by Volunteers for Animals. (Love those ears! Note the wagging tail!)

John Wesley Mitchell Jr., 44, (above photo) of South Main Street in Oakfield, is charged with failure to provide sustenance. He was arrested at his residence on Oct. 19 on three counts of failure to provide sustenance, a misdemeanor under Section 353 of the state Agriculture and Markets Law. It is alleged that Mitchell deprived two canines of appropriate housing. It is also alleged that Mitchell deprived one of the canines of physical care. Mitchell was issued appearance tickets returnable to the Town of Oakfield Court. He is due there at 6 p.m. on Monday, Nov. 5. The case was investigated by Genesee County Sheriff's Deputy Travis DeMuth.

Richard Anthony Dekenipp, 50, of Fayette Street, Palmyra, is charged with petit larceny. Following a larceny investigation at a business on Ledge Road in the Tonawanda Indian Reservation, Dekenipp was arrested at 4:28 p.m. on Oct. 19. He allegedly stole a carton of Seneca Menthol cigarettes at 3:43 p.m. on Oct. 14 by passing all points of purchase without paying. He was released after being issued an appearance ticket for Town of Alabama Court, where he is due on Nov. 7. The case was investigated by Genesee County Sheriff's Deputy Kyle Krzemien, assisted by Deputy Erik Andre.

As a matter of precaution, the county's Emergency Response Team was called to a residence on Lewiston Road in the Town of Batavia early this morning to help arrest two men who were accused of threatening another person in the Town of Alabama earlier in the morning.

The incident meant Route 63 was closed to all traffic, and residents in the area were told to shelter in place, from about 5:30 a.m. until 10 a.m.

Taken into custody were Kevin M. Fossum, 52, and Charles L. Beach, 50. Both were charged with aggravated harassment, 2nd, and menacing, 2nd.

Fossum is the primary resident at the house where he was arrested, and Beach is apparently a friend and a roommate.

Fossum is accused of threatening a person over the phone at about 2:30 a.m. and then a short time later showing up at that person's home in Alabama with Beach and making specific threats against that person. That person claims Fossum possessed a firearm during the confrontation.

Since that subject knew Fossum, deputies responded to his residence on Lewiston Road. They approached with caution because of the possible presence of a firearm. 

When deputies did not make contact with the men inside, even though Fossum's car was in the driveway, ERT was dispatched.

Sgt. Andrew Hale said Fossum has become known to deputies recently because of other calls to his residence. He is a retired Army Ranger and a black belt.

"He has serious credentials," Hale said.

Hale said that because of the possibility of a firearm, Fossum's recent behavior, and Fossum's background, ERT and extra officers were called in as a matter of caution, not that an actual threat was made against officers or a more serious immediate conflict.

At some point, while the incident progressed, Fossum, apparently unaware of the police presence, got in his vehicle with an apparent intent to leave the residence. At that point, he was taken into custody.

Officers were unable, however, to make contact with Beach. They were unsure of what Beach was doing inside the house. He could very well have been sleeping, Hale said.

Eventually, officers made contact and Beach exited without incident and was taken into custody.

A search warrant was obtained, and the house, yard, and car were searched. No weapons were recovered.

Neighbors told investigators, Hale said, that Fossum was not known to possess firearms.

Fossum was jailed on $7,500 bail, and bail for Beach was set at $5,000.

The Sheriff's Office was assisted by Batavia PD, ERT, the Orleans County Emergency Response Team, and the State Police.

No injuries were reported in the incident.

The matter was again postponed, this time until 10:30 a.m. on Monday, Dec. 17.

Samuel Alba, an associate attorney with the law firm of Friedman & Ranzenhofer, told Judge Michael Cleveland that plea negotiations with the District Attorney's Office were ongoing and additional time was needed to submit "more documentation."

First Assistant District Attorney Melissa Cianfrini said copies of any new documents need to be forwarded to the D.A.'s office. She said she did not have a problem with postponement; but come Dec. 17 the people will demand the case to be adjudicated or a trial date set.

That's exactly what Judge Cleveland had said the last time the case was on the docket, on Sept. 24, when neither Frens nor attorney Michael Ranzenhofer showed up like they were supposed to and without communicating anything to the court.

The matter was also delayed once during the summer, on July 30, after Ranzenhofer cited unspecified "complications."

Frens, who lives on Pearl Street Road in the Town of Batavia, is in her mid-50s and was accompanied to court today by a male, possibly her husband.

She stood quietly next to attorney Alba at the bench, looking different from both her previous court appearance and from her arrest mug shot (inset photo). Today, she had long straight blond locks, and wore a maxi skirt with swirls of teal, black and white, and a purple hooded jacket.

She was arrested July 10 by Troopers out of SP Batavia and charged with overdriving, torturing and injuring an animal; failure to provide proper sustenance.

Troopers were dispatched to the Genesee County Animal Shelter at the request of animal control officers after Frens arrived at the facility to claim her dog that had been found by her neighbor the day before.

"Maya" was in very poor health with multiple issues caused by neglect, according to Volunteers for Animals. The dog was diagnosed with multiple skin infections, mange, double ear infections that left her only able to hear a dog whistle, and her uncut nails were so long she could barely move.

Under the state Agriculture & Markets law, Article 26, Section 353, this is a Class A misdemeanor. If found guilty, a defendant faces jail time of more than 15 days but not greater than one year. In addition, a fine of up to $1,000 can be imposed.

A man who keeps the books for Volunteers for Animals said outside court this afternoon that he guessed Maya's vet bills were between $300 and $500.

The dog's mange has cleared up; knots of scar tissue on her back and shoulders were surgically removed; her muscles are stronger and she's gained weight; she's been spayed. And she's been adopted into a home that cares.

The county’s Emergency Response Team (aka SWAT) is at a location just north of the Thruway on Lewiston Road for an unknown type of incident. 

Lewiston is closed between Veterans Memorial Drive and Galloway Road. 

The incident started at about 4:30 a.m.

Sheriff Bill Sheron said no information is being released at this time because it is an ongoing situation. 

Residents have been told to shelter in place. 

UPDATE 10:20 a.m.: Road reopened at about 10 a.m.; no further information has been released yet. 

Reader-submitted photo.

When Larry Sharpe was last in Genesee County, speaking to the members of SCOPE, he rejected the idea that he's the spoiler candidate in New York's gubernatorial race.

He said he's got momentum, strong social media support (the mainstream media doesn't see him coming, just like Donald Trump, he said), and is drawing in not just Republican voters, but Democrats and Independents.

A Gravis Marketing poll from two weeks ago showed Sharpe drawing about 13 percent of the vote, or about 13 times more than any previous Libertarian candidate for governor.

Marc Molinaro, the Republican running for governor, Sharpe said, is the spoiler, not, this time, the Libertarian.

Asked about Sharpe's barb while in Elba on Friday, Molinaro sidestepped the question.

"Listen I don't know him," said Molinaro, who had just arrived at Oliver's Candies. "I've met him twice in my life. I'd venture to guess that most New Yorkers have just heard of him over the last year. I don't know. I'm sure there are plenty of people who want to support a Libertarian candidate and they have every right to do that. I'm not going to second-guess that. We're eating candy."

Combined, at 25 percent and 13 percent, Molinaro and Sharpe don't add up anywhere close to the 48 percent of New Yorkers who say they plan to vote for Cuomo. (Stephanie Minor, the mayor of Syracuse, is pulling 8 percent, and Howie Hawkins, the Green Party candidate, is at 6 percent.)

The controversy of the morning was a commitment by Gov. Andrew Cuomo to "debate" Molinaro on WCBS. Apparently, Cuomo had appeared on the show Friday and said he would clear his schedule Saturday morning to appear on air with Molinaro. Cuomo said he would phone it in.

"Listen, what was offered up this morning isn't a debate," Molinaro said. "It's a theater production."

He later added, "New Yorkers are being treated like they don't deserve or don't have any right to having two candidates come before them and answer questions. No, I'm sorry that's not a debate. It is a fraud."

The "two candidates" phrase wasn't Molinaro's statement during the short interview outside of Oliver's Candies in Elba that verbally excluded the other candidates in the race.

Pressed about his seeming exclusion of Sharpe from a debate, Molinaro said, "We've already agreed to debates that include all candidates. They need to include the Governor, too."

Molinaro was in town with Assemblyman Steve Hawley to tour small businesses, meet with small business owners, and then attend Hawley's 11th annual campaign fundraiser at Batavia Downs. The first stop was Oliver's Candies, which was celebrating Friday and Saturday the grand opening of its new production facility in Elba.

The local business tour included a stop at Post Farms, with Jeff Post, in Elba (bottom two photos), and Chapin Manufacturing in Batavia.

Molinaro said he understood how tough it is for small businesses to survive in New York.

"The seismic increases in the minimum wage over a short period time has cost money," Molinaro said. "The fact that property taxes continue to rise is a burden on small business owners so they get it regardless of what they're producing. But listen if you're going to visit a business it should be sweet."

Top photo: Adaiden Hyman and his mother were visiting Oliver's on Friday as a treat for his birthday; Hawley and Molinaro stopped to wish him a happy birthday.

After more than three hours of motions by attorneys and testimony by Hernandez and her stepfather yesterday, the case was not completed, and Immigration Judge Steve Connelly had other items on his calendar for the afternoon, so he scheduled closing arguments for 9 a.m., Nov. 2.

Hernandez was arrested and charged last year after creating a fake Facebook account, under the name Martin Doll, and then posting a threat to shoot fellow students at East Rochester with a shotgun.

She was brought here illegally at age 3

The 21-year-old who was brought into the country without documentation when she was 3 years old was originally charged with a felony count of making a terroristic threat. She reached a plea deal in the case and her family hoped a guilty plea to a misdemeanor charge of filing a false report would save her from deportation but ICE officers were in court the day she entered her guilty plea and took her into custody with the intent to deport her.

Dressed in the blue uniform of the detention facility that designates her as a low-level offender, Hernandez, or Abi as her family calls her, told Connelly she didn't need a Spanish language interpreter to understand the proceedings. She did struggle at times to comprehend what she heard or the questions asked but not because of any language barrier. Her stepfather testified later in the morning the doctors had told the family she had the cognitive ability of an 8-year-old.

Immigration attorney Hannah Vickner Hough has filed a petition for asylum in the United States, according to her statements in court yesterday, based on her client's intellectual disability. Hough contends that Hernandez has no family in Mexico who can properly care for her, that she has no knowledge of life in Mexico, that Mexico has inadequate community-based services to see to her needs, and that Hernandez would be victimized in Mexico.

Her stepfather, Flores Moya, testified  -- in testimony often interrupted by sobbing -- that he feared Mexican gang members would turn his daughter into a prostitute or kill her if she returned to Mexico.

U.S. attorney argues asylum application should be dismissed

The government's attorney, who refused to give his name to reporters, tried to argue that the asylum application should be dismissed outright because Hernandez was time-barred from filing for asylum and that her arrest was for a serious crime.

Connelly ruled against the motion because there is no time limit on an asylum application in a case involving potential torture, and while the government can make the case that the underlying events of her guilty plea involved a serious allegation, she only admitted to a misdemeanor charge.

The hearing opened with Connelly asking Hernandez if she understood the difference between the truth and a lie. Hernandez sat silent for a long time and then said she didn't understand the question. He tried to rephrase it, and Hernandez said she didn't understand. Then he held up a pad of yellow sticky notes and said asked if she knew her colors. She did she said, and she said, "that's yellow."  

He asked her, "If I told you it was red would I be telling the truth or lying."

"Lying," she said.

Hernandez answered questions from her attorney with Connelly jumping in with questions of his own on occasion. She said she knew her grandmother brought her from Mexico to New York City when she was 3 or 4 but she didn't know how she got there.

Her family moved to Rochester when she was 7.

Both her mother and her father -- actually, stepfather -- were in the country legally and she said she had seen her mother's green card.

She didn't know if anybody had filed a petition for her to be in the country legally prior to her DACA application. She was accepted into the DACA program but her status was revoked once removal proceedings commenced.

Her grandmother returned to Mexico and lives there now, but Hernandez saw her grandmother in November 2017 in Rochester (Moya would later testify that her grandmother visited the United States on a 25-day visa in November and December of 2017).

She said she couldn't live with her grandmother because her grandmother, at 85, can't take care of her, that she can barely take care of herself. She said she doesn't know where her grandmother lives or where her aunt and uncle live in Mexico.

When asked what kind of help she might need if she lived in Mexico, she said she didn't know.

Her abilities are very limited

She has never learned to drive and has never had a bank account.

Hough asked her if she knew how to prepare meals herself. She said her mother tried to teach her to make pancakes.

Connelly asked if she knew how to make pancakes. Hernandez said she did not know how to make pancakes. Connelly asked her if she knew how to make anything. She said she did not.

"Do you know how to make eggs?"

"Yes," Hernandez said.

"What kind of eggs do you know how to make?"

Hernandez, who wore her long dark hair, with blonde streaks, in braids, tried hiding her face.

"Don't be shy," Connelly said.

"Mexican eggs."

"How do you make Mexican eggs?"

After a long silence, Hernandez said, "I don't know."

Hernandez sometimes babysits her 3-year-old sister and knows not to let her climb on the table because she might fall and hurt herself.

She's had volunteer jobs in the cafeteria at school and a local hospital washing dishes and taking out the trash but has never earned a paycheck.

After her arrest she was prescribed medicine to help her cope with her anxiety because otherwise, she throws up when she is with her attorney or in front of a judge.

The government attorney asked Hernandez several questions during cross-examination about her interaction with Rochester PD, which led to her arrest. Connelly allowed the line of questioning because the government is trying to establish that while Hernandez was convicted of only a misdemeanor, her actual crime was serious.

Though convicted on misdemeanor, crime was serious

He asked if Hernandez created a fake account by herself using the name "Martin Doll." She said she did. She didn't know why she picked that name. She also has a Facebook account under her own name. She testified she knows how to make and accept friend requests, make posts, and send messages.

She couldn't remember being asked certain questions or didn't remember certain answers in her interview with police, which related to possible statements about half the kids in school being mean to her, that she said she understood why the Parkland, Fla., shooter did what he did, and that she wanted to hurt one particular person at school.

She didn't remember telling police she wanted to cause fear among her fellow students at East Rochester.

She said she doesn't know why she wrote, "I'm coming tomorrow. I'm going to shoot all of you bitches."

She was accused of posting that comment on the Martin Doll account under a picture of East Rochester students.

When the attorney switched to questions about Hernandez obtaining her DACA status, Connelly jumped in with his own questions.

He wanted to know if she thought DACA was a good thing for her. She said it was. He asked why? She said, "so I can have a job and go to school or college." He asked if there was any other reason it was good. She said, "I don't know."

Moya, 55, then took the stand. He spoke in Spanish. The court provided an interpreter.

He said he was a legal resident of the United States for 30 years and came from the Dominican Republic. He met his wife, Abigail's mother, while working as a taxi cab driver in New York City. They lived in the Bronx and were only married eight years ago.

He is close to obtaining citizenship, he said.

Abi needs a lot of help, family fears criminals in Mexico

When he was first with his wife, he learned of Abigail's situation, both her cognitive disability and a problem with an eye that wouldn't open properly. He had seen pictures of her before he ever met her.

To help his wife, he said he paid for a "coyote" (an immigrant smuggler) to help Abigail and her grandmother cross the border illegally when Abigail was 3 years old.

He said his wife's mother, besides being elderly, has diabetes. He's not really sure how she is managing to care for herself. Her house, he said, is dilapidated and he's been sending her money to repair it. He said Abigail's uncle is an alcoholic living in Mexico City and her aunt is a single mother with four small children. He said neither could adequately care for Abigail.

He said besides school and school activities, Abigail rarely leaves the house. She likes to play video games and watch wrestling on TV.  She has friends but never socializes with them. She's afraid to leave the house on her own, even to walk to the store and get her father a soda. 

He would like her to learn to do even these little things "so she can be a normal person," he said, but that he also fears she wouldn't fair well on her own outside the house.

"She will probably never be out alone because she's not like the other girls," Moya said. "She doesn't know what the other girls know or about life on the streets like the other girls."

In Mexico, he said, things are even much worse.

"A lot of criminals turn women into prostitutes," he said. "She would allow it because she doesn't know about these things and many, many, many women are killed daily. She would not really live long in Mexico especially with the problems she has."

Hough asked Moya if he had thought of moving to Mexico if his daughter was deported. This was one of the points where he started to cry. He said he had.

It would be a difficult decision, he said.

"I have a good job with the transportation authority," he said. "I have benefits, a retirement. I own a home."

The government attorney pressed Moya on his own recent arrest. He wanted Moya to admit to an arrest for petit larceny. Moya was more interested in defending his actions.

He said he wasn't arrested but just given an appearance ticket. He said he had been in a store and took the price tag off of one doll and put it on another, not knowing there was a $1 price difference between the dolls.

"I make $500 a week," he said, "why would I steal one dollar?"

He said he did own a shotgun but that Abigail didn't have access to it. It was locked in the basement of another resident and he didn't have shotgun shells for it. He said he bought so his wife could protect herself merely by brandishing it if any bad people came to her door.

Both attorneys expect to make closing arguments Nov. 2 but Connelly left the record open in case either attorney decides in the interim to present other exhibits or call additional witnesses.

Haley M. Merrill, 26, of East Main Street, Batavia, is charged with: 10 felony counts of second-degree forgery; 10 felony counts of first-degree offering a false instrument for filing; and 10 Class A misdemeanor counts of second-degree criminal impersonation. On Oct. 13, Merrill was arrested in the Town of Alexander on charges of criminal possession of stolen property in the fourth degree and criminal possession of stolen property in the fifth degree. Upon entering GC Jail, it is alleged that Merrill provided false information -- a false identity -- in an attempt to benefit herself. On Oct. 16, she was arrested and arraigned on charges pertaining to false identification and then jailed without bail. She was due back in Batavia City Court on Oct. 17. The case was investigated by Deputy Ryan M. DeLong and Senior Correction Officer Matthew Burgett, assisted by Deputy M. Lute, Deputy K. McCarthy, Deputy K. Forsyth and Deputy J. McClellan.

Ryan Matthew Norton, 44, of Bloomingdale Road, Alabama, is charged with aggravated DWI, and DWI. At 11:20 p.m. on Oct. 14 on Alleghany Road, Alabama, deputies responded to the report of a motor-vehicle accident in the Town of Alabama. They located a vehicle with heavy front and side damage. Deputy Ryan Young located the operator walking away from the vehicle. Following an investigation, it is alleged that Norton was driving while intoxicated and his blood alcohol level was above .18 percent. It was determined that Norton allegedly struck a parked car in Orleans County before being stopped in Genesee County. He is due in Alabama Town Court on Nov. 14 to answer the charges. Deputy Young was assisted by Deputy Andrew Mullen in this case.

Eric Charles Dockstader, 34, of Council House Road, Tonawanda Indian Reservation, is charged with second-degree criminal contempt. On Oct. 13 at about 2:48 p.m., deputies responded to Meadville Road in the Town of Alabama for a report of a violation of a court order of protection. Dockstader was subsequently arrested. He was issued an appearance ticket and is due in Town of Alabama Court on Nov. 1. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

John J. Saddler, 31, of East Main Street, Batavia, is charged with violating an order of protection. Saddler was arrested at 9 p.m. on Oct. 14 on Watson Street in Batavia and arraigned in Batavia City Court on the charge. He was jailed on $2,500 cash bail or $5,000 bond. The defendant is due in court Oct. 23 to answer the charge. The case was handled by Batavia Police Officer Stephen Quider, assisted by Officer Jason Davis.

Todd J. Pangrazio, 42, of Pleasant View Drive, Lancaster, is charged with failure to appear in court after an appearance ticket was served. He was served with an appearance ticket after failing to go to court after being issued a ticket following a traffic stop in March 4 in the City of Batavia. He was arraigned on Oct. 17 and jailed on $1,000 cash or bond. The case was handled by Batavia Police Officer Kyle Krtanik, assisted by Officer Chad Richards.

Martin D. Moore, Ph.D., the new manager of the City of Batavia, was the center of attention on Wednesday afternoon, but he was quick to mention that it’s the residents who come first.

Moore, speaking at a meet-and-greet session at City Hall Council Chambers, said he advocates an open-door policy that gives citizens an avenue to let their voices be heard.

“I’m here for the people themselves … that’s who I work for,” said Moore, who was joined at the event by his wife, Joanne, and 17-year-old son, Martin Jr. “If they need something, have an issue or a suggestion, I am willing to listen. There are no bad ideas.”

The former city manager of Eunice, N.M. (he served in that capacity for about seven years), Moore said he has a “relaxed style but is very driven toward results at the same time.”

As he prepares for his first City Council meeting next Monday, Moore said his immediate priorities include talking to the management team about how to communicate effectively, building a working relationship with the business community, and meeting with Batavia Development Corporation officials about the Downtown Revitalization Initiative.

“I really want to see the shovels starting to hit the ground,” he said, referring to the Ellicott Station project.

His hiring as the one to replace Jason Molino, who resigned the position about nine months ago, is homecoming, of sorts, for his family. His wife has two sisters in Le Roy, a brother in Warsaw and another sister in Castile. She also has a brother who resides in Tonawanda.

Moore said he was in the running for similar positions in Arizona, New Mexico and Colorado, but believes that the Batavia job was meant to be.

“When I came here (during the interview process), everything seemed to click,” he said. “City Council was great; I really enjoyed talking to them and when I went around town, the people were very friendly.

“And if any hurdle came up, it was worked out. Everything just lined up.”

City Council agreed to an initial contract of $110,000 plus benefits for Moore.

His previous executive management experience includes a four-year stint as a consultant, census 2010 crew leader and general manager in Timberon, N.M.; county manager for Otero County, N.M.; executive director of Eastern Arizona Counties, and director of development and community services for Apache County, Ariz.

An Eagle Scout, he was a member of several professional associations and president of the Eunice Rotary Club.

His wife said she was excited when she heard about the Batavia position being open and got “really excited” as her husband made the final cut.

“I haven’t lived in New York since I was 16,” she said, noting that she moved to Hawaii in the mid-1970s and then to the southwestern part of the United States after marrying Moore in 1985.

“He was an Arizona boy, so we settled in New Mexico,” she said.

Joanne, who served as the Chamber of Commerce director in Eunice from 2011-2018, said her husband will be active in the community – appearing at festivals and other events. (They have found a home on Lincoln Avenue, just a short walk from Centennial Park).

“(Martin) likes to be somewhere where he can make a difference,” she said. “He wants to do things to help the community and wants to know what the people think. Sometimes you don’t know unless somebody lets you know.”

Martin Jr. is one of seven children – the others live in New Mexico, Utah, Idaho and Michigan – and is in his senior year at Batavia High School.

He said he's interested in cosmology, the science of the origin and development of universe, and hopes to go to college in Hawaii and earn an internship at the Mauna Kea Observatories.

At least one Batavia resident, James Owen of Redfield Parkway, said he came away with a positive first impression of Moore and his family.

“I think he’s going to be great for Batavia,” Owen said. “He came across as very willing to help the citizens of Batavia. We’re hoping for the best.”

But to do that he may need to convince a jury that he didn't tell his son about a failed medical trial for a new drug developed by Innate Immunotherapeutics when Collins called him from the White House lawn June 22, according to an attorney who specializes in insider trading law.

Robert Heim is a former Securities Exchange Commission attorney who now works as a private defense attorney for those accused of violating securities laws.

"Perhaps Mr. Collins might argue that somehow the information was either public or had been leaked out, but on its face, it seems like a very difficult case for him to beat right now," Heim said.

Neither Collins nor his attorneys have shared what his defense might be, but as Heim acknowledged, prosecutors have a lot of evidence related to the number and timing of phone calls, text messages, and trades, which is why Collins will need to offer a convincing explanation for the June 22 phone call.

On June 22, at 6:55 p.m, Collins received an email from Innate's CEO, Simon Wilkinson, informing Collins, who was among the company's largest shareholders and a member of Innate's board of directors, that a critical trial for a new multiple sclerosis drug had failed.

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

Innate was a single-product company and the trial's failure meant it would not bring that drug to market.

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

According to prosecutors, Collins immediately attempted to contact his son, Cameron Collins. He called Cameron twice. Cameron called back three times. Chris Collins called him back. On their seventh attempt to connect, at 7:16 p.m., father and son finally spoke with each other.

Chris and Cameron spoke for six minutes and eight seconds.

There was no wiretap on the phone call, and prosecutors have not indicated that they have any direct knowledge of what Collins told his son.

Prosecutors will attempt to prove Collins told Cameron of the failed MIS416 trial, disclosing nonpublic information, knowing it was a breach of his duties and anticipating his son would trade on the information and tip others.

Heim said Collins will need to convince a jury that he discussed with Cameron something other than the MIS416 trial, be it the weather, or "wow, I'm at the White House," wedding plans, or some other topic that seemed urgent at the time.

"I've worked on insider trading cases like this for about 20 years now and almost always these are circumstantial cases," Heim said. "People rarely come in and admit to committing insider trading, so a jury is going to really have to look at the various facts in terms of timing the phone calls, the timing of trades, and people's explanations to really come up with a decision as to what's more likely: Was this inside information discussed? Or were they talking about other things and this just happens to be very poor coincidental timing?"

If the failed drug trial was a topic of the June 22 phone call, Heim indicated Collins is going to have a hard time proving his innocence, especially in a Second Circuit court. The Second Circuit, he said, has a "loose standard" on what constitute's "tipper liability."

"If you're passing on information, the inside information, to a family member that satisfies what's called the 'personal benefit test' that is required to be proven for the government to win an insider trading case," Heim said.

Chris and Cameron Collins, along with 66-year-old Stephen Zarsky, father of Cameron's girlfriend, Lauren, are charged with in Federal Court with conspiracy, securities fraud, wire fraud, and making false statements to FBI agents.

Lauren and her mother, Dorothy have already settled with the SEC.

The morning after receiving his father's call, according to the SEC complaint, Cameron started to act on the allegedly non-public information, including selling stock and tipping the Zarsky family.

If Chris Collins can successfully argue that he didn't tell his son about the non-public information, then Cameron may need to prove he obtained it from another source.

It's not illegal to buy or sell stocks on "insider information" if it was legally obtained. For example, if Cameron overheard his father or somebody else talking about the failed trial with a person who was authorized to share the information, he can do as he pleases with the information.

Barry Switzer, former University of Oklahoma football coach, was at a track meet in 1981 when he overheard a company CEO discussing his firm's plans. The next day, Switzer and his friends acted on the non-public information and eventually made $600,000 on the trade. Switzer was charged with insider trading, but a court ruled in Switzer's favor.

"The court said that that's not illegal as long as you're not breaching some sort of duty or someone's not telling you the information in violation of a confidentiality agreement," Heim said. "That a legitimate defense."

Cameron's case hinges entirely, it seems, on how he knew to dump his 1.4 million shares of Innate stock just before news of the failed trial went public.

"In order for that chain to be legally actionable it has to have as the source a breach of a fiduciary duty or some other duty that's owed to the company and its shareholders," Heim said. "And that Cameron received that information separately, not from his father but by perhaps overhearing a conversation. Then if he's successful in that argument then, yes, he's free to tell other people about that information and essentially tip them because he did not breach his duty in the first instance by acquiring that information."

Besides the record of phone calls, texts, and trades, the prosecution may have other evidence that  is not yet publicly disclosed, Heim said. We also don't know how Lauren and Dorothy Zarsky, or others, might cooperate with the prosecution. There could have admissible information that supports the prosecution's theory that Chris Collins tipped Cameron Collins.

Witness testimony gets complicated, Heim said, because of trial rules involving hearsay and spousal privilege but there could be supporting witness testimony that is used at trial.

Without wiretaps, Heim said, "this could come down to a he-said-she-said type of scenario."

Based on the evidence made public so far, Heim said it seems like the government has a pretty solid case.

"It looks like there was a very thorough investigation, Heim said. "They put together the best evidence they could into a circumstantial case. Now I think really falls on Mr. Collins to come forward with some explanation or evidence as to what other topics were discussed in the calls and why they were being made at that particular time."

Photo: File photo.

NOTE: The Batavian has requested multiple of times an interview with Rep. Chris Collins. He has not agreed to an interview so we have been unable to ask him questions related to his insider trading case or even questions relevant to his bid for reelection.

Levi Spikes Jr. is indicted for the crime of failure to register a change of address as a sex offender, a Class E felony. It is alleged that between November 2017 and January 2018, Spikes failed to register a change of address with the NYS Division of Criminal Justice Services within 10 calendar days after moving from 3 Lewis Place in the City of Batavia. In count two, he is accused of offering a false instrument for filing in the first degree, a Class E felony. It is alleged in count two, that Spikes knew a written instrument -- a NYS Sex Offender Change of Address Form dated May 8, 2018 -- contained false information. The form contained a statement that the defendant had not moved from 3 Lewis Place, Batavia, until May 8, 2018. He then offered the form to public authorities to be filed for official records. In count three, Spikes is accused of the same crime alleged in count two. In count three, he is accused of knowing the same type of form, dated May 11, 2018, also contained the same false information and yet he offered it to public authorities to be filed for official records. In count four, the defendant is accused of another count of failure to register a change of address as a sex offender. It is alleged in count four that he failed to give the NYS Division of Criminal Justice Services a change of address within 10 calendar days when he moved from 421 Ellicott St. in the City of Batavia.

Iszon C. Richardson, 18, of Lewis Place, Batavia is charged with: criminal contempt in the first degree -- with physical contact; criminal obstruction of breathing / blood circulation; burglary in the second degree -- illegal entry of a dwelling; resisting arrest; and fourth-degree criminal mischief. Richardson was arrested following an investigation into a domestic violence incidence that was conducted by Officer Lawrence. The defendant is accused of illegally entering the residence of a protected person on Jackson Street in Batavia at 12:34 p.m. on Oct. 14. The victim has a stay-away order of protection against Richardson, who is accused of choking that person and damaging property. Richardson was located in the area by Officer Ivison and Officer DeFelice. Richardson resisted arrest and fled on foot before being apprehended a short time later. The case was handled by Batavia Police Officer Jason Ivison, assisted by Officer Catherine Mucha.

Michael Lettice, 71, of Lehigh Station Road, Henrietta, is charged with grand larceny, second-degree forgery, and issuing a bad check. On Oct. 12, Lettice was arrested for allegedly fraudulently endorsing two checks on May 21. He was arraigned and put in Genesee County Jail without bail. He was due in City Court on Monday (Oct. 15). The case was investigated by Batavia Police Officer Catherine Mucha.

Mitchell Merrill, 33, and Haley Merrill, 26, both of East Main Street, Batavia, are charged with: five counts each of criminal possession of stolen property in the fourth degree; and four counts each of criminal possession of stolen property in the fifth degree. They were arrested following an investigation by the Genesee County Sheriff's Office following a report of larceny to a vehicle at 12:40 a.m. on Oct. 14 in the Village of Alexander. They were allegedly found in possession of stolen property consisting of five credit cards and other personal property taken from multiple vehicles throughout the village. Mitchell is being held in GC Jail without bail; Haley is held on $5,000 cash bail or $10,000 secured bond. Both were due back in Alexander Town Court this afternoon (Oct. 16). The investigating officers were: Sgt. John Baiocco, Deputy James Stack and Deputy Andrew Mullen.

Carlos Edward Guevara, 45, of Highland Parkway, Batavia, is charged with third-degree assault. It is alleged that at 9:38 p.m. on Oct. 6 that Guevara became combative and began attacking an Emergency Medical Technician who was rendering aid to Guevara. The defendant had been found unresponsive, lying on the sidewalk on Hutchins Street. He is due in City Court on Oct. 23 to answer the charge. The case was handled by Batavia Police Officer Chad Richards, assisted by Officer Christopher Camp.

Isaiah J.A. Munroe, 28, and Chercal A. Smith, 23, both of Batavia, were arrested on Oct. 13 on Bank Road in the Town of Middlebury in Wyoming County. Wyoming County Sheriff's deputies stopped to check on a vehicle parked in a parking area off of Bank Road. Munroe was the male driver of a 2014 Hyundai Sonata that was found parked with the engine running; Smith of the front-seat passenger. The odor of marijuana was allegedly detected by the deputies as they approached the vehicle. A subsequent search of the vehicle led to the discovery of three OxyContin pills; one tramadol pill, and concentrated cannabis -- all controlled substances. Smith was also allegedly found to have concealed two pill bottles in her bra containing marijuana and marijuana blunts. Both occupants of the vehicle were arrested and the Sonata was towed. They are charged with three counts each of criminal possession of a controlled substance in the seventh degree. Smith was additionally charged with unlawful possession of marijuana. They were arraigned in Village of Warsaw Court and both were jailed with bail set at $500 cash or $2,500 bond apiece. They are due in Town of Middlebury Court on Oct. 22. Wyoming County Sheriff's Sgt. Colin Reagan handled the case.

Luis A. Ramos-Mercado, 34, of South Main Street, Batavia, was arrested Oct. 16 at 9 a.m. on a bench warrant out of city court. It was issued after he failed to appear for: having a suspended vehicle registration; operating a motor vehicle while his registration was suspended; and having an unregistered motor vehicle. He was arraigned and jailed on $1,000 bail. He had a second bench warrant, also out of city court, for failure in appear on a charge of second-degree criminal trespass. His bail on that was set at $2,500. Ramos-Mercado had a third bench warrant out of city court and it was for failing to appear on a charge of using drug paraphernalia in the second degree. Bail for this was also set at $2,500. The defendant is due in city court on Oct. 18 on all three cases. Batavia Police Officer Arick Perkins handled the cases.

Daniel B. Cochran, 63, of East Bethany, was arrested at 11:38 p.m. on Oct. 9 for: DWI; aggravated DWI; moving from lane unsafely; refusal to take a breath test; and unlawful possession of marijuana. Troopers in Wyoming County arrested him after a traffic stop on Route 20A in the Town of Orangeville. He allegedly failed to maintain his designated lane while driving, prompting the traffic stop. He failed multiple standard field sobriety tests and was transported to State Police Barracks in Warsaw for processing, where he allegedly had a BAC of .18 percent. Cochran was issued traffic tickets for the Town of Orangeville Court and is due there on Oct. 24.

Aaron Lee Klein, 47, of State Street, Batavia, was arrested at 1:40 a.m. on Oct. 15 on Monclair Avenue, Batavia City police responded there for a report of a disturbance and arrested Klein after it was discovered that an order of protection was in place, requiring that Klein stay away from the address. He was arraigned and jailed on $5,000 cash bail or bond and is due in city court on Oct. 18. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Darryle Streeter. He is also charged with criminal use of drug paraphernalia in the second degree and endangering the welfare of a child less than 17, stemming from an incident on Sept. 9, and that case was handled by Batavia Police Officer Jason Ivison.

Marissa S. Adams, 19, of West Main Street Road, Batavia, is charged with fourth-degree criminal mischief. She was arrested at 2:50 p.m. on Oct. 15 on State Street in Batavia after she allegedly took a phone out of the hand of a person attempting to contact police and threw it on the ground, causing it to break. She was issued an appearance ticket and is due in city court on Oct. 23. The case was handled by Batavia Police Officer Jamie Givens.

Steven David Smires, 23, of Clay Street, Le Roy, is charged with trespass. At 2:07 p.m. on Oct. 10, Genesee County Sheriff's deputies responded to Route 19 in the Town of Le Roy for a trespass complaint. After an investigation, Smires was arrested. He allegedly entered a house on Warsaw Road in Le Roy and remained unlawfully in the backyard of a residence. He was issued an appearance ticket and is due in Le Roy Town Court on Nov. 5. The case was handled by Genesee County Sheriff's Deputy Erik Andre.

Tiesha Deon Doward, 32, of Pearl Street, Batavia, is charged with petit larceny. She was arrested at 4:01 p.m. on Oct. 10 on East Main Street in Batavia following an incident at Dollar General. It is alleged that Doward entered the store, selected two items from shelves in the store then proceeded to the cash register, where she indicated the intent to return those items using a receipt from several days prior. She was issued an appearance ticket by city police and is due in coity court on Oct. 23. The case was handled by Batavia City Police Officer Chad Richards.

Justin T. Gladney, 29, of North Spruce Street, Batavia, was arrested on a bench warrant on Oct. 11 for failing to appear in court. He was arraigned and jailed in lieu of $1,000 bail. Gladney was due back in city court on Oct. 15. The case was handled by Batavia Police Sgt. Dan Coffey, assisted by Officer Jamie Givens.

Mark J. Spath, 48, of Rochester, was arrested by Troopers out of SP Batavia Barracks at 11:55 a.m. on Oct. 10 for criminal possession of marijuana in the fourth degree, no seat belt, and uninspected motor vehicle. Troopers stopped Spath on State Route 19 in the Town of Bergen for no seat belt. While speaking to Spath, the operator, Troopers allegedly detected the odor of marijuana emanating from the vehicle. Spath was placed under arrest after Troopers searched the vehicle and allegedly found Spath to be in possession of approximately 7.76 ounces of marijuana. Spath was transported to SP Batavia where he was issued an appearance ticket for the Town of Bergen Court later this month.

Travis L. Bartz, 23, of Buell St., Batavia, is charged with unlawful possession of marijuana. At 8:58 p.m. on Oct. 12 on Trumbull Parkway in Batavia, Bartz was arrested for allegedly possessing marijuana. He is due in Batavia City Court on Nov. 6 to answer the charge. Also on Oct. 12, Bartz was arrested on an outstanding bench warrant for failure to appear in city court on a charge of unlawful possession of marijuana stemming from August. He was released on his own recognizance until his next court appearance Nov. 6. The cases were handled by Batavia Police Officer Catherine Mucha, assisted by Officer Christopher Lindsay.